Report Title:

Succession

Description:

Proposes an amendment to Article v, Section 4, of the Hawaii state constitution, changing the succession laws to the office of governor and lieutenant governor to be consistent with federal succession laws for the office of president and vice-president.

HOUSE OF REPRESENTATIVES

H.B. NO.

1705

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

proposing an amendment to article v, section 4, of the hawaii state constitution, to change the succession laws to the office of governor and lieutenant governor.

 

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 V, section 4, of the Constitution of the State of Hawaii to alter the succession to the offices of the governor and lieutenant governor in a manner consistent with the federal succession laws.

SECTION 2. Article V, section 4, of the Constitution of the State of Hawaii is amended to read as follows:

"SUCCESSION TO GOVERNORSHIP; ABSENCE OR

DISABILITY OF GOVERNOR

Section 4. When the office of governor is vacant, the lieutenant governor shall become governor. In the event of the absence of the governor from the State, or the governor's inability to exercise and discharge the powers and duties of the governor's office, such powers and duties shall devolve upon the lieutenant governor during such absence or disability.

When the office of lieutenant governor is vacant[, or in the event of the absence of the lieutenant governor from the State,] or the lieutenant governor's inability to exercise and discharge the powers and duties of the lieutenant governor's office, the governor shall appoint and the state senate shall confirm by a simple majority vote, the successor to the office of lieutenant governor. When the offices of governor and lieutenant governor are vacant, such powers and duties shall devolve upon such officers in such order of succession as may be provided by law.

In the event of the impeachment of the governor or of the lieutenant governor, the governor or the lieutenant governor shall not exercise the powers of the applicable office until acquitted."

SECTION 2. The question to be printed on the ballot shall be as follows:

"Shall the succession laws for the office of governor and lieutenant governor be altered to allow the governor to appoint a successor in the event of a vacancy in the lieutenant governor's office?"

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.

 

 

INTRODUCED BY:

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