Proposes amendments to the state constitution to abolish the office of the lieutenant governor on 12/31/02, and provide for the president of the senate to succeed as governor when the governor's office is vacant.

A BILL FOR AN ACT

SECTION 2. Article III, section 19, of the Constitution of the State of Hawaii is amended to read as follows:

"IMPEACHMENT

Section 19. The governor [and lieutenant governor,] and any appointive officer for whose removal the consent of the senate is required, may be removed from office upon conviction of impeachment for such causes as may be provided by law.

The legislature shall by law provide for the manner and procedure of removal by impeachment of the appointive officers.

Judgments in cases of impeachment shall not extend beyond removal from office and disqualification to hold and enjoy any office of honor, trust or profit under the State; but the person convicted may nevertheless be liable and subject to indictment, trial, judgment and punishment as provided by law."

SECTION 3. Article V, section 3, of the Constitution of the State of Hawaii is amended to read as follows:

SECTION 4. Article V, section 4, of the Constitution of the State of Hawaii is amended to read as follows:

Section 4. When the office of governor is vacant, the [lieutenant governor] president of the senate shall become governor. In the event of the absence of the governor from the State, or the governor's inability to exercise and discharge the powers and duties of the governor's office, such powers and duties shall devolve upon the [lieutenant governor] president of the senate during such absence or disability.

[When the office of lieutenant governor is vacant, or in the event of the absence of the lieutenant governor from the State, or the lieutenant governor's inability to exercise and discharge the powers and duties of the lieutenant governor's office, such powers and duties shall devolve upon such officers in such order of succession as may be provided by law.]

In the event of the impeachment of the governor [or of the lieutenant governor], the governor [or the lieutenant governor] shall not exercise the powers of the [applicable] office until acquitted."

SECTION 5. Article XVI, section 4, of the Constitution of the State of Hawaii is amended to read as follows:

SECTION 6. Article XVII, section 2, of the Constitution of the State of Hawaii is amended to read as follows:

If a majority of the ballots cast upon such a question be in the affirmative, delegates to the convention shall be chosen at the next regular election unless the legislature shall provide for the election of delegates at a special election.

Notwithstanding any provision in this constitution to the contrary, other than Section 3 of Article XVI, any qualified voter of the district concerned shall be eligible to membership in the convention.

The legislature shall provide for the number of delegates to the convention, the areas from which they shall be elected and the manner in which the convention shall convene. The legislature shall also provide for the necessary facilities and equipment for the convention. The convention shall have the same powers and privileges, as nearly as practicable, as provided for the convention of 1978.

The constitutional convention shall convene not less than five months prior to the next regularly scheduled general election.

The convention shall determine its own organization and rules of procedure. It shall be the sole judge of the elections, returns and qualifications of its members and, by a two-thirds vote, may suspend or remove any member for cause. The governor shall fill any vacancy by appointment of a qualified voter from the district concerned.

The convention shall provide for the time and manner in which the proposed constitutional revision or amendments shall be submitted to a vote of the electorate; provided that each amendment shall be submitted in the form of a question embracing but one subject; and provided further, that each question shall have designated spaces to mark YES or NO on the amendment.

At least thirty days prior to the submission of any proposed revision or amendments, the convention shall make available for public inspection, a full text of the proposed amendments. Every public library, office of the clerk of each county, and the chief election officer shall be provided such texts and shall make them available for public inspection. The full text of any proposed revision or amendments shall also be made available for inspection at every polling place on the day of the election at which such revision or amendments are submitted.

The convention shall, as provided by law, be responsible for a program of voter education concerning each proposed revision or amendment to be submitted to the electorate.

The revision or amendments shall be effective only if approved at a general election by a majority of all the votes tallied upon the question, this majority constituting at least fifty per cent of the total vote cast at the election, or at a special election by a majority of all the votes tallied upon the question, this majority constituting at least thirty per cent of the total number of registered voters.

The provisions of this section shall be self-executing, but the legislature shall make the necessary appropriations and may enact legislation to facilitate their operation."

SECTION 7. Article V, section 2, of the Constitution of the State of Hawaii is repealed.

SECTION 8. Article XVIII, section 4, of the Constitution of the State of Hawaii is repealed:

SECTION 9. The question to be printed on the ballot shall be as follows:

SECTION 10. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 11. This amendment, upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii, shall take effect on December 31, 2002.