THE CONSTITUTION OF THE STATE OF HAWAII
ARTICLE XVI - GENERAL AND MISCELLANEOUS PROVISIONS
INDEX TO THE CONSTITUTION OF THE STATE OF HAWAII
section titles
preamble
article I
article II
article III
article IV
article V
article VI
article VII
article VIII
article IX
article X
article XI
article XII
article XIII
article XIV
article XV
article XVI
article XVII
article XVIII
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THE CONSTITUTION OF THE STATE OF HAWAII
As Amended and in Force January 1, 2000
ARTICLE XVI
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. [Ren Const Con 1978 and election Nov 7,
1978]
Cross References
Civil service, see chapter 76.
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. [Ren Const Con 1978 and election
Nov 7, 1978]
DISQUALIFICATIONS FROM PUBLIC OFFICE OR EMPLOYMENT
Section 3. No person shall hold any public office or
employment who has been convicted of any act to overthrow, or
attempt to overthrow, or conspiracy 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, 1968; ren and am
Const Con 1978 and election Nov 7, 1978]
OATH OF OFFICE
Section 4. All eligible public officers, before entering
upon the duties of their respective 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
best of my ability." As used in this section, "eligible public
officers" means the governor, the lieutenant governor, the
members of both houses of the legislature, the members of the
board of education, the members of the national guard, State or
county employees who possess police powers, district court
judges, and all those whose appointment requires the consent of
the senate. [Ren and am Const Con 1978 and election Nov 7, 1978;
am SB 1440 (1992) and election Nov 3, 1992]
INTERGOVERNMENTAL RELATIONS
Section 5. 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. Funds may be appropriated to effect
such cooperation. [Ren Const Con 1968 and election Nov 5, 1968;
ren and am Const Con 1978 and election Nov 7, 1978]
FEDERAL LANDS
Section 6. 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. [Ren Const Con 1968 and election Nov 5, 1968; ren
Const Con 1978 and election Nov 7, 1978]
COMPLIANCE WITH TRUST
Section 7. 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 complied with by appropriate
legislation. Such legislation shall not diminish or limit the
benefits of native Hawaiians under Section 4 of Article XII. [Ren
Const Con 1968 and election Nov 5, 1968; ren and am Const Con
1978 and election Nov 7, 1978]
ADMINISTRATION OF UNDISPOSED LANDS
Section 8. 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 the State and its people. [Am 73
Stat 4 and election June 27, 1959; ren Const Con 1968 and
election Nov 5, 1968; ren and am Const Con 1978 and election
Nov 7, 1978]
TAX EXEMPTION OF FEDERAL PROPERTY
Section 9. 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. [Ren Const Con
1968 and election Nov 5, 1968; ren and am Const Con 1978 and
election Nov 7, 1978]
HAWAII NATIONAL PARK
Section 10. 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. [Ren Const Con 1968 and election Nov 5, 1968; ren Const
Con 1978 and election Nov 7, 1978]
JUDICIAL RIGHTS
Section 11. 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 such act or resolution which preserve
judicial rights and powers for the State are hereby accepted and
adopted, and such rights and powers are hereby assumed, to be
exercised and discharged pursuant to this constitution and the
laws of the State. [Ren Const Con 1968 and election Nov 5, 1968;
ren and am Const Con 1978 and election Nov 7, 1978]
QUIETING TITLE
Section 12. No person shall be deprived of title to an
estate or interest in real property by another person claiming
actual, continuous, hostile, exclusive, open and notorious
possession of such lands, except to real property of five acres
or less. Such claim may be asserted in good faith by any person
not more than once in twenty years. [Add Const Con 1978 and
election Nov 7, 1978]
PLAIN LANGUAGE
Section 13. Insofar as practicable, all governmental
writing meant for the public, in whatever language, should be
plainly worded, avoiding the use of technical terms. [Add Const
Con 1978 and election Nov 7, 1978]
TITLES, SUBTITLES; CONSTRUCTION
Section 14. Titles and subtitles shall not be used for
purposes of construing this constitution. [Ren Const Con 1968 and
election Nov 5, 1968; ren and am Const Con 1978 and election
Nov 7, 1978]
GENERAL POWER
Section 15. 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. [Ren Const Con 1968 and election Nov 5, 1968; ren Const
Con 1978 and election Nov 7, 1978]
PROVISIONS ARE SELF-EXECUTING
Section 16. The provisions of this constitution shall be
self-executing to the fullest extent that their respective
natures permit. [Ren Const Con 1968 and election Nov 5, 1968; ren
and am Const Con 1978 and election Nov 7, 1978]
1999-2005 by William H. Lawson.
