Bill Text: HI SB270 | 2014 | Regular Session | Introduced
Bill Title: Attorney General; Unconstitutional Federal Mandates
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB270 Detail]
Download: Hawaii-2014-SB270-Introduced.html
|
THE SENATE |
S.B. NO. |
270 |
|
TWENTY-SEVENTH LEGISLATURE, 2013 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to the attorney general.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§28- Investigation and action required upon Federal imposition of unconstitutional law or mandate. (a) The attorney general shall investigate the constitutionality of any federal law or mandate if either:
(1) The department of attorney general determines that a constitutional question of any federal law or mandate exists; or
(2) An inquiry or allegation of constitutional infirmity of any federal law or mandate is made by the legislature, or any of its members, the governor, or the head of any department in accordance with subsection (b).
(b) An inquiry or allegation of constitutional infirmity shall be presented to the attorney general pursuant to section 28.3.
(c) If the attorney general's investigation concludes that a federal law or mandate imposed upon the State may be in violation of the U.S. Constitution, then the attorney general shall take necessary and appropriate legal action to challenge the federal law or mandate, to protect the interests of the State, and to ensure that the citizens of the State will not be subject to unconstitutional law or mandates of the federal government.
(d) The attorney general shall prepare and submit an annual report to the governor and the legislature at least twenty days prior to the convening of each regular session. This annual report shall detail the twelve months preceding the date of the annual report and shall contain the following information:
(1) List of all legal actions initiated under this section, and a summary of the nature of each action; and
(2) List of all investigations conducted under this section for which the attorney general declined to take legal action, and a summary of the reason legal action was declined."
SECTION 2. Section 26-7, Hawaii Revised Statutes, is amended to read as follows:
"§26-7 Department of the attorney general. The department of the attorney general shall be headed by a single executive to be known as the attorney general.
The department shall administer and render state legal services, including furnishing of written legal opinions to the governor, legislature, and such state departments and officers as the governor may direct; represent the State in all civil actions in which the State is a party; investigate federal law or mandates that are alleged or suspected to be unconstitutional and take necessary and appropriate legal action; approve as to legality and form all documents relating to the acquisition of any land or interest in lands by the State; and, unless otherwise provided by law, prosecute cases involving violations of state laws and cases involving agreements, uniform laws, or other matters which are enforceable in the courts of the State. The attorney general shall be charged with such other duties and have such authority as heretofore provided by common law or statute.
There shall be within the department of the attorney general a commission to be known as the commission to promote uniform legislation which shall sit in an advisory capacity to the attorney general and to the legislature on matters relating to the promotion of uniform legislation. The composition of the commission shall be as heretofore provided for the commission to promote uniform legislation existing immediately prior to November 25, 1959. The members of the commission shall be nominated, and by and with the advice and consent of the senate, appointed by the governor for terms of four years each, provided that each member shall hold office until the member's successor is appointed and qualified; and provided also that the provisions of section 26-34, limiting the appointment of members of boards and commissions to two terms and the duration of membership to not more than eight consecutive years shall not be applicable.
The functions and authority heretofore exercised by the attorney general, high sheriff, and the commission to promote uniform legislation as heretofore constituted are transferred to the department of the attorney general established by this chapter."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Attorney General; Unconstitutional Federal Mandates
Description:
Provides a mechanism by which the legislature, governor, and department heads may request investigation into the constitutionality of federal law and mandates; requires the attorney general to initiate legal action upon attorney general's conclusion that a federal law may be in violation; provides for annual report of the attorney general.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
