Elected Attorney General

Proposes amendment to article V, section 6, of the state
constitution to provide that the attorney general be elected
rather than appointed by the governor.

THE SENATE                              S.B. NO.           565
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                     A BILL FOR AN ACT



 1      SECTION 1.  The purpose of this Act is to propose an
 2 amendment to article V, section 6, of the Constitution of the
 3 State of Hawaii to provide that the attorney general be elected
 4 by vote of the general public rather than appointed by the
 5 governor.
 6      SECTION 2.  Article V, section 6, of the Constitution of the
 7 State of Hawaii is amended to read as follows:
 9                      OFFICES AND DEPARTMENTS
10      Section 6.  All executive and administrative offices,
11 departments and instrumentalities of the state government and
12 their respective powers and duties shall be allocated by law
13 among and within not more than twenty principal departments in
14 such a manner as to group the same according to common purposes
15 and related functions.  Temporary commissions or agencies for
16 special purposes may be established by law and need not be
17 allocated within a principal department.
18      Each principal department shall be under the supervision of

Page 2                                                     
                                     S.B. NO.           565

 1 the governor and, unless otherwise provided in this constitution
 2 or by law, shall be headed by a single executive.  [Such] The
 3 single executive shall be nominated and, by and with the advice
 4 and consent of the senate, appointed by the governor[.  That
 5 person] except as otherwise provided for in this section.
 6 Appointed executives shall hold office for a term to expire at
 7 the end of the term for which the governor was elected, unless
 8 sooner removed by the governor[; except that the removal of the
 9 chief legal officer of the State shall be subject to the advice
10 and consent of the senate].  The attorney general, the chief
11 legal officer of the State, shall be elected by the qualified
12 voters of the State at a general election to a term of four
13 years.  The person receiving the highest number of votes shall be
14 the attorney general.  In case of a tie, the selection of the
15 attorney general shall be as provided by law.
16      Except as otherwise provided in this constitution, whenever
17 a board, commission or other body shall be the head of a
18 principal department of the state government, the members thereof
19 shall be nominated and, by and with the advice and consent of the
20 senate, appointed by the governor.  The term of office and
21 removal of such members shall be as provided by law.  [Such] The
22 board, commission or other body may appoint a principal executive
23 officer who, when authorized by law, may be an ex officio, voting

Page 3                                                     
                                     S.B. NO.           565

 1 member thereof, and who may be removed by a majority vote of the
 2 members appointed by the governor.
 3      The governor shall nominate and, by and with the advice and
 4 consent of the senate, appoint all officers for whose election or
 5 appointment provision is not otherwise provided for by this
 6 constitution or by law.  If the manner or removal of an officer
 7 is not prescribed in this constitution, removal shall be as
 8 provided by law.
 9      When the senate is not in session and a vacancy occurs in
10 any office, appointment to which requires the confirmation of the
11 senate, the governor may fill the office by granting a commission
12 which shall expire, unless [such] the appointment is confirmed,
13 at the end of the next session of the senate.  The person so
14 appointed shall not be eligible for another interim appointment
15 to [such] the office if the appointment failed to be confirmed by
16 the senate.
17      No person who has been nominated for appointment to any
18 office and whose appointment has not received the consent of the
19 senate shall be eligible to an interim appointment thereafter to
20 [such] the office.
21      Every officer appointed under [the provisions of] this
22 section shall be a citizen of the United States and shall have
23 been a resident of this State for at least one year immediately

Page 4                                                     
                                     S.B. NO.           565

 1 preceding that person's appointment, except that this residency
 2 requirement shall not apply to the president of the University of
 3 Hawaii."
 4      SECTION 3.  The question to be printed on the ballot shall
 5 be as follows:
 6      "Shall the attorney general, the chief legal officer of the
 7      State of Hawaii, be elected by vote of the general public
 8      instead of being appointed by the governor?"
 9      SECTION 4.  Constitutional material to be repealed is
10 bracketed.  New constitutional material is underscored.
11      SECTION 5.  This amendment shall take effect upon compliance
12 with article XVII, section 3, of the Constitution of the State of
13 Hawaii.
15                           INTRODUCED BY:  _______________________