THE SENATE |
S.R. NO. |
3 |
TWENTY-SECOND LEGISLATURE, 2004 |
S.D. 1 |
|
STATE OF HAWAII |
||
AMENDING THE RULES OF THE SENATE RELATING TO COMMITTEE PROCEDURES ON DEFERRING CONSIDERATION ON A BILL.
WHEREAS, in hearings conducted during the 2003 Interim pursuant to S.R. 147, testimony was submitted concerning the practice by standing committee chairs of deferring consideration on bills without a vote; and
WHEREAS, while many chairs may have legitimate reasons for deferring bills, this practice is often seen by the public as being used too frequently, and sometimes to defeat a controversial bill without allowing for debate, taking a vote, or securing the consent of the committee; and
WHEREAS, the problems most often cited regarding this practice of deferring bills include concerns about a chair exceeding his or her authority over a bill that is properly before the committee for action, and the lack of accountability to the public for the defeat of a bill by the action of a single chair who announces a deferral; and
WHEREAS, Special Committee Report No. 1, submitted pursuant to S.R. 147 on December 22, 2003, supported the current practice of allowing chairs to defer consideration on a bill, but further stated that "in view of the public sentiment expressed at a hearing for public input..., your Committee has proposed an amendment to the Senate Rules"; and
WHEREAS, the purpose of this resolution is to use the language contained in Special Committee Report No. 1 to amend the Senate Rules to allow a chair to defer consideration on a bill without a vote, provided that reasons for the deferral are publicly stated and no committee member calls for a vote; and
WHEREAS, the rules of the Senate may be amended pursuant to Senate Rule 86, with one day's notice of the change, by a majority vote of the members of the Senate; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2004, that Senate Rule 22 be amended by adding a new subsection to be appropriately inserted and to read as follows:
"(4) The Chair of a Committee may defer indefinitely further consideration of a bill and state publicly the reasons therefore at the hearing; provided that any member of the committee may move to take a vote on that deferral, in which case the chair shall proceed to take a vote immediately or at the next scheduled hearing of the committee. Upon such motion, a majority of the quorum of the committee shall be required to defer the bill.";
and
BE IT FURTHER RESOLVED that the Clerk of the Senate shall distribute Senate Rule 22, as amended by this resolution, to all Senators and revise the Senate Rules on the Senate's website to reflect this amendment.
Report Title:
Senate Rule Amendments