STAND. COM. REP. 141

Honolulu, Hawaii

, 2003

RE: H.B. No. 1277

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Legislative Management, to which was referred H.B. No. 1277 entitled:

"A BILL FOR AN ACT PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 16, OF THE CONSTITUTION OF THE STATE OF HAWAII, TO PROVIDE THE LEGISLATURE WITH THE POWER TO RECALL A BILL PRESENTED TO THE GOVERNOR,"

begs leave to report as follows:

The purpose of this measure is to propose an amendment to article III, section 16, of the Hawaii Constitution to give the Legislature the power to recall a bill presented to the Governor.

This measure further provides that before the recalled bill is presented again to the Governor, it must pass one additional reading in each house during the session in which it was recalled.

Your Committee received testimony in favor of this measure from the Clerk of the Hawaii House of Representatives.

Your Committee agrees with the intent of this measure, namely, to allow the Legislature, by concurrent resolution, to recall a bill under consideration by the Governor while the Legislature is still in session. This will allow the Legislature to correct any "fatal flaws" that the bill may have, whether substantive or technical in nature, before the Governor acts on the measure.

Your Committee finds that there are certain rare instances in which these flaws are not discovered on a timely basis for conference committee reconsideration and correction. For example, in 2002 a fatal procedural flaw was found in a bill that had been transmitted to the Governor for review before the second chamber had voted on the measure for final passage, but the bill could not be recalled. Your Committee finds that this measure will provide some recourse to the Legislature if a bill is inadvertently presented to the Governor that has such a substantive or procedural error.

As affirmed by the record of votes of the members of your Committee on Legislative Management that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1277 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Legislative Management,

 

____________________________

MICHAEL Y. MAGAOAY, Chair