The enactment of SB217 would legislate the grounds for impeachment, which includes treason, bribery, high crimes and misdemeanors, misfeasance, malfeasance, or nonfeasance, and moral turpitude. Notably, a two-thirds concurrence of the Senate members is mandated for a conviction. This measure significantly impacts state governance as it reinforces the principle of accountability by laying down clearer parameters for holding officials accountable for misconduct. Additionally, it empowers the House of Representatives with the sole power to impeach appointive officers and places the responsibility to try impeachment cases in the Senate.
Senate Bill 217 (SB217) aims to establish comprehensive statutory provisions concerning the impeachment and removal processes for the governor, lieutenant governor, and any appointive officers in Hawaii. The bill seeks to address the absence of specific laws that delineate the causes and procedures for impeachment as mandated by Article III, Section 19 of the Hawaii Constitution. This measure intends to ensure that there is a legal framework that governs the accountability of state officials, providing clarity and a systematic approach to the impeachment process.
While the bill is seen as necessary for establishing a clearer and more rigorous mechanism for impeachment, it may face contention regarding the specifics of what constitutes 'high crimes and misdemeanors' or 'moral turpitude.' Critics might argue that the bill could be used politically to undermine the authority of state officials or that the thresholds for impeachment might not sufficiently protect against frivolous accusations. Furthermore, the requirements for impeachment proceedings and trials might lead to disputes about the interpretation and application of the law in politically charged situations.