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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1288 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO ORDER OF SUCCESSION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 26-2, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (a) through (c) to read:
"(a) When the office of lieutenant
governor is vacant by reason of the lieutenant governor's becoming governor, or
the lieutenant governor's failure to qualify, or the lieutenant governor's
removal from office, death, resignation, or otherwise, the powers and duties of
the office of lieutenant governor shall devolve upon the president of the
senate; provided that the president of the senate is of the same political
party as the governor; or, if [there is none] the president of
the senate is not of the same political party as the governor or upon the
president's failure to resign promptly from all legislative offices held by the
president, then upon the speaker of the house of representatives; provided
that the speaker of the house of representatives is of the same political party
as the governor; or, if [there is none] the speaker of the
house of representatives is not of the same political party as the governor
or upon the speaker's failure to resign promptly from all legislative offices
held by the speaker, then [upon the attorney general, the director of
finance, the comptroller, the director of taxation, and the director of human
resources development in the order named; provided that any officer upon whom
the powers and duties of the office of lieutenant governor devolve may decline
the powers and duties without the officer's resignation from the office by
virtue of the holding of which the officer qualifies to act as lieutenant
governor, in which event the powers and duties will devolve upon the next
officer listed in the order of succession.] upon a person appointed by
the governor who is a member of the same political party as the governor and is
qualified to hold the office of lieutenant governor pursuant to article V,
section 2, of the Hawaii State Constitution.
(b) When the lieutenant governor is
temporarily absent from the State or is temporarily disabled, the powers and
duties of the office of the lieutenant governor shall devolve upon [the
foregoing officers, other than the president of the senate and the speaker of
the house,] the attorney general, the director of finance, the
comptroller, the director of taxation, and the director of human resources
development in the order named.
(c) The powers and duties of any officer [acting]
designated in subsection (b) to act as lieutenant governor [under
this section] shall include the powers and duties of the office of governor
when that office is vacant, or when the governor is absent from the State or is
unable to exercise and discharge the powers and duties of the governor's
office, in addition to the other powers and duties of the lieutenant governor.
No person other than the elected governor or lieutenant governor shall become governor, provision being made by this section only for an acting governor."
2. By amending subsection (e) to read:
"(e) During the period that any officer[,]
under this section is exercising the powers and performing the duties of the
office of governor or lieutenant governor by reason of a permanent vacancy
therein, and not otherwise, the officer shall receive the compensation and
perquisites of the governor or lieutenant governor, as the case may be."
3. By amending subsection (g) to read:
"(g) No officer shall act as [governor
or] lieutenant governor under subsection [(a) or (b) of this section,]
(b), unless the officer is eligible to the office of lieutenant
governor under the constitution. No officer other than a legislative officer
shall act as governor or lieutenant governor under this section unless the
officer has been appointed and confirmed prior to the time the powers and
duties of the office of governor or of lieutenant governor devolve upon the officer.
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 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Order of Succession; Lieutenant Governor
Description:
Clarifies that the successor to the Office of Lieutenant Governor, when the Office of Lieutenant Governor becomes vacant, must be a member of the same political party as the Governor. Clarifies the order of succession if the Lieutenant Governor is temporarily absent from the State or temporarily disabled. (HB1288 CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.