THE CONSTITUTION OF THE STATE OF HAWAII
ARTICLE VIII - LOCAL GOVERNMENT
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 VIII
LOCAL GOVERNMENT
CREATION; POWERS OF POLITICAL SUBDIVISIONS
Section 1. The legislature shall create counties, and may
create other political subdivisions within the State, and provide
for the government thereof. Each political subdivision shall
have and exercise such powers as shall be conferred under general
laws. [Ren and am Const Con 1978 and election Nov 7, 1978
LOCAL SELF-GOVERNMENT; CHARTER
Section 2. Each political subdivision shall have the power
to frame and adopt a charter for its own self-government within
such limits and under such procedures as may be provided by
general law. Such procedures, however, shall not require the
approval of a charter by a legislative body
Charter provisions with respect to a political subdivision's
executive, legislative and administrative structure and
organization shall be superior to statutory provisions, subject
to the authority of the legislature to enact general laws
allocating and reallocating powers and functions
A law may qualify as a general law even though it is
inapplicable to one or more counties by reason of the provisions
of this section. [Am Const Con 1968 and election Nov 5, 1968; ren
and am Const Con 1978 and election Nov 7, 1978
TAXATION AND FINANCE
Section 3. The taxing power shall be reserved to the State,
except so much thereof as may be delegated by the legislature to
the political subdivisions, and except that all functions, powers
and duties relating to the taxation of real property shall be
exercised exclusively by the counties, with the exception of the
county of Kalawao. The legislature shall have the power to
apportion state revenues among the several political
subdivisions. [Ren and am Const Con 1978 and election Nov 7,
1978]
MANDATES; ACCRUED CLAIMS
Section 4. No law shall be passed mandating any political
subdivision to pay any previously accrued claim. [Ren Const Con
1978 and election Nov 7, 1978
TRANSFER OF MANDATED PROGRAMS
Section 5. If any new program or increase in the level of
service under an existing program shall be mandated to any of the
political subdivisions by the legislature, it shall provide that
the State share in the cost. [Add Const Con 1978 and election
Nov 7, 1978
STATEWIDE LAWS
Section 6. This article shall not limit the power of the
legislature to enact laws of statewide concern. [Ren and am Const
Con 1978 and election Nov 7, 1978]
