Bill Text: HI SB2706 | 2010 | Regular Session | Introduced
Bill Title: Constitutional Amendment; Board of Education
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-27 - (S) Referred to EDH/JGO, WAM. [SB2706 Detail]
Download: Hawaii-2010-SB2706-Introduced.html
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THE SENATE |
S.B. NO. |
2706 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE STATE OF HAWAII TO MAKE THE DEPARTMENT OF EDUCATION A PRINCIPAL DEPARTMENT OF STATE GOVERNMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to amend the Constitution of the State of Hawaii to make the department of education into a principal department of state government.
SECTION 2. Article V, section 6, of the Constitution of the State of Hawaii is amended to read as follows:
"EXECUTIVE AND ADMINISTRATIVE OFFICES
AND DEPARTMENTS
Section 6. All executive and administrative offices, departments and instrumentalities of the state government and their respective powers and duties shall be allocated by law among and within not more than twenty principal departments in such a manner as to group the same according to common purposes and related functions. The department of education shall be a principal department of state government. Temporary commissions or agencies for special purposes may be established by law and need not be allocated within a principal department.
Each principal department shall be under the supervision of the governor and, unless otherwise provided in this constitution or by law, shall be headed by a single executive. Such single executive shall be nominated and, by and with the advice and consent of the senate, appointed by the governor. That person shall hold office for a term to expire at the end of the term for which the governor was elected, unless sooner removed by the governor; except that the removal of the chief legal officer of the State shall be subject to the advice and consent of the senate.
Except as otherwise provided in this constitution, whenever a board, commission or other body shall be the head of a principal department of the state government, the members thereof shall be nominated and, by and with the advice and consent of the senate, appointed by the governor. The term of office and removal of such members shall be as provided by law. Such board, commission or other body may appoint a principal executive officer who, when authorized by law, may be an ex officio, voting member thereof, and who may be removed by a majority vote of the members appointed by the governor.
The governor shall nominate and, by and with the advice and consent of the senate, appoint all officers for whose election or appointment provision is not otherwise provided for by this constitution or by law. If the manner or removal of an officer is not prescribed in this constitution, removal shall be as provided by law.
When the senate is not in session and a vacancy occurs in any office, appointment to which requires the confirmation of the senate, the governor may fill the office by granting a commission which shall expire, unless such appointment is confirmed, at the end of the next session of the senate. The person so appointed shall not be eligible for another interim appointment to such office if the appointment failed to be confirmed by the senate.
No person who has been nominated for appointment to any office and whose appointment has not received the consent of the senate shall be eligible to an interim appointment thereafter to such office.
Every officer appointed under the provisions of this section shall be a citizen of the United States and shall have been a resident of this State for at least one year immediately preceding that person's appointment, except that this residency requirement shall not apply to the president of the University of Hawaii."
SECTION 3. Article XVI, section 3.5, of the Constitution of the State of Hawaii is amended to read as follows:
"SALARY COMMISSION
Section [3.5]. There shall be a
commission on salaries as provided by law, which shall review and recommend
salaries for the justices and judges of all state courts, members of the
legislature, department heads or executive officers of the executive
departments and the deputies or assistants to department heads of the executive
departments as provided by law, excluding the University of Hawaii [and the
department of education]. The commission shall also review and make
recommendations for the salary of the administrative director of the State or
equivalent position and the salary of the governor and the lieutenant governor.
Any salary established pursuant to this section shall not be decreased during a term of office, unless by general law applying to all salaried officers of the State.
Not later than the fortieth legislative day of the 2007 regular legislative session and every six years thereafter, the commission shall submit to the legislature its recommendations and then dissolve.
The recommended salaries submitted shall become effective as provided in the recommendation, unless the legislature disapproves the entire recommendation as a whole by adoption of a concurrent resolution prior to adjournment sine die of the legislative session in which the recommendation is submitted; provided that any change in salary which becomes effective shall not apply to the legislature to which the recommendation for the change in salary was submitted."
SECTION 4. Article XVI, section 4, of the Constitution of the State of Hawaii is amended to read as follows:
"OATH OF OFFICE
Section 4. All eligible public
officers, before entering upon the duties of their respective offices, shall
take and subscribe to the following oath or affirmation: "I do solemnly
swear (or affirm) that I will support and defend the Constitution of the United
States, and the Constitution of the State of Hawaii, and that I will faithfully
discharge my duties as ........................ to the best of my ability."
As used in this section, "eligible public officers" means the
governor, the lieutenant governor, the members of both houses of the
legislature, [the members of the board of education,] the members of the
national guard, State or county employees who possess police powers, district
court judges, and all those whose appointment requires the consent of the
senate."
SECTION 5. Article X, section 2, of the Constitution of the State of Hawaii is repealed.
["BOARD OF EDUCATION
Section
2. There shall be a board of education composed of members who
shall be elected in a nonpartisan manner by qualified voters, as provided by
law, from two at-large school board districts. The first school board district
shall be comprised of the island of Oahu and all other islands not specifically
enumerated. The second school board district shall be comprised of the islands
of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai and Niihau. Each at-large
school board district shall be divided into departmental school districts, as
may be provided by law. There shall be at least one member residing in each
departmental school district. The Hawaii State Student Council shall select a
public high school student to serve as a nonvoting member on the board of
education."]
SECTION 6. Article X, section 3, of the Constitution of the State of Hawaii is repealed.
["POWER OF THE BOARD OF EDUCATION
Section
3. The board of education shall have the power, as provided by law,
to formulate statewide educational policy and appoint the superintendent of
education as the chief executive officer of the public school system."]
SECTION 7. Article XVIII, section 7, of the Constitution of the State of Hawaii is repealed.
["1978 BOARD OF EDUCATION ELECTIONS
Section 7.
Members elected to the board
of education in the 1978 general election shall serve for two-year terms."]
SECTION 8. The question to be printed on the ballot shall be as follows:
"Shall the State Constitution be amended to make the department of education into a cabinet-level department, without an elected Board of Education, headed by a superintendent appointed by the governor and confirmed by the state senate, similar to other departments of state government?"
SECTION 9. Constitutional material to be repealed is bracketed and stricken. New Constitutional material is underscored.
SECTION 10. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Constitutional Amendment; Board of Education
Description:
Amends Hawaii's Constitution by making the department of education into a cabinet-level department with a superintendent appointed by the governor.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
