REPORT TITLE: 
Passage of legislation
DESCRIPTION: Amends Article III, section 15 of the Hawaii
Constitution to prohibit votes taken in the legislature on
legislation within twenty-four hours of a prior reading.


 
HB HMIA 99-183-2
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            1325        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     A BILL FOR AN ACT

PROPOSING A CONSTITUTIONAL AMENDMENT TO PROHIBIT VOTING ON A BILL
   WITHIN TWENTY-FOUR HOURS OF A PRIOR READING.



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


 1      SECTION 1.  The purpose of this Act is to eliminate the
 
 2 possibility of voting on second and third reading within minutes.
 
 3 The Hawaii Constitution requires a bill to pass three readings on
 
 4 separate calendar days in the legislature.  However, the phrase,
 
 5 "separate days" is not defined so a bill can pass second reading
 
 6 one minute before midnight and third reading one minute after
 
 7 midnight.
 
 8      This lack of clarity has lead to political gamesmanship and
 
 9 maneuvering by legislators for the purpose of passing favored
 
10 legislation without giving the public an opportunity to be aware
 
11 of the issue.
 
12      This abuse of the law could lead to the passage of bad law.
 
13 The public's right to be heard must be preserved.
 
14      The purpose of this Act is to propose a constitutional
 
15 amendment to insure that an adequate time is allowed between
 
16 votes so that the public has the opportunity to be heard on an
 
17 issue.  This Act provides that no reading of a bill shall occur
 
18 within twenty-four hours of a prior reading.
 
19      SECTION 2.  Article III, section 15, of the Constitution of
 

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 1 the State of Hawaii is amended to read as follows:
 
 2 
 
 3                         "PASSAGE OF BILLS
 
 4 
 
 5      Section 15.  No bill shall become law unless it shall pass
 
 6 three readings in each house on separate days; provided that no
 
 7 reading shall occur within twenty-four hours of a prior reading.
 
 8 No bill shall pass third or final reading in either house unless
 
 9 printed copies of the bill in the form to be passed shall have
 
10 been made available to the members of that house for at least
 
11 forty-eight hours. 
 
12      Every bill when passed by the house in which it originated,
 
13 or in which amendments thereto shall have originated, shall
 
14 immediately be certified by the presiding officer and clerk and
 
15 sent to the other house for consideration.
 
16      Any bill pending at the final adjournment of a regular
 
17 session in an odd-numbered year shall carry over with the same
 
18 status to the next regular session.  Before the carried-over bill
 
19 is enacted, it shall pass at least one reading in the house in
 
20 which the bill originated." 
 
21      SECTION 3.  The question to be printed on the ballot shall
 
22 be as follows:
 
23      "Shall Article III, section 15, of the Hawaii Constitution
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 be amended to provide that for purposes of passage of a bill, no
 
 2 reading in each house shall occur within twenty-four hours of
 
 3 each other?"
 
 4      SECTION 4.  New constitutional material is underscored.
 
 5      SECTION 5.  This amendment shall take effect upon compliance
 
 6 with article XVII, section 3, of the Constitution of the State of
 
 7 Hawaii. 
 
 8                         INTRODUCED BY:___________________________
 

 
HB HMIA 99-183-2