Report Title:
Executive Department Directors; Advice and Consent
Description:
Amends the constitution to authorize the senate, in its discretion, to limit the advice and consent of the nomination of any executive or chairperson of a principal department to a provisional or temporary appointment.
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THE SENATE |
S.B. NO. |
2573 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
proposing an amendment to article v, section 6, of the hawaii constitution to authorize the senate to limit its advice and consent of the nomination of any executive or chairperson of a principal department to a provisional or temporary appointment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Article 5, section 6, of the Constitution of the State of Hawaii is amended to read as follows:
"EXECUTIVE AND ADMINISTRATIVE OFFICES
AND DEPARTMENTS
Section 6. All executive and
administrative offices, departments and instrumentalities of the state
government and their respective powers and duties shall be allocated by law
among and within not more than twenty principal departments in [such] a
manner as to group the same according to common purposes and related
functions. Temporary commissions or agencies for special purposes may be established
by law and need not be allocated within a principal department.
Each principal department shall be under the
supervision of the governor and, unless otherwise provided in this constitution
or by law, shall be headed by a single executive. [Such] A
single executive shall be nominated and, by and with the advice and consent of
the senate, appointed by the governor[. That]; provided that the
senate, in its discretion, may limit its advice and consent to a provisional or
temporary appointment. Except in the case of a provisional or temporary advice
and consent by the senate, the person shall hold office for a term to
expire at the end of the term for which the governor was elected, unless sooner
removed by the governor; except that the removal of the chief legal officer of
the State shall be subject to the advice and consent of the senate.
Except as otherwise provided in this
constitution, whenever a board, commission or other body shall be the head of a
principal department of the state government, the members thereof shall be
nominated and, by and with the advice and consent of the senate, appointed by
the governor[.]; provided that, for nominations of chairpersons of
these principal departments, the senate, in its discretion, may limit its
advice and consent to a temporary or provisional appointment. The term of
office and removal of [such] members shall be as provided by law. [Such]
A board, commission or other body may appoint a principal executive
officer who, when authorized by law, may be an ex officio, voting member
thereof, and who may be removed by a majority vote of the members appointed by
the governor.
The governor shall nominate and, by and with the advice and consent of the senate, appoint all officers for whose election or appointment provision is not otherwise provided for by this constitution or by law. If the manner or removal of an officer is not prescribed in this constitution, removal shall be as provided by law.
When the senate is not in session and a vacancy
occurs in any office, appointment to which requires the confirmation of the
senate, the governor may fill the office by granting a commission which shall
expire, unless [such] the appointment is confirmed, at the end of
the next session of the senate. The person so appointed shall not be eligible
for another interim appointment to [such] the office if the
appointment failed to be confirmed by the senate.
No person who has been nominated for
appointment to any office and whose appointment has not received the consent of
the senate shall be eligible to an interim appointment thereafter to [such]
the office.
Every officer appointed under [the
provisions of] this section shall be a citizen of the United States and
shall have been a resident of this State for at least one year immediately
preceding that person's appointment, except that this residency requirement
shall not apply to the president of the University of Hawaii."
SECTION 2. The question to be printed on the ballot shall be as follows:
"Shall the Senate have the authority, in its discretion, to limit its confirmation, by advice and consent, of the nomination of any executive or chairperson of a principal department to a provisional or temporary appointment?"
SECTION 3. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.
SECTION 4. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.
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INTRODUCED BY: |
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