REPORT TITLE:
Elected Attorney General


DESCRIPTION:
Proposes amendments to the state constitution to provide that the
attorney general be elected rather than appointed by the
governor.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2518
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

PROPOSING AMENDMENTS TO 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 amendments
 
 2 to the Constitution of the State of Hawaii to provide that the
 
 3 attorney general be elected by vote of the general public rather
 
 4 than appointed by the governor.  The legislature finds and
 
 5 determines that the attorney general is the chief legal advisor
 
 6 controlling almost all of the State's agencies.  The attorney
 
 7 general must provide non-biased legal advice to the governor,
 
 8 requesting agencies, and the legislature, and should not be an
 
 9 advocate for any particular political position.  However, the
 
10 influence of the attorney general can be exercised through the
 
11 issuance or non-issuance of legal opinions and advice in a manner
 
12 that could result in inefficiency of government operations and
 
13 promote a particular policy with political ramifications.  Under
 
14 the current system, this authority is effectively accountable to
 
15 the executive office.  The purpose of this Act is to propose
 
16 amendments to the Constitution of the State of Hawaii to make the
 
17 attorney general an elected position for a four year term.
 
18 Furthermore, to ensure that the influence of the political
 
19 process is mitigated, the election or reelection of the attorney
 
20 general shall be a nonpartisan position conducted in the years in
 

 
Page 2                                                     
                                     S.B. NO.           2518
                                                        
                                                        

 
 1 which the executive office is not elected. 
 
 2      SECTION 2.  The Constitution of the State of Hawaii is
 
 3 amended by adding a new section to article V to read as follows:
 
 4                         Attorney General
 
 5      Section 7.  Commencing with the November 2004 general
 
 6 election, the attorney general shall be elected by the qualified
 
 7 voters of this State at a general election.  The attorney general
 
 8 shall be a nonpartisan position.  The person receiving the
 
 9 highest number of votes shall be the attorney general.  In the
 
10 case of a tie vote, the selection of the attorney general shall
 
11 be determined as provided by law.  The term of office of the
 
12 attorney general shall begin at noon on the first Monday in
 
13 December next following the attorney general's election and end
 
14 at noon on the first Monday in December, four years thereafter.
 
15 No person shall be elected as attorney general for more than two
 
16 consecutive terms.  No person shall be eligible as attorney
 
17 general unless the person shall be a qualified voter, be an
 
18 attorney licensed to practice law in this State, have attained
 
19 the age of thirty years, and have been a resident of this State
 
20 for two years immediately preceding the person's election."
 
21      SECTION 3.  Article III, section 19, of the Constitution of
 
22 the State of Hawaii is amended to read as follows:
 

 
 
 
Page 3                                                     
                                     S.B. NO.           2518
                                                        
                                                        

 
 1                           "IMPEACHMENT
 
 2      Section 19.  The governor [and], lieutenant governor[,] and
 
 3 attorney general, and any appointive officer for whose removal
 
 4 the consent of the senate is required, may be removed from office
 
 5 upon conviction of impeachment for such causes as may be provided
 
 6 by law.
 
 7      The house of representatives shall have the sole power of
 
 8 impeachment of the governor [and], lieutenant governor[,] and
 
 9 attorney general and the senate the sole power to try such
 
10 impeachments, and no such officer shall be convicted without the
 
11 concurrence of two-thirds of the members of the senate.  When
 
12 sitting for that purpose, the members of the senate shall be on
 
13 oath or affirmation and the chief justice shall preside.  Subject
 
14 to the provisions of this paragraph, the legislature may provide
 
15 for the manner and procedure of removal by impeachment of such
 
16 officers.
 
17      The legislature shall by law provide for the manner and
 
18 procedure of removal by impeachment of the appointive officers.
 
19      Judgments in cases of impeachment shall not extend beyond
 
20 removal from office and disqualification to hold and enjoy any
 
21 office of honor, trust or profit under the State; but the person
 
22 convicted may nevertheless be liable and subject to indictment,
 
23 trial, judgment and punishment as provided by law."
 

 
Page 4                                                     
                                     S.B. NO.           2518
                                                        
                                                        

 
 1      SECTION 4.  Article V, section 6, of the Constitution of the
 
 2 State of Hawaii is amended to read as follows:
 
 3               "EXECUTIVE AND ADMINISTRATIVE OFFICES
 
 4                          AND DEPARTMENTS
 
 5      Section 6.  All executive and administrative offices,
 
 6 departments and instrumentalities of the state government and
 
 7 their respective powers and duties shall be allocated by law
 
 8 among and within not more than twenty principal departments in
 
 9 such a manner as to group the same according to common purposes
 
10 and related functions.  Temporary commissions or agencies for
 
11 special purposes may be established by law and need not be
 
12 allocated within a principal department.
 
13      Each principal department shall be under the supervision of
 
14 the governor and, unless otherwise provided in this constitution
 
15 or by law, shall be headed by a single executive.  [Such] The
 
16 single executive shall be nominated and, by and with the advice
 
17 and consent of the senate, appointed by the governor[.  That
 
18 person] except as otherwise provided for in this article.
 
19 Appointed executives shall hold office for a term to expire at
 
20 the end of the term for which the governor was elected, unless
 
21 sooner removed by the governor[; except that the removal of the
 
22 chief legal officer of the State shall be subject to the advice
 
23 and consent of the senate].
 

 
Page 5                                                     
                                     S.B. NO.           2518
                                                        
                                                        

 
 1      Except as otherwise provided in this constitution, whenever
 
 2 a board, commission or other body shall be the head of a
 
 3 principal department of the state government, the members thereof
 
 4 shall be nominated and, by and with the advice and consent of the
 
 5 senate, appointed by the governor.  The term of office and
 
 6 removal of such members shall be as provided by law.  [Such] The
 
 7 board, commission or other body may appoint a principal executive
 
 8 officer who, when authorized by law, may be an ex officio, voting
 
 9 member thereof, and who may be removed by a majority vote of the
 
10 members appointed by the governor.
 
11      The governor shall nominate and, by and with the advice and
 
12 consent of the senate, appoint all officers for whose election or
 
13 appointment provision is not otherwise provided for by this
 
14 constitution or by law.  If the manner or removal of an officer
 
15 is not prescribed in this constitution, removal shall be as
 
16 provided by law.
 
17      When the senate is not in session and a vacancy occurs in
 
18 any office, appointment to which requires the confirmation of the
 
19 senate, the governor may fill the office by granting a commission
 
20 which shall expire, unless such appointment is confirmed, at the
 
21 end of the next session of the senate.  The person so appointed
 
22 shall not be eligible for another interim appointment to [such]
 
23 the office if the appointment failed to be confirmed by the
 
24 senate.
 

 
Page 6                                                     
                                     S.B. NO.           2518
                                                        
                                                        

 
 1      No person who has been nominated for appointment to any
 
 2 office and whose appointment has not received the consent of the
 
 3 senate shall be eligible to an interim appointment thereafter to
 
 4 such office.
 
 5      Every officer appointed under [the provisions of] this
 
 6 section shall be a citizen of the United States and shall have
 
 7 been a resident of this State for at least one year immediately
 
 8 preceding that person's appointment, except that this residency
 
 9 requirement shall not apply to the president of the University of
 
10 Hawaii."
 
11      SECTION 5.  The question to be printed on the ballot shall
 
12 be as follows:
 
13      "Shall the attorney general, the chief legal officer of the
 
14      State of Hawaii, be elected in a nonpartisan election by
 
15      vote of the general public, the first election to take place
 
16      in the election of 2004?"
 
17      SECTION 6. Constitutional material to be repealed is
 
18 bracketed.  New constitutional material is underscored. 
 
19      SECTION 7. This amendment shall take effect upon compliance
 
20 with article XVII, section 3, of the Constitution of the State of
 
21 Hawaii. 
 
22 
 
23                       INTRODUCED BY:  ___________________________