Report Title:

Sunshine Law, Legislature

Description:

Requires the legislature to comply with the sunshine law. Requires a public hearing before legislation is adopted, with nonwaivable 48-hour notice to the public. Requires each house of the legislature to adopt rules and policies by majority vote after public hearing.

THE SENATE

S.B. NO.

1233

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO LEGISLATIVE ACCOUNTABILITY.

 

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

SECTION 1. Article III of the state constitution provides that 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. Section 12 of this article relates to organization, discipline, rules, and procedures of both houses. These provisions allow the legislature to organize itself and adopt its own rules which may be suspended by a simple majority vote or even by contrary actions. The flexibility that this gives the houses of the legislature can be subject to abuse. The legislature believes that there are certain basic democratic principles relating to its functions that should be established by law.

The legislature enacted the sunshine law, chapter 92, Hawaii Revised Statutes, based on three principles: first, in a democratic society, all power to make decisions rests with the people; second, government agencies are created to help people further understand public policy; and third, opening up the processes to public scrutiny and participation is integral to protecting the public's interest. Section 92-1 specifically states that "the legislature declares that it is the policy of this State that the formation and conduct of public policy -- the discussions, deliberations, decisions, and action of governmental agencies shall be conducted as openly as possible." At present, however, these sunshine law requirements do not apply to the legislature.

The purpose of this Act is to apply fundamental principles of the sunshine law to the legislature and require both houses to follow certain legislative procedures and rules. These include requiring that each legislative house adopt rules only after public hearing. No rule shall be adopted that gives the vote of one member more weight than the others: democratic principles require that the votes of all members be of equal value and that no rule can give a member more weight than others. Under this Act, legislators are also required to be present for all official votes of their house.

This Act requires that all floor votes, except on first reading, shall be printed on the order of the day before consideration, and a majority vote be taken before suspending any legislative rule.

This Act requires legislative committees to receive correspondence, including governor's messages, as testimony for a bill. It also provides that all legislation receive public input before they are adopted and that there be a forty-eight-hour notice for public hearings, excluding Sunday and holidays. The public cannot participate in the legislative process without timely notice.

The purpose of this Act is to increase legislative accountability.

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) All correspondence received as testimony for a bill by legislative committees, including governor's messages, shall be considered as testimony on that bill.

(b) All legislation, including substantive amendments, shall be heard by the public before adoption, and there shall be at least forty-eight hours nonwaivable notice given before each hearing. The forty-eight-hour period shall exclude Sundays and state holidays.

§92- Rules of the legislature. Each legislative house shall adopt official rules and policies by a majority vote after a public hearing. No rule shall be adopted that gives the vote of one member more weight than the others. A majority vote shall be taken before suspending any legislative rule.

All legislators are required to be present for all scheduled votes of the legislator's house.

§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. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

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