The Constitution
of the
State of Hawaii
Incorporating the November 7, 2006 election changes,
and including the annotation.
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Article III - The Legislature
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3.1
Legislature power
The legislative power of the State shall be vested in a legislature, which shall consist of two houses, a senate and a house of representatives. Such power shall extend to all rightful subjects of legislation not inconsistent with this constitution or the Constitution of the United States.
Attorney General Opinions:
Referendum not authorized, but local option law permissible. Advisory referendum also permissible. Att. Gen. Op. 63-11.
A legislature though elected under an improper apportionment scheme, is empowered to reapportion itself without constitutional amendment. Att. Gen. Op. 64-33.
Utilization of single-member districts, multi-member districts or combination thereof held proper so long as equality of representation is attained. Att. Gen. Op. 64-36.
Case Notes:
Question of delegation of state power to federal agency discussed. 44 H. 651, 361 P.2d 390.
Question of unconstitutional delegation of legislative power considered. 49 H. 651, 426 P.2d 626.
Penal sanctions, effect on requirement of legislative standards for administrative agencies in adoption of regulations. 49 H. 651, 657-58, 426 P.2d 626.
Legislature has power to establish the subject matter jurisdiction of state court system. 63 H. 55, 621 P.2d 346.
Hawaii Legal Reporter Citations:
Unconstitutional delegation of authority. 78-2 HLR 78-781.
3.2
Composition of senate
The senate shall be composed of twenty-five members, who shall be elected by the qualified voters of the respective senatorial districts. Until the next reapportionment the senatorial districts and the number of senators to be elected from each shall be as set forth in the Schedule. [Am Const Con 1968 and election Nov 5, 1968; am Const Con 1978 and election Nov 7, 1978]
Note:
A proposal of the 1978 Constitutional Convention rewriting this section was not validly ratified. Kahalekai v. Doi, 60 H. 324 (1979). The revisor has deleted the textual changes under the authority of Resolution No. 29 of the 1978 Constitutional Convention.
Attorney General Opinions:
Under prior law, apportionment of Senate held improper under the 14th Amendment to U.S. Constitution. Att. Gen. Op. 64-33.
Question of severability of certain provisions from invalid portion of the section discussed. Att. Gen. Op. 64-35.
Case Notes:
Whether senatorial districts may be multi-member, 384 U.S. 73, 86 et seq., upon review of 238 F. Supp. 468, 240 F. Supp. 724.
3.3
Composition of house of representatives
The house of representatives shall be composed of fifty-one members, who shall be elected by the qualified voters of the respective representative districts. Until the next reapportionment, the representative districts and the number of representatives to be elected from each shall be as set forth in the Schedule. [Am Const Con 1978 and election Nov 7, 1978]
Note:
A proposal of the 1978 Constitutional Convention rewriting this section was not validly ratified. Kahalekai v. Doi, 60 H. 324 (1979). The revisor has deleted the textual changes under the authority of Resolution No. 29 of the 1978 Constitutional Convention.
Case Notes:
Consideration of validity of apportionment of Senate entails validity of apportionment of House, and legislature in dealing with former must be free to deal with latter. 384 U.S. 73, 83, upon review of 238 F. Supp. 418, 240 F. Supp. 724.
3.4
Election of members; term
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 term of office of a member of the senate shall be four years. 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 terms 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. [Ren Const Con 1978 and election Nov 7, 1978; am HB 572 (1987) and election Nov 8, 1988]
Attorney General Opinions:
Generally accepted that officer has right to resign. Att. Gen. Op. 62-23.
New term begins at the point of time older term ends. Att. Gen. Op. 62-43.
Term of office of holdover senators may be terminated by a new reapportionment plan. Att. Gen. Op. 64-37.
Case Notes:
Implicit in provision is requirement that legislator be available for service at all times during the legislator's elected term. 52 H. 251, 473 P.2d 872.
3.5
Vacancies
Any vacancy in the legislature shall be filled for the unexpired term in such manner as may be provided by law, or, if no provision be made by law, by appointment by the governor for the unexpired term. [Ren and am Const Con 1978 and election Nov 7, 1978]
Cross References:
Statutory provisions, see §§17-3 and 4.
Case Notes:
Before enactment of HRS §17-5, held that vacancy in senate resulting from death of candidate must be filled by governor by appointment. 52 H. 410, 477 P.2d 625. But such appointment viewed in its relationship to HRS §17-3 would be invalid as violative of equal protection. 327 F. Supp. 745.
3.6
Qualifications of members
No person shall be eligible to serve as a member of the senate unless the person has been a resident of the State for not less than three years, has attained the age of majority and is, prior to filing nomination papers and thereafter continues to be, a qualified voter of the senatorial district from which the person seeks to be elected; except that in the year of the first general election following reapportionment, but prior to the primary election, an incumbent senator may move to a new district without being disqualified from completing the remainder of the incumbent ‘s senate term. No person shall be eligible to serve as a member of the house of representatives unless the person has been a resident of the State for not less than three years, has attained the age of majority and is, prior to filing nomination papers and thereafter continues to be, a qualified voter of the representative district from which the person seeks to be elected; except that in the year of the first general election following reapportionment, but prior to the primary election, an incumbent representative may move to a new district without being disqualified from completing the remainder of the incumbent representative's term. [Am Const Con 1968 and election Nov 5, 1968; ren and am Const Con 1978 and election Nov 7, 1978; am HB 1012 (2002) and election Nov 5, 2002]
Attorney General Opinions:
Eligibility of county supervisor for election to legislature. Att. Gen. Op. 62-53.
Legislation imposing six months residence in district for candidates being additional and different qualifications from that in the Constitution is violative thereof. Att. Gen. Op. 65-10.
Residency requirement is not in violation of the Federal Constitution. Att. Gen. Op. 70-15.
Legislature may require public officers to resign before seeking nomination or election to legislature. Att. Gen. Op. 75-22.
Eligibility of person living temporarily out-of-district. Att. Gen. Op. 86-10.
Case Notes:
Qualifications stated must be met by the date of the general election. 52 H. 251, 473 P.2d 872.
Residency requirement is not invalid under the federal constitution; "compelling state interest" test is not applicable. 52 H. 251, 473 P.2d 872.
3.7
Privileges of members
No member of the legislature shall be held to answer before any other tribunal for any statement made or action taken in the exercise of the member's legislative functions; and members of the legislature shall, in all cases except felony or breach of the peace, be privileged from arrest during their attendance at the sessions of their respective houses, and in going to and returning from the same. [Ren and am Const Con 1978 and election Nov 7, 1978]
Attorney General Opinions:
Traffic violation excluded from the grant of legislative immunity under this section. Att. Gen. Op. 87-5.
Case Notes:
Order denying motion for summary judgment based on legislative privilege is final appealable order. 54 H. 376, 507 P.2d 719.
"Exercise of legislative functions" construed. 55 H. 595, 525 P.2d 594.
Based on the record, not indisputable that legislator's remarks were constitutionally privileged. 66 H. 133, 658 P.2d 312.
3.8
Disqualifications of members
No member of the legislature shall hold any other public office under the State, nor shall the member, during the term for which the member is elected or appointed, be elected or appointed to any public office or employment which shall have been created, or the emoluments whereof shall have been increased, by legislative act during such term. The term "public offices," for the purposes of this section, shall not include notaries public, reserve police officers or officers of emergency organizations for civilian defense or disaster relief. The legislature may prescribe further disqualifications. [Ren and am Const Con 1978 and election Nov 7, 1978]
Attorney General Opinions:
Legislator may seek election to federal office without resigning before election. Att. Gen. Op. 62-23.
Senator whose term extends beyond next general election is disqualified to seek election at the next general election to office the salary of which has been increased. Att. Gen. Op. 62-23.
As public office has reference to a permanent trust and not to transient or incidental duties, legislators may be appointed to the temporary New York World's Fair Committee. Att. Gen. Op. 62-26.
Representative whose term ends on election day is eligible for election to office of lieutenant governor, the salary of which has been increased during the representative's term. Att. Gen. Op. 62-43.
Eligibility of county supervisor for election to legislature. Att. Gen. Op. 62-53.
A professor at the University of Hawaii does not occupy a public office. Att. Gen. Op. 66-20.
Appointment of legislator to circuit court, before expiration of term as legislator, will not preclude legislature from raising salaries of circuit judges. Att. Gen. Op. 69-10.
Provision not applicable to legislator who is appointed or elected to a civil office which is created or whose emoluments are increased during the legislator's legislative term but after the legislator's appointment or election to the civil office. Att. Gen. Op. 69-10.
Legislator may serve on board, though created during legislator's term, where functions of board are confined to advising legislature on legislative matters. Att. Gen. Op. 69-12.
Public office, what constitutes; legislator may serve on board which is advisory in nature and whose functions do not involve exercise of sovereign powers. Att. Gen. Op. 69-12.
Member whose term ends on general election day could be elected at the general election to an office created during member's term of office. Att. Gen. Op. 70-18.
Aside from the prohibition against holding any other "public office", legislator may not hold incompatible positions. Att. Gen. Op. 70-29.
Members of legislature may be members in a constitutional convention. Att. Gen. Op. 75-10.
Legislature may require those running for legislative offices to resign from their present offices and may require legislators to resign before running for other offices. Att. Gen. Op. 75-22.
A representative appointed to the circuit court cannot be considered to be "holding" a judicial office until representative has taken a judicial oath and assumed the obligations of that office. Att. Gen. Op. 80-2.
Case Notes:
Act providing for filling vacancy in office of county chairperson does not "create" office, and emoluments are not "increased" by a worker's compensation amendment of general application. 50 H. 61, 430 P.2d 327.
Hawaii Legal Reporter Citations:
Legislative immunity. 78-1 HLR 78-431.
Article unconstitutional. 82-1 HLR 820523.
3.9
Legislative allowance
[This section supersedes the section printed in the HRS.]
The members of the legislature shall receive allowances reasonably related to expenses as provided by law. [Am Const Con 1968 and election Nov 5, 1968; ren and am Const Con 1978 and election Nov 7, 1978; am SB 2072 (1984) and election Nov 6, 1984; am HB 1917 (2006) and election Nov 7, 2006]
Note:
Salary of legislators: members, $34,200; presiding officers, $41,700.
Cross References:
Allowances, see chapter 24.
Attorney General Opinions:
Legislature may make changes in allowances, applicable to the legislature enacting the changes. Att. Gen. Op. 75-1.
Legislature may increase its salary by enactment of law; since a legislature exists from date of one general election to date of next, increase enacted by one legislature may be made applicable to the next legislature notwithstanding that the Senate consists of holdovers. Att. Gen. Op. 75-2.
Legislators elected as delegates to constitutional convention are entitled to retain their full legislative salary. Att. Gen. Op. 77-3.
Cited as authorizing legislators to retain their salaries as legislators while serving as delegates to the constitutional convention. Att. Gen. Op. 77-6.
3.10
Sessions
The legislature shall convene annually in regular session at 10:00 o'clock a.m. on the third Wednesday in January.
At the written request of two-thirds of the members to which each house is entitled, the presiding officers of both houses shall convene the legislature in special session. At the written request of two-thirds of the members of the senate, the president of the senate shall convene the senate in special session for the purpose of carrying out its responsibility established by Section 3 of Article VI. The governor may convene both houses or the senate alone in special session.
Regular sessions shall be limited to a period of sixty days, and special sessions shall be limited to a period of thirty days. Any session may be extended a total of not more than fifteen days. Such extension shall be granted by the presiding officers of both houses at the written request of two-thirds of the members to which each house is entitled or may be granted by the governor.
Each regular session shall be recessed for not less than five days at some period between the twentieth and fortieth days of the regular session. The legislature shall determine the dates of the mandatory recess by concurrent resolution. Any session may be recessed by concurrent resolution adopted by a majority of the members to which each house is entitled. Saturdays, Sundays, holidays, the days in mandatory recess and any days in recess pursuant to a concurrent resolution shall be excluded in computing the number of days of any session.
All sessions shall be held in the capital of the State. In case the capital shall be unsafe, the governor may direct that any session be held at some other place. [Am Const Con 1968 and election Nov 5, 1968; ren and am Const Con 1978 and election Nov 7, 1978; am SB 1973 (1980) and election Nov 4, 1980]
Cross References:
Applicability of open meeting requirements, see §92-10.
Capital, see Art. XV, §2.
Holidays, see §§8-1 and 2.
Attorney General Opinions:
Urgency measure. Matters foreign to urgency statement cannot be inserted in bill. Att. Gen. Op. 62-17.
Statement of urgency relating to pay raises for public officers and employees held sufficient. Att. Gen. Op. 62-19.
When national holiday falls on Saturday, the Saturday and the preceding Friday are considered holidays and are excluded in computing the number of days in a session. Att. Gen. Op. 64-1.
Bills to change fees payable to state agencies held to be revenue bills. Att. Gen. Op. 64-8.
Bills affecting the distribution of a portion of the general excise tax, consumption tax, compensating tax to the counties and thereby increasing the revenues to the State held to be revenue bills. Att. Gen. Op. 64-10.
No prohibition against the legislature passing an appropriation bill in which the proposed expenditures may exceed the anticipated state revenues. Att. Gen. Op. 64-16.
A special session may not run concurrently with a budget session; although it may run during a period of recess or adjournment. Att. Gen. Op. 64-17.
The provisions of this section apply only when the legislature acts as a whole or when the senate is acting on judicial nominations, and do not limit the prerogatives conferred upon each house by article III, §12 to choose its officers or amend its rules. Att. Gen. Op. 05-1.
Case Notes:
The proposal of the 1978 Constitutional Convention amending the fourth paragraph of the section to read as set forth above was validly ratified. 60 H. 324, 590 P.2d 543.
3.11
Adjournment
Neither house shall adjourn during any session of the legislature for more than three days, or sine die, without the consent of the other. [Ren Const Con 1978 and election Nov 7, 1978]
3.12
Organization; discipline; rules; procedure
Each house shall be the judge of the elections, returns and qualifications of its own members and shall have, for misconduct, disorderly behavior or neglect of duty of any member, power to punish such member by censure or, upon a two-thirds vote of all the members to which such house is entitled, by suspension or expulsion of such member. Each house shall choose its own officers, determine the rules of its proceedings and keep a journal. The ayes and noes of the members on any question shall, at the desire of one-fifth of the members present, be entered upon the journal.
Twenty days after a bill has been referred to a committee in either house, the bill may be recalled from such committee by the affirmative vote of one-third of the members to which such house is entitled.
Every meeting of a committee in either house or of a committee comprised of a member or members from both houses held for the purpose of making decision on matters referred to the committee shall be open to the public.
By rule of its proceedings, applicable to both houses, each house shall provide for the date by which all bills to be considered in a regular session shall be introduced. [Ren and am Const Con 1978 and election Nov 7, 1978; am HB 1947 (1984) and election Nov 6, 1984]
Cross References:
Standards of conduct for legislators, see chapter 84.
Attorney General Opinions:
Right of recall cannot be nullified by rules of the legislature such as motion to table. Att. Gen. Op. 76-5.
The provisions of article III, §10 apply only when the legislature acts as a whole or when the senate is acting on judicial nominations, and do not limit the prerogatives conferred upon each house by this section to choose its officers or amend its rules. Att. Gen. Op. 05-1.
Case Notes:
Each house judge of elections, see similar provision in section 15 of Organic Act, construed and compared with provisions of Hawaiian Constitution. 14 H. 145; 15 H. 323.
"Each house shall be the judge of the elections" construed; the court, not the legislature, is final arbiter in election contest, pursuant to Article II, §7 of the Constitution. 51 H. 354, 461 P.2d 221.
Power of each house to judge the qualifications of its members does not include power to construe provisions on qualifications contrary to construction by court. 52 H. 251, 473 P.2d 872.
Violation of own rules by legislature will not be inquired into in absence of a constitutional mandate or unless it constitutes a deprivation of constitutionally guaranteed rights. 58 H. 25, 564 P.2d 135.
3.13
Quorum; compulsory attendance
A majority of the number of members to which each house is entitled shall constitute a quorum of such house for the conduct of ordinary business, of which quorum a majority vote shall suffice; but the final passage of a bill in each house shall require the vote of a majority of all the members to which such house is entitled, taken by ayes and noes and entered upon its journal. A smaller number than a quorum may adjourn from day to day and may compel the attendance of absent members in such manner and under such penalties as each house may provide. [Ren Const Con 1978 and election Nov 7, 1978]
3.14
Bills; enactment
No law shall be passed except by bill. Each law shall embrace but one subject, which shall be expressed in its title. The enacting clause of each law shall be, "Be it enacted by the legislature of the State of Hawaii." [Ren Const Con 1978 and election Nov 7, 1978]
Attorney General Opinions:
The combining of the operating budget, capital improvement budget, salary increase and revenue measure or any two of them in one bill violates this section. Att. Gen. Op. 65-7.
Bill may be entitled "Relating to Taxation." Att. Gen. Op. 65-14.
Cited in passing on effect of resolution. Att. Gen. Op. 68-6.
Discussed in holding section 7 of Act 202, Session Laws 1972, invalid because not germane to the subject of the act. Att. Gen. Op. 72-16.
Invalidity of part does not necessarily invalidate entire act. Att. Gen. Op. 72-16.
If contents of bill are germane to original statute, reference in title to sections of statute to be amended is sufficient indication of subject of legislation. Att. Gen. Op. 74-8.
Purpose of section. Att. Gen. Op. 74-8.
Title does not contain more than one subject if all its details relate to same subject. Att. Gen. Op. 74-8.
Violated by budget proviso concerning subject not expressed in title of budget act. Att. Gen. Op. 86-8.
Case Notes:
For annotations relating to similar provisions of prior law, see notes to Organic Act, §45.
Provision pertaining to subject is to be liberally construed. 58 H. 25, 564 P.2d 135.
Purposes of one-subject requirement are to prevent logrolling legislation, to prevent surprise or fraud upon the legislature, to apprise the people. 58 H. 25, 564 P.2d 135.
Section is mandatory and a violation would render an enactment nugatory, but an enactment is presumptively constitutional. 58 H. 25, 564 P.2d 135.
Prohibition against legislation with more than one subject does not apply to constitutional amendments. 60 H. 324, 590 P.2d 543.
This article and article XVII of the Hawaii constitution require that (1) a proposal to amend the constitution must be reflected in the title of the bill and (2) a proposed constitutional amendment must be read three times in each house of the legislature to be validly adopted; where bill failed to fulfill these requirements, it was not constitutionally adopted. 108 H. 245, 118 P.3d 1188.
Cited: 48 H. 152, 160, 397 P.2d 593; 53 H. 327, 493 P.2d 306.
3.15
Passage of bills
No bill shall become law unless it shall pass three readings in each house on separate days. No bill shall pass third or final reading in either house unless printed copies of the bill in the form to be passed shall have been made available to the members of that house for at least forty-eight hours.
Every bill when passed by the house in which it originated, or in which amendments thereto shall have originated, shall immediately be certified by the presiding officer and clerk and sent to the other house for consideration.
Any bill pending at the final adjournment of a regular session in an odd-numbered year shall carry over with the same status to the next regular session. Before the carried-over bill is enacted, it shall pass at least one reading in the house in which the bill originated. [Am Const Con 1968 and election Nov 5, 1968; ren and am Const Con 1978 and election Nov 7, 1978]
Attorney General Opinions:
Twenty-four hour period begins when bill is first printed and made available in the form in which it is passed on third reading, irrespective of when such form is attained; committee reports are not included in 24-hour requirement. Att. Gen. Op. 70-7.
Requirement applies to carry-over bills in the same manner. Att. Gen. Op. 70-10.
A bill which does not pass in the same form in both houses cannot become law. Att. Gen. Op. 81-7.
Senate Bill No. 1394 (Act 172, L 2003) passed three readings in the Senate and was validly enacted; even if the bill did not pass second reading in the Senate, it did pass three readings on separate days in the Senate. Att. Gen. Op. 03-6.
Case Notes:
This article and article XVII of the Hawaii constitution require that (1) a proposal to amend the constitution must be reflected in the title of the bill and (2) a proposed constitutional amendment must be read three times in each house of the legislature to be validly adopted; where bill failed to fulfill these requirements, it was not constitutionally adopted. 108 H. 245, 118 P.3d 1188.
3.16
Approval or veto; reconsideration after adjournment
Every bill which shall have passed the legislature shall be certified by the presiding officers and clerks of both houses and shall thereupon be presented to the governor. If the governor approves it, the governor shall sign it and it shall become law. If the governor does not approve such bill, the governor may return it, with the governor's objections to the legislature. Except for items appropriated to be expended by the judicial and legislative branches, the governor may veto any specific item or items in any bill which appropriates money for specific purposes by striking out or reducing the same; but the governor shall veto other bills, if at all, only as a whole.
The governor shall have ten days to consider bills presented to the governor ten or more days before the adjournment of the legislature sine die, and if any such bill is neither signed nor returned by the governor within that time, it shall become law in like manner as if the governor had signed it.
RECONSIDERATION AFTER ADJOURNMENT
The governor shall have forty-five days, after the adjournment of the legislature sine die, to consider bills presented to the governor less than ten days before such adjournment, or presented after adjournment, and any such bill shall become law on the forty-fifth day unless the governor by proclamation shall have given ten days' notice to the legislature that the governor plans to return such bill with the governor's objections on that day. The legislature may convene at or before noon on the forty-fifth day in special session, without call, for the sole purpose of acting upon any such bill returned by the governor. In case the legislature shall fail to so convene, such bill shall not become law. Any such bill may be amended to meet the governor's objections and, if so amended and passed, only one reading being required in each house for such passage, it shall be presented again to the governor, but shall become law only if the governor shall sign it within ten days after presentation.
In computing the number of days designated in this section, the following days shall be excluded: Saturdays, Sundays, holidays and any days in which the legislature is in recess prior to its adjournment as provided in section 10 of this article. [Am Const Con 1968 and election Nov 5, 1968; am SB 1943-74 (1974) and election Nov 5, 1974; ren and am Const Con 1978 and election Nov 7, 1978]
Cross References:
Computation of time, see §1-29.
Holidays, see §§8-1 and 2.
Publication of session laws by revisor of statutes, see §23G-13.
Attorney General Opinions:
An item in an appropriation bill vetoed in toto has no legal existence; excess funds from another item therein cannot be transferred to it. Att. Gen. Op. 64-3.
Effective date of an act. Absence of specific provision not fatal defect. Att. Gen. Op. 86-12.
Governor's proclamations for five bills, where the last paragraph of the proclamation for each bill referenced "House Bill No. 85", rather than the correct bill numbers mentioned in the prior two clauses of the respective proclamations, satisfied this section's requirement that "the governor by proclamation shall have given ten days' notice to the legislature that the governor plans to return such bill", such that the governor had authority to veto those bills. Att. Gen. Op. 05-2.
Case Notes:
Oahu Transportation Plan memorandum of agreement held not in violation of constitution. 389 F. Supp. 1102.
Provisions of section relating to governor's veto power do not require the legislature to enact separate bills for the legislative, judicial and executive branches. 58 H. 25, 564 P.2d 135.
Act applied from the day governor approved and signed it; no notification required. 59 H. 430, 583 P.2d 955.
The plain language of this section requires the governor to (1) give notice at any time before midnight on the tenth day prior to the forty-fifth day after adjournment sine die, and (2) return the bills he or she intends to veto no later than the forty-fifth day after adjournment sine die. 105 H. 28, 93 P.3d 670.
3.17
Procedures upon veto
Upon the receipt of a veto message from the governor, each house shall enter the same at large upon its journal and proceed to reconsider the vetoed bill, or the item or items vetoed, and again vote upon such bill, or such item or items, by ayes and noes, which shall be entered upon its journal. If after such reconsideration such bill, or such item or items, shall be approved by a two-thirds vote of all members to which each house is entitled, the same shall become law. [Ren Const Con 1978 and election Nov 7, 1978]
3.18
Punishment of nonmembers
Each house may punish by fine, or by imprisonment not exceeding thirty days, any person not a member of either house who shall be guilty of disrespect of such house by any disorderly or contemptuous behavior in its presence or that of any committee thereof; or who shall, on account of the exercise of any legislative function, threaten harm to the body or estate of any of the members of such house; or who shall assault, arrest or detain any witness or other person ordered to attend such house, on the witness' or other person's way going to or returning therefrom; or who shall rescue any person arrested by order of such house.
Any person charged with such an offense shall be informed in writing of the charge made against the person and have opportunity to present evidence and be heard in the person's own defense. [Ren and am Const Con 1978 and election Nov 7, 1978]
3.19
Impeachment
The governor and lieutenant governor, and any appointive officer for whose removal the consent of the senate is required, may be removed from office upon conviction of impeachment for such causes as may be provided by law.
The house of representatives shall have the sole power of impeachment of the governor and lieutenant governor and the senate the sole power to try such impeachments, and no such officer shall be convicted without the concurrence of two-thirds of the members of the senate. When sitting for that purpose, the members of the senate shall be on oath or affirmation and the chief justice shall preside. Subject to the provisions of this paragraph, the legislature may provide for the manner and procedure of removal by impeachment of such officers.
The legislature shall by law provide for the manner and procedure of removal by impeachment of the appointive officers.
Judgments in cases of impeachment shall not extend beyond removal from office and disqualification to hold and enjoy any office of honor, trust or profit under the State; but the person convicted may nevertheless be liable and subject to indictment, trial, judgment and punishment as provided by law. [Ren and am Const Con 1978 and election Nov 7, 1978]
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Article III - The Legislature
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