Report Title:

Legislative Sunshine Requirements

Description:

Requires the legislature to follow fundamental principles of the sunshine law, including conduct public hearings on legislative rules; deeming correspondence on measures to be testimony; 48-hour public notice for hearings; second and third reading votes in the order of the day; and majority vote to suspend legislative rules.

THE SENATE

S.B. NO.

1062

TWENTY-THIRD LEGISLATURE, 2005

 

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. These include the following:

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

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

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

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

(5) Require a majority vote 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 forty-eight hours before a hearing. The forty-eight hour period shall exclude Sundays and state holidays. A public hearing shall be conducted on all major substantive provisions in legislation to be adopted.

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

§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-   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 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   . 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 on July 1, 2005.

INTRODUCED BY:

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