Report Title:

Constitutional Amendment; Impeachment

Description:

Amends the Constitution to provide specific causes for impeachment of the governor, lieutenant governor, and the attorney general.

HOUSE OF REPRESENTATIVES

H.B. NO.

2825

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

PROPOSING AN AMENDMENT TO ARTICLE iii, section 19, of the hawaii constitution, to provide causes for the impeachment of the governor, lieutenant governor, and certain appointive officers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to propose an amendment to article III, section 19, of the Constitution of the State of Hawaii to provide causes for the removal of the governor, lieutenant governor and the attorney general. Currently, the constitution requires that the legislature decide the grounds on which these persons can be impeached. This Act will allow the public to decide the grounds for impeachment and incorporate them into the constitution.

SECTION 2. Article 3, section 19, of the Constitution of the State of Hawaii is amended to read as follows:

"IMPEACHMENT

Section 19. The governor and lieutenant governor, and any appointive officer for whose removal the consent of the senate is required, may be removed from office upon conviction of impeachment for [such causes as may be provided by law.] treason, bribery or other high crimes and misdemeanors.

The house of representatives shall have the sole power of impeachment of the governor and lieutenant governor and the senate the sole power to try such impeachments, and no such officer shall be convicted without the concurrence of two-thirds of the members of the senate. When sitting for that purpose, the members of the senate shall be on oath or affirmation and the chief justice shall preside. Subject to the provisions of this paragraph, the legislature may provide for the manner and procedure of removal by impeachment of such officers.

The legislature shall by law provide for the manner and procedure of removal by impeachment of the appointive officers.

Judgments in cases of impeachment shall not extend beyond removal from office and disqualification to hold and enjoy any office of honor, trust or profit under the State; but the person convicted may nevertheless be liable and subject to indictment, trial, judgment and punishment as provided by law."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall the grounds for removal from office of the governor, lieutenant governor and appointive officers for whose removal the consent of the senate is required be treason, bribery and other high crimes and misdemeanors?"

SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:

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