STAND

STAND. COM. REP. 142

Honolulu, Hawaii

, 2003

RE: H.B. No. 1668

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Legislative Management, to which was referred H.B. No. 1668 entitled:

"A BILL FOR AN ACT PROPOSING AMENDMENTS TO THE HAWAII CONSTITUTION RELATING TO APPOINTMENTS AND REMOVALS FROM PUBLIC OFFICE,"

begs leave to report as follows:

The purpose of this bill is to propose amendments to the Constitution of the State of Hawaii to require the House of Representatives to consent to the appointment and removal of persons appointed to public office by the Governor whenever the consent of the Senate is required for that appointment or removal.

In effect, the House of Representatives, in addition to the Senate, would be required to consent to or confirm the:

(1) Removal from office upon conviction of impeachment of the Governor, Lieutenant Governor, and any appointive officer;

(2) Appointment by the Governor of executive and administrative department heads;

(3) Removal of the Chief Legal Officer of the State;

(4) Appointment by the Governor of members of boards or commissions that act as head of a principal department;

(5) Appointment by the Governor of all officers for whose election or appointment provision is not otherwise provided for by the Constitution or by law;

(6) Appointment by the Governor, if the Governor fills a vacancy when either house is not in session, to any post-interim vacancy requiring confirmation by the Senate and the House of Representatives;

(7) Appointment by the Governor to fill any vacancy in the office of the Chief Justice, Supreme Court, Intermediate Appellate Court, and Circuit Courts;

(8) Appointment by the Chief Justice to fill vacancies in the District Courts; and

(9) Appointment by the Governor of the members of the Board of Regents of the University of Hawaii.

Your Committee received testimony from two individuals supporting the concept of the bill. Your Committee wishes to encourage the Committee on Judiciary, to which this bill is being referred, to give serious consideration to amending the language in this bill to require a joint Senate and House committee to review and confirm appointments and removals in order to prevent deadlocked situations if the Senate and the House of Representatives were to vote separately.

As affirmed by the record of votes of the members of your Committee on Legislative Management that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1668 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Legislative Management,

		____________________________ MICHAEL Y. MAGAOAY, Chair