REPORT TITLE:
AG; Elected


DESCRIPTION:
Proposes an amendment to the Hawaii Constitution to provide for
an elected attorney general.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2682
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   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               "EXECUTIVE AND ADMINISTRATIVE OFFICES
 
11                          AND DEPARTMENTS
 
12      Section 6.  All executive and administrative offices,
 
13 departments and instrumentalities of the state government and
 
14 their respective powers and duties shall be allocated by law
 
15 among and within not more than twenty principal departments in
 
16 such a manner as to group the same according to common purposes
 
17 and related functions.  Temporary commissions or agencies for
 
18 special purposes may be established by law and need not be
 
19 allocated within a principal department.
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      Each principal department shall be under the supervision of
 
 2 the governor and, unless otherwise provided in this constitution
 
 3 or by law, shall be headed by a single executive.  [Such] The
 
 4 single executive shall be nominated and, by and with the advice
 
 5 and consent of the senate, appointed by the governor[.  That
 
 6 person] except as otherwise provided for in this section.
 
 7 Appointed executives shall hold office for a term to expire at
 
 8 the end of the term for which the governor was elected, unless
 
 9 sooner removed by the governor[; except that the removal of the
 
10 chief legal officer of the State shall be subject to the advice
 
11 and consent of the senate].
 
12      The attorney general, the chief legal officer of the State,
 
13 shall be elected by the qualified voters of the State at a
 
14 nonpartisan special election held in conjunction with the general
 
15 election.  The candidate receiving the highest number of votes
 
16 cast shall be deemed elected.  In the event of a tie, the
 
17 selection of the attorney general shall be as provided by law.
 
18      Except as otherwise provided in this constitution, whenever
 
19 a board, commission or other body shall be the head of a
 
20 principal department of the state government, the members thereof
 
21 shall be nominated and, by and with the advice and consent of the
 
22 senate, appointed by the governor.  The term of office and
 
23 removal of [such] members shall be as provided by law.  [Such]
 

 
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                                     H.B. NO.           
                                                        
                                                        

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

 
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                                     H.B. NO.           
                                                        
                                                        

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