THE SENATE	S.B. NO.	850
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO LEGISLATIVE PROVISIONS.

 

 

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

 

     SECTION 1.  The purpose of this Act is to require the legislature to follow certain fundamental principles of the sunshine law in conducting its business, including:

     (1)  Requiring each legislative house to conduct public hearings on proposed rules prior to adoption;

     (2)  Requiring a majority vote to suspend a legislative rule;

     (3)  Instituting a seventy-two hour public notice requirement for public hearings to ensure reasonable opportunity for public input and testimony on legislation;

     (4)  Requiring that proposed amendments to a bill be germane to the subject of the bill proposition, section, or paragraph to be amended.

     (5)  Requiring that correspondence received by the legislature or any of its single or joint committees on a measure be considered as testimony on the measure; and

     (6)  Requiring that all floor votes, except on first reading, be printed on the order of the day before consideration.

     SECTION 2.  Chapter 92, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    .  LEGISLATIVE PROVISIONS

     §92-    Rules of the legislature.  After a public hearing, each legislative house shall adopt official rules and policies by a majority vote.  A majority vote shall be taken before suspending any legislative rule.

     §92-    Public notice.  Public notice shall be provided seventy-two hours before a public hearing.  A public hearing shall be conducted on all major substantive provisions in legislation that is to be considered for adoption.

     §92-    Amendments shall be germane.  Every amendment proposed on a bill shall be germane to the subject of the proposition, section, or paragraph to be amended.

     §92-    Testimony.  All correspondence received by the legislature or any of its single or joint committees on a measure shall be considered as testimony on that measure.

     §92-    Agenda and voting.  All items to be voted on by each legislative house, except for first reading votes on bills, shall be printed on the order of the day before consideration, including votes to agree to amendments from the other house."

     SECTION 3.  Section 92-10, Hawaii Revised Statutes, is amended to read as follows:

     "§92-10  Legislative branch; applicability.  Notwithstanding any provisions contained in this chapter to the contrary, open meeting requirements, and provisions regarding enforcement, penalties, and sanctions, as they are to relate to the state legislature or to any of its members shall be [such as shall be] as from time to time prescribed by the respective rules and procedures of the senate and the house of representatives, which rules and procedures shall take precedence over this part[.], except as provided in part       of this chapter.  Similarly, provisions relating to notice, agenda and minutes of meetings, and [such] other requirements as may be necessary, shall also be governed by the respective rules and procedures of the senate and the house of representatives."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Sunshine Law; Legislative Requirements

 

Description:

Requires the legislature to follow fundamental principles of the sunshine law, including:  conducting public hearings on legislative rules; requiring a majority vote to suspend legislative rules; giving a seventy-two hour public notice for public hearings; requiring proposed amendments on a bill to be germane to the text to be amended; requiring correspondence on measures to be considered testimony; and requiring the posting, on the order of the day, of votes by a house to agree to amendments made by the other house.

 

 

 

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