Report Title:
Executive Department Directors; Advice and Consent; Boards and Commissions
Description:
Authorizes the senate, in its discretion, to limit to a provisional or temporary appointment, the advice and consent of the nomination of any executive of a principal department or the chairpersons of the board of agriculture, board of land and natural resources, or Hawaiian homes commission.
|
THE SENATE |
S.B. NO. |
2572 |
|
TWENTY-FOURTH LEGISLATURE, 2008 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO advice and consent.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 26-31, Hawaii Revised Statutes, is amended to read as follows:
"§26-31 Selection and terms of single
executives as heads of departments. Except as otherwise provided by the
Constitution of the State or by this chapter, each principal department shall
be headed by a single executive, who shall be nominated and, by and with the
advice and consent of the senate, appointed by the governor[,]; provided
that the senate, in its discretion, may limit the advice and consent to a
provisional or temporary appointment. Except as otherwise provided by this
section, the appointment shall be for a term to expire at the end of the
term for which the governor was elected. A vacancy occurring during a term
shall be filled for the unexpired balance of the term, subject to the
provisions of Article V, section 6 of the Constitution of the State. The
governor may remove a single executive from office at any time, except that the
removal of the attorney general shall be subject to the advice and consent of
the senate."
SECTION 2. Section 26-34, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The members of each board and commission
established by law shall be nominated and, by and with the advice and consent
of the senate, appointed by the governor[.]; provided that the
senate, in its discretion, may limit the advice and consent to a provisional or
temporary period for the chairpersons of the board of agriculture, the board of
land and natural resources, and the Hawaiian homes commission. Unless
otherwise provided by this chapter or by law hereafter enacted, the terms of
the members shall be for four years; provided that the governor may reduce the
terms of those initially appointed so as to provide, as nearly as can be, for
the expiration of an equal number of terms at intervals of one year for each
board and commission. Unless otherwise provided by law, each term shall commence
on July 1 and expire on June 30, except that the terms of the
chairpersons of the board of agriculture, the board of land and natural
resources, and the Hawaiian homes commission shall commence on January 1
and expire on December 31. No person shall be appointed consecutively to
more than two terms as a member of the same board or commission; provided that
membership on any board or commission shall not exceed eight consecutive
years."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon approval of an amendment to article 5, section 6, of the Constitution of the State of Hawaii, that provides the Hawaii state senate with the authority to provide provisional or temporary advice and consent to gubernatorial nominations of principal department heads.
|
INTRODUCED BY: |
_____________________________ |
|
|
|