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HB488
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:
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SECTION 1.
�
The legislature finds that accountability and
trust in public servants are essential to maintaining a healthy democracy.
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The
purpose of this Act is promote accountability in state elected officials by
proposing to amend the Constitution of the State of Hawaii to:
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(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;
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(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;
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(3)
�
Impose a term limit of ten consecutive years for
members of the state house of representatives;
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(4)
�
Impose a term limit of twelve consecutive
years for members of the state senate;
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(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
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(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.
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SECTION 2.
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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:
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"
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.
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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.
"
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SECTION 3.
�
Article III, section 4, of the Constitution
of the State of Hawaii is amended to read as follows:
"
ELECTION OF MEMBERS; TERM
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Section 4.
�
Each member of the legislature shall be
elected at an election.
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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."
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SECTION 4.
�
Article V, section 1, of the Constitution of
the State of Hawaii is amended to read as follows:
"ESTABLISHMENT
OF THE EXECUTIVE
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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.
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In case of a tie vote, the selection of the governor shall be determined
as provided by law.
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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.
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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.
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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.
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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.
"
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SECTION 5.
�
Article V, section 2, of the Constitution of
the State of Hawaii is amended to read as follows:
"LIEUTENANT GOVERNOR
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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.
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The lieutenant governor shall perform
such duties as may be provided by law."
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SECTION
6.
�
The question to be printed on the
ballot shall be as follows:
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"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.
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SECTION
7.
�
Constitutional material to be
repealed is bracketed and stricken.
�
New
constitutional material is underscored.
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SECTION 8.
�
This amendment shall take effect upon
compliance with article XVII, section 3, of the Constitution of the State of
Hawaii.
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
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not legislation or evidence of legislative intent.