Legislature moves court for leave to file brief in Superferry reconsideration motion

Via Senate Majority Caucus blog, the legislature has filed a motion for leave to file a brief in support of the state's motion for reconsideration in the Superferry Act 2 case. As fun would have it, the Senate Majority Caucus blog has made the motion and supporting memorandum available here.

The legislature first argues that the court relied on an overbroad interpretation of the “general law” requirement of Article XI, section 5, which "could significantly limit the Legislature’s ability to enact laws or to address specific public policy challenges as they arise"

The legislature next expresses concern about the constitutionality of “sunset” clauses and the decision's impact on the legislature's ability to use them in the future.

Third, the legislature would like the court to address the decision's impact on Act 2's severability clause, and on the effectiveness of such clauses in future legislation.

Finally, the legislature worries that "significant uncertainty may result if Art. XI, s 5 of the Hawaii State Constitution is applied to legislation that does not seek to transfer real property outside the political subdivisions and departments or agencies of the state."