Report Title:

Legislature; Sunshine Law; meetings

 

Description:

Requires the legislature to follow fundamental principles of the Sunshine Law, including conducting public hearings for legislative rulemaking; broadly construing written correspondence on measures as official testimony; giving 48 hours public notice for hearings; providing notice of matters pending a floor vote in the order of the day before consideration; and requiring a majority vote to suspend legislative rules.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

496

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to the legislature.

 

 

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.  This Act accomplishes this purpose by doing the following:

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

     (2)  Provide that correspondence, including messages from the governor, submitted on a measure shall be considered and treated as testimony on the measure;

     (3)  Institute a forty-eight hour public notice requirement for committee hearings to ensure reasonable opportunity for public input and testimony on legislation;

     (4)  Require that all floor votes, except on first reading, be printed on the order of the day for the day prior to consideration; and

     (5)  Require a majority vote of the house for that house to suspend a legislative rule.

     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-   Testimony and public notice.   (a)  Public notice shall be provided at least forty-eight hours before a hearing.  The forty-eight hour period shall exclude Sundays and state holidays.  A house, or a committee thereof, shall conduct a public hearing on all major substantive provisions made by that house in any legislative measure before the house votes to approve the measure.

     (b)  All correspondence submitted on a measure, including messages from the governor, shall be considered official testimony for the record.

     §92-   Rules of the legislature.  Each legislative house shall adopt official rules and policies only after a public hearing is held on the proposed rules and policies and by a majority vote of the members to which the house in entitled.  Suspension of a legislative rule by a house shall require an affirmative vote of a majority of that house's members to which that house is entitled.

     §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 on 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] 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 provided for in part    and  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.  Similarly, provisions relating to notice, agenda and minutes of meetings, and such other requirements as may be necessary, shall also be governed by part    and 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:

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