Hawaii 2025 Regular Session

Hawaii House Bill HB488 Latest Draft

Bill / Introduced Version Filed 01/17/2025

                            HOUSE OF REPRESENTATIVES   H.B. NO.   488     THIRTY-THIRD LEGISLATURE, 2025         STATE OF HAWAII                                A BILL FOR AN ACT     PROPOSING AMENDMENTS TO THE HAWAII CONSTITUTION TO PROMOTE ACCOUNTABILITY IN ELECTED OFFICIALS.     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:   

HOUSE OF REPRESENTATIVES H.B. NO. 488
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII

HOUSE OF REPRESENTATIVES

H.B. NO.

488

THIRTY-THIRD LEGISLATURE, 2025

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

PROPOSING AMENDMENTS TO THE HAWAII CONSTITUTION TO PROMOTE ACCOUNTABILITY IN ELECTED OFFICIALS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

      SECTION 1.  The legislature finds that accountability and trust in public servants are essential to maintaining a healthy democracy.      The purpose of this Act is promote accountability in state elected officials by proposing to amend the Constitution of the State of Hawaii to:      (1)  Provide that any state elected official charged with a criminal offense relating to the official's duties shall be suspended without pay from serving in the official's state elected office pending the final adjudication of the charge;      (2)  Provide that any elected official convicted of a criminal offense relating to the official's duties shall be permanently barred from holding any elected or appointed office within the State, and shall forfeit any pension, benefits, or privileges associated with public office;      (3)  Impose a term limit of ten consecutive years for members of the state house of representatives;      (4)  Impose a term limit of twelve consecutive years for members of the state senate;      (5)  Provide that service as governor or lieutenant governor for longer than one half of one term shall be considered service for one full term for the purpose of term limits; and      (6)  Provide that a state legislator, governor, or lieutenant governor who has reached the applicable consecutive term limit may run for election to the same elected office after a four-year absence from the office.      SECTION 2.  Article XVI of the Constitution of the State of Hawaii is amended by adding a new section to be appropriately designated and to read as follows:      "Section    .  Any state elected official charged with a criminal offense relating to the official's duties shall be suspended without pay from serving in the official's state elected office pending final adjudication of the charge.      Any state elected official convicted of a criminal offense relating to the official's duties shall be permanently barred from holding any elected or appointed office within the State, and shall forfeit any pension, benefits, or privileges associated with public office."       SECTION 3.  Article III, section 4, of the Constitution of the State of Hawaii is amended to read as follows: "ELECTION OF MEMBERS; TERM      Section 4.  Each member of the legislature shall be elected at an election.  If more than one candidate has been nominated for election to a seat in the legislature, the member occupying that seat shall be elected at a general election.  If a candidate nominated for a seat at a primary election is unopposed for that seat at the general election, the candidate shall be deemed elected at the primary election.  The term of office of a member of the house of representatives shall be two years [and the]; provided that for terms beginning on or after the general election of 2026, no person shall serve as a member of the house of representatives for more than ten consecutive years; provided further that a person who has reached this limit may seek election to the house of representatives after a four‑year absence from membership in the house of representatives.  The term of office of a member of the senate shall be four years[.]; provided that for terms beginning on or after the general election of 2026, no person shall serve as a member of the senate for more than twelve consecutive years; provided further that a person who has reached this limit may seek election to the senate after a four-year absence from membership in the senate.  The term of a member of the legislature shall begin on the day of the general election at which elected or if elected at a primary election, on the day of the general election immediately following the primary election at which elected.  For a member of the house of representatives, the term shall end on the day of the general election immediately following the day the member's term commences.  For a member of the senate, the term shall end on the day of the second general election immediately following the day the member's term commences."      SECTION 4.  Article V, section 1, of the Constitution of the State of Hawaii is amended to read as follows: "ESTABLISHMENT OF THE EXECUTIVE      Section 1.  The executive power of the State shall be vested in a governor.  The governor shall be elected by the qualified voters of this State at a general election.  The person receiving the highest number of votes shall be the governor.  In case of a tie vote, the selection of the governor shall be determined as provided by law.      The term of office of the governor shall begin at noon on the first Monday in December next following the governor's election and end at noon on the first Monday in December, four years thereafter.      No person shall [be elected to] serve in the office of governor for more than two consecutive full terms.  After the general election of 2026, service in the office for longer than one half of one term shall be considered service for one full term.  A person who has reached the term limit in this section may seek election to the office of the governor after a four‑year absence from the office of the governor.      No person shall be eligible for the office of governor unless the person shall be a qualified voter, have attained the age of thirty years and have been a resident of this State for five years immediately preceding the person's election.      The governor shall not hold any other office or employment of profit under the State or the United States during the governor's term of office."      SECTION 5.  Article V, section 2, of the Constitution of the State of Hawaii is amended to read as follows: "LIEUTENANT GOVERNOR      Section 2.  There shall be a lieutenant governor who shall have the same qualifications as the governor.  The lieutenant governor shall be elected at the same time, for the same term and in the same manner as the governor; provided that the votes cast in the general election for the nominee for governor shall be deemed cast for the nominee for lieutenant governor of the same political party.  No person shall [be elected to] serve in the office of lieutenant governor for more than two consecutive full terms.  After the general election of 2026, service in the office for longer than one half of one term shall be considered service for one full term.  A person who has reached the term limit in this section may seek election to the office of the lieutenant governor after a four-year absence from the office of the lieutenant governor.  The lieutenant governor shall perform such duties as may be provided by law."      SECTION 6.  The question to be printed on the ballot shall be as follows:      "Shall the Constitution of the State of Hawaii be amended to:      (1)  Provide that any state elected official charged with a criminal offense relating to the official's duties shall be suspended without pay from serving in the official's state elected office pending the final adjudication of the charge;      (2)  Provide that any elected official convicted of a criminal offense relating to the official's duties shall be permanently barred from holding any elected or appointed office within the State of Hawaii, and shall forfeit any pension, benefits, or privileges associated with public office;      (3)  Impose a term limit of ten consecutive years for members of the state house of representatives;      (4)  Impose a term limit of twelve consecutive years for members of the state senate;      (5)  Provide that service as governor or lieutenant governor for longer than one half of one term shall be considered service for one full term for the purpose of term limits; and      (6)  Provide that a state legislator, governor, or lieutenant governor who has reached the applicable consecutive term limit may run for election to the same elected office after a four-year absence from the office.      SECTION 7.  Constitutional material to be repealed is bracketed and stricken.  New constitutional material is underscored.      SECTION 8.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.      INTRODUCED BY:   _____________________________              

     SECTION 1.  The legislature finds that accountability and trust in public servants are essential to maintaining a healthy democracy.

     The purpose of this Act is promote accountability in state elected officials by proposing to amend the Constitution of the State of Hawaii to:

     (1)  Provide that any state elected official charged with a criminal offense relating to the official's duties shall be suspended without pay from serving in the official's state elected office pending the final adjudication of the charge;

     (2)  Provide that any elected official convicted of a criminal offense relating to the official's duties shall be permanently barred from holding any elected or appointed office within the State, and shall forfeit any pension, benefits, or privileges associated with public office;

     (3)  Impose a term limit of ten consecutive years for members of the state house of representatives;

     (4)  Impose a term limit of twelve consecutive years for members of the state senate;

     (5)  Provide that service as governor or lieutenant governor for longer than one half of one term shall be considered service for one full term for the purpose of term limits; and

     (6)  Provide that a state legislator, governor, or lieutenant governor who has reached the applicable consecutive term limit may run for election to the same elected office after a four-year absence from the office.

     SECTION 2.  Article XVI of the Constitution of the State of Hawaii is amended by adding a new section to be appropriately designated and to read as follows:

     "Section    .  Any state elected official charged with a criminal offense relating to the official's duties shall be suspended without pay from serving in the official's state elected office pending final adjudication of the charge.

     Any state elected official convicted of a criminal offense relating to the official's duties shall be permanently barred from holding any elected or appointed office within the State, and shall forfeit any pension, benefits, or privileges associated with public office."

     SECTION 3.  Article III, section 4, of the Constitution of the State of Hawaii is amended to read as follows:

"ELECTION OF MEMBERS; TERM

     Section 4.  Each member of the legislature shall be elected at an election.  If more than one candidate has been nominated for election to a seat in the legislature, the member occupying that seat shall be elected at a general election.  If a candidate nominated for a seat at a primary election is unopposed for that seat at the general election, the candidate shall be deemed elected at the primary election.  The term of office of a member of the house of representatives shall be two years [and the]; provided that for terms beginning on or after the general election of 2026, no person shall serve as a member of the house of representatives for more than ten consecutive years; provided further that a person who has reached this limit may seek election to the house of representatives after a four‑year absence from membership in the house of representatives.  The term of office of a member of the senate shall be four years[.]; provided that for terms beginning on or after the general election of 2026, no person shall serve as a member of the senate for more than twelve consecutive years; provided further that a person who has reached this limit may seek election to the senate after a four-year absence from membership in the senate.  The term of a member of the legislature shall begin on the day of the general election at which elected or if elected at a primary election, on the day of the general election immediately following the primary election at which elected.  For a member of the house of representatives, the term shall end on the day of the general election immediately following the day the member's term commences.  For a member of the senate, the term shall end on the day of the second general election immediately following the day the member's term commences."

     SECTION 4.  Article V, section 1, of the Constitution of the State of Hawaii is amended to read as follows:

"ESTABLISHMENT OF THE EXECUTIVE

     Section 1.  The executive power of the State shall be vested in a governor.  The governor shall be elected by the qualified voters of this State at a general election.  The person receiving the highest number of votes shall be the governor.  In case of a tie vote, the selection of the governor shall be determined as provided by law.

     The term of office of the governor shall begin at noon on the first Monday in December next following the governor's election and end at noon on the first Monday in December, four years thereafter.

     No person shall [be elected to] serve in the office of governor for more than two consecutive full terms.  After the general election of 2026, service in the office for longer than one half of one term shall be considered service for one full term.  A person who has reached the term limit in this section may seek election to the office of the governor after a four‑year absence from the office of the governor.

     No person shall be eligible for the office of governor unless the person shall be a qualified voter, have attained the age of thirty years and have been a resident of this State for five years immediately preceding the person's election.

     The governor shall not hold any other office or employment of profit under the State or the United States during the governor's term of office."

     SECTION 5.  Article V, section 2, of the Constitution of the State of Hawaii is amended to read as follows:

"LIEUTENANT GOVERNOR

     Section 2.  There shall be a lieutenant governor who shall have the same qualifications as the governor.  The lieutenant governor shall be elected at the same time, for the same term and in the same manner as the governor; provided that the votes cast in the general election for the nominee for governor shall be deemed cast for the nominee for lieutenant governor of the same political party.  No person shall [be elected to] serve in the office of lieutenant governor for more than two consecutive full terms.  After the general election of 2026, service in the office for longer than one half of one term shall be considered service for one full term.  A person who has reached the term limit in this section may seek election to the office of the lieutenant governor after a four-year absence from the office of the lieutenant governor.  The lieutenant governor shall perform such duties as may be provided by law."

     SECTION 6.  The question to be printed on the ballot shall be as follows:

     "Shall the Constitution of the State of Hawaii be amended to:

     (1)  Provide that any state elected official charged with a criminal offense relating to the official's duties shall be suspended without pay from serving in the official's state elected office pending the final adjudication of the charge;

     (2)  Provide that any elected official convicted of a criminal offense relating to the official's duties shall be permanently barred from holding any elected or appointed office within the State of Hawaii, and shall forfeit any pension, benefits, or privileges associated with public office;

     (3)  Impose a term limit of ten consecutive years for members of the state house of representatives;

     (4)  Impose a term limit of twelve consecutive years for members of the state senate;

     (5)  Provide that service as governor or lieutenant governor for longer than one half of one term shall be considered service for one full term for the purpose of term limits; and

     (6)  Provide that a state legislator, governor, or lieutenant governor who has reached the applicable consecutive term limit may run for election to the same elected office after a four-year absence from the office.

     SECTION 7.  Constitutional material to be repealed is bracketed and stricken.  New constitutional material is underscored.

     SECTION 8.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

 

INTRODUCED BY: _____________________________

INTRODUCED BY:

_____________________________

 

 

        Report Title: Constitutional Amendment; Elected Officials; Term Limits Accountability   Description: Proposes to amend the state constitution to suspend or bar criminally charged or convicted elected officials from office and impose term limit requirements on elected officials.       The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. 

 

 

Report Title:

Constitutional Amendment; Elected Officials; Term Limits Accountability

 

Description:

Proposes to amend the state constitution to suspend or bar criminally charged or convicted elected officials from office and impose term limit requirements on elected officials.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.