REPORT TITLE:
Elective A.G.-Const.Amend.


DESCRIPTION:
Amends article V of the Hawaii Constitution to provide for the
election of the attorney general at a nonpartisan general
election. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            1324        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

PROPOSING AN AMENDMENT TO ARTICLE V OF THE HAWAII CONSTITUTION TO
   PROVIDE FOR THE ELECTION OF THE ATTORNEY GENERAL.
 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1. The purpose of this Act is to propose an
 
 2 amendment to Article V, Section 6, of the Constitution of the
 
 3 State of Hawaii to provide that the attorney general be elected
 
 4 to office at a nonpartisan special election.  Presently, the
 
 5 attorney general is nominated and, by and with the advice and
 
 6 consent of the senate, appointed by the governor under Article V,
 
 7 section 6, of the Constitution of the State of Hawaii.
 
 8      SECTION 2.  Article V, section 6, of the Constitution of the
 
 9 State of Hawaii is amended to read as follows:
 
10 
 
11               "EXECUTIVE AND ADMINISTRATIVE OFFICES
 
12                          AND DEPARTMENTS
 
13 
 
14      Section 6.  All executive and administrative offices,
 
15 departments and instrumentalities of the state government and
 
16 their respective powers and duties shall be allocated by law
 
17 among and within not more than twenty principal departments in
 
18 such a manner as to group the same according to common purposes
 
19 and related functions.  Temporary commissions or agencies for
 

 
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 1 special purposes may be established by law and need not be
 
 2 allocated within a principal department.
 
 3      Each principal department shall be under the supervision of 
 
 4 the governor and, unless otherwise provided in this constitution
 
 5 or by law, shall be headed by a single executive. [Such] The
 
 6 single executive shall be nominated and, by and with the advice
 
 7 and consent of the senate, appointed by the governor[.  That
 
 8 person] except as otherwise provided for in this section.
 
 9 Appointed executives shall hold office for a term to expire at
 
10 the end of the term for which the governor was elected, unless
 
11 sooner removed by the governor[; except that the removal of the
 
12 chief legal officer of the State shall be subject to the advice
 
13 and consent of the senate].
 
14      The attorney general, the chief legal officer of the State,
 
15 shall be elected by the qualified voters of the State at a
 
16 nonpartisan general election.  The candidate receiving the
 
17 highest number of votes cast shall be deemed elected.  In the
 
18 event of a tie, the selection of the attorney general shall be as
 
19 provided by law.
 
20      Except as otherwise provided in this constitution, whenever
 
21 a board, commission or other body shall be the head of a
 
22 principal department of the state government, the members thereof
 
23 shall be nominated and, by and with the advice and consent of the
 

 
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 1 senate, appointed by the governor.  The term of office and
 
 2 removal of [such] members shall be as provided by law.  [Such]
 
 3 The board, commission or other body may appoint a principal
 
 4 executive officer who, when authorized by law, may be an ex
 
 5 officio, voting member thereof, and who may be removed by a
 
 6 majority vote of the members appointed by the governor.
 
 7      The governor shall nominate and, by and with the advice and
 
 8 consent of the senate, appoint all officers for whose election or
 
 9 appointment provision is not otherwise provided for by this
 
10 constitution or by law.  If the manner or removal of an officer
 
11 is not prescribed in this constitution, removal shall be as
 
12 provided by law.
 
13      When the senate is not in session and a vacancy occurs in
 
14 any office, appointment to which requires the confirmation of the
 
15 senate, the governor may fill the office by granting a commission
 
16 which shall expire, unless [such] the appointment is confirmed,
 
17 at the end of the next session of the senate.  The person so
 
18 appointed shall not be eligible for another interim appointment
 
19 to [such] that office if the appointment failed to be confirmed
 
20 by the senate.
 
21      No person who has been nominated for appointment to any
 
22 office and whose appointment has not received the consent of the
 
23 senate shall be eligible to an interim appointment thereafter to
 

 
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 1 such office.
 
 2      Every officer appointed under [the provisions of] this
 
 3 section shall be a citizen of the United States and shall have
 
 4 been a resident of this State for at least one year immediately
 
 5 preceding that person's appointment, except that this residency
 
 6 requirement shall not apply to the president of the University of
 
 7 Hawaii."
 
 8      SECTION 3.  The question to be printed on the ballot shall
 
 9 be as follows:
 
10      "Shall the attorney general, the chief legal officer of the
 
11 State of Hawaii, be elected in a nonpartisan general election by
 
12 vote of the general public instead of being appointed by the
 
13 governor?"
 
14      SECTION 4.  Constitutional material to be repealed is
 
15 bracketed.  New constitutional material is underscored.
 
16      SECTION 5.  This amendment shall take effect upon compliance
 
17 with article XVII, section 3, of the Constitution of the State of
 
18 Hawaii.
 
19 
 
20                           INTRODUCED BY:  _______________________
 
21 
 
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