HB2908.DOC

SECTION 1. Article III, section 19, of the Hawaii Constitution authorizes the removal of the governor, lieutenant governor, and any appointive officer for whose removal the consent of the senate is required. Article V, section 6, of the Hawaii Constitution authorizes the removal of the chief legal officer of the State subject to the advice and consent of the Senate. However, the Hawaii Revised Statutes are absent of any provisions for impeachment of these officers.

The purpose of this Act is to clarify by statute the process for impeaching and removing the governor, lieutenant governor, and appointive officers of the State.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

IMPEACHMENT

PART I. IMPEACHMENT GENERALLY

§ ‑1 Impeachment; causes for. (a) The governor, lieutenant governor, and any appointive officer for whose removal the consent of the senate is required shall be removed from office upon impeachment for and conviction of any of the following:

(1) Treason, bribery, or other high crimes and misdemeanors;

(2) Misfeasance, malfeasance, or nonfeasance; or

(3) Moral turpitude.

(b) Impeachment shall require a majority vote by the members of the house of representatives.

PART II. APPOINTIVE OFFICERS

§ ‑10 Appointive officers; generally. The house of representatives shall have the sole power of impeachment of appointive officers for whose removal the consent of the senate is required and the senate shall have the sole power to try such impeachments. When sitting for that purpose, the members of the senate shall be under oath or affirmation and the chief justice shall preside.

§ ‑11 Investigative committee. The house of representatives shall have the power at any time to appoint a committee to investigate charges against any appointive officer subject to impeachment.

§ ‑12 Disqualification. An appointive officer impeached by the house of representatives shall be disqualified from performing any official duties until acquitted by the senate, and the governor may fill the office by appointment until completion of the trial.

§ ‑13 Articles of impeachment. Impeachment shall be instituted in the house of representatives by resolution, passed by a majority of the members, and conducted by managers elected by the house of representatives, who shall prepare articles of impeachment, present them at the bar of the senate, and prosecute them.

§ ‑14 Impeachment hearing; service on accused. (a) The impeachment shall be heard before the senate, sitting as a court of impeachment. The senate shall assign a day for hearing the impeachment and inform the house of representatives thereof.

(b) The president of the senate shall cause a copy of the articles of impeachment, with a notice to appear and answer them at the time and place appointed, to be served on the accused not less than ten days before the day fixed for the hearing. The service shall be made by the sergeant-at-arms of the senate upon the accused personally, or, if the accused cannot upon diligent inquiry be found within the state, the senate, upon proof of such fact, may order publication of the notice to be made in a manner it deems proper.

§ ‑15 Court of impeachment; organization. Not later than ten days after the articles of impeachment have been presented to the senate, the senate shall organize as a court of impeachment and, for the purpose of conducting the proceedings of that court, may appoint a clerk, who may be the clerk of the senate. The clerk shall issue all process and keep a record of the proceedings of the court. The court shall also appoint a marshal, who shall be the sergeant-at-arms of the senate, and an assistant marshal. The senate, sitting as a court of impeachment, may also employ any legal, stenographic, clerical, and other assistance as is required and fix the compensation of the individuals providing such assistance.

§ ‑16 Witness fees; execution of process. (a) Witnesses shall receive the same compensation for travel and attendance, and the same exemptions in going, remaining, and returning, as witnesses in civil proceedings conducted in the courts.

(b) Officers executing the process and orders of the court of impeachment shall receive the fees allowed sheriffs for similar service in the courts.

§ ‑17 Absence of senator from hearing. The senate, while sitting as a court of impeachment, shall determine what accumulation of absences of a senator during the hearing shall exclude the senator from voting on the final decision.

§ ‑18 Compensation of impeachment personnel. (a) The senators composing the court of impeachment and the managers representing the house of representatives shall be paid during the impeachment trial travel expenses and allowance provided by law for members of the legislature when convened in regular session.

(b) The managers shall be allowed the same compensation for the time required in preparing the proceedings for presentation to the court of impeachment together with their actual and necessary expenses; provided that these expenses include the personal or subsistence expenses of the managers. In addition, the managers, during the preparation of the proceedings and the trial, may also employ legal, stenographic, clerical, and other assistance as is required and fix the compensation of the individuals providing such assistance.

(c) The members, officers, employees of the court of impeachment, the board of managers, and all employees of the board of managers shall be paid on verified claims approved by the presiding justice of the court of impeachment and attested by its clerk.

(d) Court reporters employed by the court of impeachment may be paid the compensation provided by law for reporting proceedings before the courts and shall also receive from the party ordering a transcript of the proceedings, the compensation provided by law for such services.

(e) In lieu of the procedures prescribed by subsection (d), the court of impeachment may provide by contract for the reporting and transcription of the proceedings.

§ ‑19 Expenses of impeachment proceedings. The expenses of impeachment proceedings, after the legislature has adjourned, shall be a charge upon the general fund of the State and shall be paid from any money in the general fund not otherwise appropriated upon verified claims, approved and attested as provided in section ‑18.

§ ‑20 Vacancy in board of managers. When a vacancy occurs in the board of managers selected by the house of representatives to try impeachment proceedings before the senate, and the house of representatives is not in session, the speaker or the presiding member, or if there is no presiding member, then the vice speaker of the house, shall appoint a member of the house to fill the vacancy.

§ ‑21 Appearance of accused; plea. (a) If the accused does not appear, the court of impeachment, upon proof of service or publication and upon motion or for cause shown, may assign another day for hearing the impeachment proceedings or may proceed to trial and judgment in the absence of the accused.

(b) The accused may object, in writing, to the sufficiency of the articles of impeachment, or the accused may answer them by an oral plea of not guilty. The plea of not guilty shall be entered upon the journal and shall place in issue every material allegation of the articles of impeachment.

(c) If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the court of impeachment who heard the argument, the accused shall be ordered to answer the articles of impeachment. If the accused then pleads guilty or refuses to plead, the court of impeachment shall render judgment of conviction against the accused. If the accused pleads not guilty, the court of impeachment shall try the impeachment at the time it appoints.

§ ‑22 Judgment. If the accused is convicted, the court of impeachment, at the appointed time, shall pronounce judgment by resolution entered upon the journals of the court, which shall be the judgment of the senate. The judgment of conviction may provide that the accused be removed from office or that the accused be removed from office and disqualified to hold any office of honor, trust, or profit under the constitution and laws of the State.

PART III. GOVERNOR AND LIEUTENANT GOVERNOR;

LEGISLATIVE RULES; SUCCESSION

§ ‑31 Procedures in lieu of rules. In the case of the governor and the lieutenant governor, until the house of representatives adopts rules for impeachment proceedings and the senate adopts rules for trial proceedings, pursuant to article III, section 19, of the Hawaii Constitution, the house of representatives and the senate may apply the procedures of part II to those proceedings.

§ -32 Succession. (a) In the event of the impeachment of the governor, the powers and duties of the office of governor shall devolve upon the lieutenant governor.

(b) In the event of the impeachment of the lieutenant governor, the powers and duties of the office of lieutenant governor shall devolve pursuant to section 26-2.

(c) No officer shall act as governor or lieutenant governor under this section if the officer is under impeachment at the time the powers and duties of the office of governor or lieutenant governor devolve upon the officer."

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2908
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII