HAWAII CONSTITUTIONAL CONVENTION STUDIES 1978 Article XIII: State Boundaries, Capital, Flag Revised by Russell S. Kato Article XIV: General and Miscellaneous Provisions Yvonne Y. Izu Article XVI: Schedule Russell S. Kato Legislative Reference Bureau State Capitol Honolulu, Hawaii 96813 Price $1 .SO Richard F. Kahle, Jr. Samuel R. K. Chang Mav 1978 F'flfar 1)rrt3ctor TABLE OF CONTENTS ARTICLE XIII. STATE BOUNDARIES. CAPITAL. FLAG .... vi ARTICLE XIV. GENERAL AhTD MISCELLAXEOUS PROVISIONS . vii ARTICLE XVI . SCHEDULE ................ x PART ONE ARTICLE XI11 : STATE BOUNDARIES. CAPITAL. FLAG 1 BOUNDARIES ..................... 3 Introduction ..................... 3 Islands Included ................... 4 The Seaward Boundaries ................ 4 Power of the State to Set Boundaries .......... 7 2 STATE CAPITAL SITE ................. 9 Present State Capital Site ............... 9 Relocation of the State Capital ............. 10 Continuity of Government ............... 11 3 HERALDIC SYMBOL ................. 14 State Flag ..................... 14 State Seal ..................... 15 State Motto ................... 15 State Song ............... 16 State Flower .................... 16 State Kickname ................... 17 State Tree ..................... 17 State Bird ................... 18 State Marine Mammal ................ 18 State Color and Birthstone .............. 18 FOOTNOTES ...................... 20 APPENDIX ..................... 22 PART TWO ARTICLE XIV : GENERAL AND MISCELLANEOUS PROVISIONS Chapter I INTRODUCTION . 2 CIVIL SERVICE .................... 29 Part I . Introduction ................. 29 Part I1 . Civil Service Personnel Coverage ...31 Single or Multiple Systems ............. 33 State and/or Local Coverage ............ 35 Governing the Civil Service System .......... 36 Development of the Merit System ........... 36 Part I11 . Merit Principle vs . Other ........... Public Policies ................... 38 Equal Employment Opportunity ............ 38 Veterans Preference ................ 40 Residency Requirement ............. 41 Collective Bargaining ................ 42 Part IV . Merit Principle vs . Civil Service Procedures ................. 43 Job Security: Tenure and Promotion .......... 43 Removal ..................... 45 Recruiting .................... 46 Equal Pay for Equal Work .............. 47 Part V . Summary ................. 51 3 PUBLIC EMPLOYEES RETIREMENT SYSTEM ........ 53 Employees Retirement System and Social Security ..58 4 OATHS AND LOYALTY ................ 62 Part I . Introduction ................. 62 Part I1 . Disqualification from Public Office or Employment ................... 62 Part I11 . Loyalty Oath ............... 66 5 ETHICS ....................... 69 6 INTERGOVERNMENTAL COOPERATION ........... 74 7 FEDERAL REQUIREMENTS . - . - 81 8 CONSTRUCTION .................. 85 9 GENERAL POWERS ................. 86 FOOTNOTES ...................... 91 PART THREE ARTICLE XVI: SCHEDULE Chapter 1 INTRODUCTION .................... 99 2 DISCUSSION OF THE ARTICLE ......... Part I . Districting and Legislative Provisions Section 1 ................. Section 2 ................. Section 3 ................. Section 4 ................. Section 5 ................. Section 6 ................. Section 7 ................. Part I1 . Miscellaneous Provisions ...... Section 8 ................. Section 9 ................. Section 10 ................. Section 11 ................. Section 12 ................. Section 13 ................. FOOTNOTES .......................... 119 Article XI11 STATE BOUNDARIES, CAPITAL, FLAG BOUNDARIES Section 1. The State of Hawaii shall consist of all the islands, together with their appurtenant reefs and territorial waters, included in the Territory of Hawaii on the date of enactment of [the Admission Act]; except the atoll known as Palinyra Island, together with its appurtenant reefs and territorial waters, but said State shall not be deen~edto include the Midway Islands, Johnston Island, Sand Island (offshore from Johnston Island), or Kingman Reef, together with their appurtenant reefs and territorial waters. [Am 73 Stat 4 and election June 27, 19591 CAPITAL Section 2. Honolulu, on the Island of Oahu, shall be the capital of the State. STATE FLAG Section 3. The Hawaiian flag shall be the flag of the State. Article XIV GENERAL AND MISCELLANEOUS PROVISIONS CIVIL SERVICE Section 1. The employment of persons in the civil service, as defined by law, of or under the State, shall be governed by the merit principle. EMPLOYEES' RETIREMENT SYSTEM Section 2. Membership in any employees* retirement system of the State or any political subdivision thereof shall be a contractual relationship, the accrued benefits of which shall not be diminished or impaired. DISQUALIFICATIONS FROM PUBLIC OFFICE OR EMPLOYMENT Section 3. No person shall hold any public office or employment who, knowingly and intentionally, does any act to overthrow, or attempts to over- throw, or conspires with any person to overthrow the government of this State or of the United States by force or violence. [Am Const Con 1968 and election Nov 5, 19681 OATH OF OFFICE Section 4. All public officers, before entering upon the duties of their re- spective offices, shall take and subscribe to the following oath or affirmation: "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States, and the Constitution of the State of Hawaii, and that I will faithfully discharge my duties as ............... to the best of my ability." The legisla- ture may prescribe further oaths or affirmations. CODES OF ETHICS Section 5. The legislature and each political subdivision shall adopt a code of ethics, which shall apply to appointed and elected officers and employees of the State or the political subdivision, respectively, including members of the boards, commissions and other bodies. [Add Const Con 1968 and election Nov 5, 19681 INTERGOVERNMENTAL RELATIONS Section 6. The legislature may provide for cooperation on the part of this State and its political subdivisions with the United States, or other states and territories, or their political subdivisions, in matters affecting the public health, safety and general welfare, and funds may be appropriated to effect such coopera- tion. [$5, ren Const Con 1968 and election Nov 5, 19681 FEDERAL LANDS Section 7. The United States shall be vested with or retain title to or an interest in or shall hold the property in the Territory of Hawaii set aside for the use of the United States and remaining so set aside immediately prior to the admission of this State, in all respects as and to the extent set forth in the act or resolution providing for the admission of this State to the Union. ($6, ren Const Con 1968 and election Nov 5, 19681 COMPLlANCE WITH TRUST Section 8. Any trust provisions which the Congress shall impose, upon the admission of this State, in respect of the lands patented to the State by the United States or the proceeds and income therefrom, shall be con~pliedwith by appropri- ate legislation. [$7, ren Const Con 1968 and election Nov 5, 19681 ADMlNlSTRATlON OF UNDISPOSED LANDS Section 9. All provisions of the Act of Congress approved March 18, 1959 reserving rights or powers to the United States, as well as those prescribing the terms or conditions of the grants of lands or other property therein made to the State of Hawaii are consented to fully by said State and its people. [58, am 73 Stat 4 and election June 27, 1959; ren Const Con 1968 and election Nov 5, 19681 FEDERAL PROPERTY; TAX EXEMPTION Section 10. No taxes shall be imposed by the State upon any lands or other property now owned or hereafter acquired by the United States, except as the same shall become taxable by reason of disposition thereof by the United States or by reason of the consent of the United States to such taxation. 189, ren Const Con 1968 and election Nov 5, 19681 HAWAII NATIONAL PARK Section 11. All provisions of the act or resolution admitting this State to the Union, or providing for such admission, which reserve to the United States jurisdiction of Hawaii National Park, or the ownership or control of lands within Hawaii National Park, are consented to fully by the State and its people. ($10, ren Const Con 1968 and election Nov 5, 19681 JUDICIAL RIGHTS Section 12. All those provisions of the act or resolution admitting this State to the Union, or providing for such admission, which reserve to the United States judicial rights or powers are consented to fully by the State and its people; and those provisions of said act or resolution which preserve for the Statejudicial rights and powers are hereby accepted and adopted, and such sights and powers are hereby assumed, to be exercised and discharged pursuant to this constitution and the laws of the State. ($11, ren Const Con 1968 and election Nov 5, 19681 TITLES, SUBTITLES, PERSONAL PRONOUNS; CONSTRUCTION Section 13. Titles and subtitles shall not be used for purposes of construing this constitution. Whenever any personal pronoun appears in this constitution, it shall be construed to mean either sex. [$12, ren Const Con 1968 and election Nov 5, 19681 GENERAL POWER Section 14. The enumeration in this constitution of specified powers shall not be construed as limitations upon the power of the State to provide for the general welfare of the people. [$13, ren Const Con 1968 and election Nov 5, 19681 PROVISIONS SELF-EXECUTING Section 15. The provisions of this constitution shall be self-executing to the fullest extent that their respective