Bill Text: HI SB2126 | 2014 | Regular Session | Amended
Bill Title: United States Senate; Members-elect; Vacancy; Appointment
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-02-18 - Referred to JUD, FIN, referral sheet 23 [SB2126 Detail]
Download: Hawaii-2014-SB2126-Amended.html
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THE SENATE |
S.B. NO. |
2126 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MEMBERS OF CONGRESS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the United States Senate operates under a seniority system that grants privileges to its members who have served the longest. These privileges range from the selection of members' offices to committee assignments. In addition, senate members with longer terms of service on a committee assume senior status and wield more power in the committee. Also, seniority is often considered in awarding committee chair positions.
The legislature further finds that it is in the best interest of Hawaii's United States senators to accumulate seniority in office as quickly as possible to ensure that they can successfully represent Hawaii's citizens. One possibility of assisting Hawaii's senatorial delegation in rapidly building seniority is to automatically appoint newly-elected members of the United States Senate to office immediately if the incumbent vacates the office after the general election but prior to the end of the incumbent's term, which is January 3 as established under Section 1 of the Twentieth Amendment to the United States Constitution. This procedure ensures that Hawaii's newly-elected United States Senate members will assume office earlier than the newly-elected members from other states who are required to wait for their respective incumbent's term to expire.
The purpose of this Act is to establish a procedure to require the governor to appoint a newly-elected member of the United States Senate, other than the incumbent member, to serve for the remainder of the incumbent's unexpired term when the incumbent member vacates the office after the general election, but prior to the expiration of the incumbent's term.
SECTION 2. Section 17-1, Hawaii Revised Statutes, is amended to read as follows:
"§17-1 United States senator. [When]
(a) Except as otherwise provided in subsection (b), when a vacancy
occurs in the office of United States senator, the vacancy shall be filled for
the unexpired term at the following state general election; provided that the
vacancy occurs not later than 4:30 p.m. on the sixtieth day prior to the
primary for nominating candidates to be voted for at the election; otherwise at
the state general election next following. The chief election officer shall
issue a proclamation designating the election for filling the vacancy. Pending
the election, the governor shall make a temporary appointment to fill the
vacancy by selecting a person from a list of three prospective appointees
submitted by the same political party as the prior incumbent. The appointee
shall serve until the election and qualification of the person duly elected to
fill the vacancy and shall be, at the time of appointment, and shall have been,
for at least six months immediately prior to the appointment, a member of the
same political party as the prior incumbent. The appointee shall be a resident
of the State. If the prior incumbent was not a member of any political party,
the governor shall appoint a person who is not and has not been, for at least
six months immediately prior to the appointment, a member of any political
party. All candidates for the unexpired term shall be nominated and elected in
accordance with this title.
(b) Notwithstanding any provision of subsection (a) to the contrary, when:
(1) A candidate other than the incumbent is duly elected to the office of United States senator at a general election; and
(2) The incumbent vacates the office at any time following the general election but prior to the expiration of the incumbent's term of office;
the governor, no later than the next business day after receiving official notice of the vacancy, shall appoint the person duly elected to succeed the incumbent to immediately fill the vacancy for the remainder of the incumbent's unexpired term."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
United States Senate; Members-elect; Vacancy; Appointment
Description:
Establishes a procedure to require the governor to appoint a newly-elected member of the United States Senate, other than the incumbent member, to serve for the remainder of the incumbent's unexpired term when the incumbent member vacates the office after the general election, but prior to the expiration of the incumbent's term. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
