The history of Hawaii legislative sessions is one littered with good ideas that could never get off the ground.
From taking meaningful action on homelessness and affordable housing to addressing the woeful physical condition of Hawaii鈥檚 public schools to tackling law enforcement reform, legislators have developed toes of steel through their dogged annual practice of kicking the can down the road.
With apologies to Ben Franklin, 鈥淧ut off until tomorrow what you can do today鈥 might well be the motto at the state capitol.
Some would argue that making laws and legislating change ought to be difficult, and that the Legislature鈥檚 plodding approach helps ensure bad legislation doesn鈥檛 get passed. Fair enough. But what are voters to do when the process is just too slow, or when legislators refuse to act on matters they fear might diminish their own power?
The unfortunate answer is that there is very little they can do: Hawaii has no citizen initiative process that allows voters to put issues on elections ballots for a simple up or down vote. Hawaii is the only Western state without some sort of voter initiative law, and that rightly troubles Sens. Russell Ruderman, Laura Thielen and Maile Shimabakuro, who have put forward legislation this session to change that.
would allow voters to decide whether to amend the state Constitution to create an initiative process that would transfer some measure of legislative power back to the people.
In framing the bill, the three lawmakers have incorporated safeguards that assure our ballots wouldn鈥檛 be strewn with reckless or nefarious initiatives. For instance, petitioners would have to gather valid signatures from 10 percent of voters in the most recent gubernatorial election to qualify a measure for the ballot. Potential measures would not be able to target an individual or a company, address a budget issue or change the state Constitution.
Any proposal would have to be certified as legal by the state attorney general before it could go on the ballot, and a supermajority of the Legislature could repeal any ballot initiative five years after its passage.
The bill wasn鈥檛 created out of thin air or in reaction to stymied personal agendas. Rather, Ruderman and Thielen brought it back from their participation last fall in the Council of State Governments鈥 Western Leadership Academy. It is informed not only by Hawaii鈥檚 clear need for such a process, but by the experiences of other states, some of which have fine tuned their own ballot initiative processes over decades.
If the Legislature passes the citizen’s聽initiative measure and Gov. David Ige signs off, the proposal would be placed on the fall 2016 general election ballot, where voters would have the final say.
Direct Democracy’s Chances? ‘Pretty Slim’
Despite the bill鈥檚 obvious benefits for Hawaii鈥檚 citizenry, it hasn鈥檛 exactly set the Legislature on fire. Ruderman says that despite getting a lot of positive feedback on the measure from constituents, he hasn鈥檛 heard a word from legislative colleagues. One fellow lawmaker has told Thielen he likes the proposal, but other than that, radio silence.
Most troublingly, though, the bill hasn鈥檛 been scheduled for a hearing before Sen. Gil Keith-Agaran鈥檚 Judiciary Committee, and it faces a Tuesday deadline for such action. Ruderman and Thielen have formally requested a hearing, but haven鈥檛 received a response.
Ruderman described the bill鈥檚 chances in a Thursday meeting with the Civil Beat Editorial Board as 鈥減retty slim鈥 鈥斅燼n assessment with which Thielen agreed.
鈥淭he Legislature won鈥檛 voluntarily take this up,” she said. “So it鈥檚 going to require enough people putting pressure on their legislators across the state 鈥 or enough people to vote yes on the (constitutional convention).鈥
To Thielen鈥檚 latter point, if the Legislature refuses to pass the measure, the only other way a direct initiative process could be approved would be through a constitutional convention.
And if the bill鈥檚 legislative chances are slim, the possibilities of a constitutional convention are downright anorexic: Hawaii鈥檚 last such confab was held in 1978, and lawmakers, unions and the party in charge have consistently shot down efforts to hold another.
In any legislative session, including the current one, that then goes before voters for approval. If they don鈥檛 do so, a proposal goes on the ballot automatically every 10 years.
The last time that happened was by a 65 percent to 35 percent margin. The proposal was opposed by, among others, multiple big unions and the Democratic Party of Hawaii, who argued that it would be too expensive and wasn鈥檛 needed.
Given the accomplishments of the 1978 convention, making the case for a new one now would seem easy. Back then, convention delegates called for a requirement for an annual balanced state budget, created term limits for the governor and members of state boards and commissions and approved multiple measures intended to address injuries to Hawaiians since the overthrow of the Kingdom of Hawaii 85 years prior.
Despite the long list of potential issues such a convention might take up today, 鈥淣o one鈥檚 out there calling for it,鈥 said Ruderman.
鈥淧art of it may be the devil you know is better than the devil you don鈥檛. Part of it may be, it鈥檚 not just legislators, but people who have access to the Legislature 鈥 do they want to cede their special access to the general public to be able to make a decision,鈥 said Thielen. 鈥淭he overarching power structure, the people who have power don鈥檛 necessarily want to give to the people who don鈥檛.鈥
Thielen and Ruderman are making their case for the bill through media coverage and social media exposure, believing that if they can open a public dialogue on the matter, it would become 鈥渓ess scary, less of a crazy idea.鈥
鈥淲hy should we be afraid of direct democracy?鈥 asks Thielen.
The people of Hawaii deserve to have more influence over their government than the current single-party system provides them, a system that too often returns questionable incumbents to office, election after uncontested election, and that produces a Legislature that is too often deaf to their concerns.
Senate leaders owe the people of Hawaii 鈥斅爐he only Western state without a voter initiative law 鈥斅燼 hearing on this legislation, and they have five days to schedule one. We鈥檙e among many who will be watching closely to see whether they do.
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