STAND. COM. REP. NO.544-02
Honolulu, Hawaii
, 2002
RE: H.B. No. 2824
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Sir:
Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 2824 entitled:
"A BILL FOR AN ACT RELATING TO IMPEACHMENT,"
begs leave to report as follows:
The purpose of this bill is to establish an impeachment process applicable to the Governor, the Lieutenant Governor and appointive officers whose removal requires the consent of the Senate.
Common Cause Hawaii testified in support of this measure.
Your Committee finds that impeachment allows the public a fair and just method to determine whether an official thought to have breached the public trust should remain in office.
Your Committee has amended this measure by:
(1) Reiterating, in the subsection entitled "Articles of impeachment", a requirement that a resolution instituting impeachment be by a majority vote of the members of the House of Representatives;
(2) Correcting the subsection entitled "Expenses of impeachment proceedings" to refer to a provision in section -18 rather than section –12;
(3) Placing the subsection entitled "Procedures in lieu of rules" in a new Part III entitled "Governor and Lieutenant Governor; Legislative Rules";
(4) Including references to the State constitution to clarify the basis for rulemaking authority;
(5) Providing that, in cases that might occur prior to adoption of rules by the House of Representatives or by the Senate, any impeached Governor or Lieutenant Governor is not disqualified from performing official duties unless and until convicted; and
(6) Making technical, nonsubstantive amendments for clarity, conformity, and style.
As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2824, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2824, H.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,
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____________________________ ERIC G. HAMAKAWA, Chair |
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