Let’s talk law-making for a moment.
If you could pass any new law at the county level, what would that be?
Seriously: All four Hawai‘i counties have in its harter, a citizen’s right to initiative and referendum.
This means citizens can gather signatures and propose new laws or charter amendments. These proposals would then be placed on the ballot and voted on by residents of the county.
If a majority vote yes, then voila! The new law is passed (whether the mayor or the council like it or not).
The requirements (required number of signatures from registered voters, etc) for citizen legislators can be found within the county charter itself, a copy of which can be found on the county’s official website or go to rb.gy/oaz7uj and see page 42.
There are limits as to the scope and nature of proposed ordinances or charter amendments. State and federally regulated areas of law are of course off limits.
In general proposed county initiatives may not impact the county’s budget, taxes, salaries, or collective bargaining contracts. In addition the courts have basically ruled existing private property rights may not be taken away. New up-zoning conditions may be proposed and passed, but properties may not be downzoned and existing rights to build utilizing existing zoning may not be taken away.
My hope is to get the “hive mind” fully engaged in this discussion and develop some truly innovative, systemic, change-maker ideas. Please let me know your thoughts (short and succinct please) at GaryLHooser@gmail.com and I’ll share them here in a future column.
To get the creative juices flowing below are four ideas for discussion. Before anyone gets their knickers in a twist, please remember these are only rough ideas intended to generate more ideas and ultimately a thorough legal vetting of a proposal (or proposals).
Neither the county council nor any board or commission, nor related staff charged with making recommendations, may make any decision, determination or formal recommendation on any matter before them unless and until each attests in writing to reading and reviewing all public testimony submitted prior to the stated official deadline. No member may vote on any matter upon which they have not read and reviewed the public testimony.
The processing of all county permits necessary for the construction of affordable housing (insert definition) shall take precedence over all others except those needed to protect the public’s health and safety.
No herbicide, fungicide, algicide or pesticide, that has been determined in a court of law to cause or significantly contribute to causing cancer or any life threatening illness may not be used on any county owned property.
No new resort or new commercial zoning shall be granted except to those that also provide in their proposals a sufficient amount of permanently affordable housing (insert definition) necessary for the amount of employees the resort or commercial enterprise will need to operate.
At the end of the day, the devil is in the details and to be successful a proposal must first resonate with enough people to gather the sufficient signatures, and then gain 50 percent plus one votes on election day.
While each county has slightly different requirements, for Kaua‘i County to put a new ordinance change on the ballot requires about 10,000 signatures, and to propose a charter amendment approximately 3,000 is the magic number.
Important: The potential to create systemic change using this tool is huge, but the work needed to make it happen is also significant. Anyone serious about utilizing the initiative and referendum process will need to put together a team, pay close attention to the rules and requirements, and seek legal advice.
Now, go for it!
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Gary Hooser served eight years in the state Senate, where he was majority leader. He also served for eight years on the Kaua‘i County Counci. He presently writes on Hawaii Policy and Politics at www.garyhooser.blog.
“Now, go for it!”
So what, Gary…we don’t have enough laws already? I guess for progressives like you there can never be too many usurpations of our fundamental rights and individual freedom. After all, if you would like to target any individual or group with all the laws in place it’s not hard to find one that fits the bill. Or as Stalin’s chief of secret police, Lavrentiy Pavlovich Beria said: “bring me the man and I’ll find you the crime”. So rest assured, Gary, you’re in good company.
My vote would be to eliminate as many freedom/liberty trashing laws as possible. (and don’t give us the usual lame trope…so you would legalize theft and murder, etc.)
RSW
You mean like laws passed by men outlawing abortion in Red states? You would trash those as they abridge the freedom of women to choose, correct?
So your contention is that an unborn child has no property rights in itself? Now that’s an enlightened position. Unless you make the leap that the unborn child is an invader of the woman’s property (her body).
Arguments like yours are fundamentally irrational,
RSW
Hi Gary. I always appreciate your insights, however there is one area where I disagree. That is housing. I think it is well documented that if you build more housing now, you will have to build even more housing later. More people aren’t needed. When do we stop? When the roads are so crowded that we can’t go anywhere. The infrastructure on this island isn’t built for more people. I think that it is time to rethink this idea of more housing.
please address farmworker housing!!! allow some ADU’s on AG zoned lands!! Allow ADU’s if the AG zoned land is actually farming and has all the infrastructure in place.
Gail…isn’t it a sad state of affairs that we are relegated to begging at the feet of politicians and bureaucrats in order to use OUR OWN property as we see fit and proper? In a truly free society the entire housing issue would not exist.
RSW
School breakfast and lunch for a dollar…
Dear everyone liveing on Kauai pease dont hate me for those who need houseing no matter what part of the word. they are from.