REPORT TITLE:
Restriction on Bill Introduction


DESCRIPTION:
Prohibits the Legislature from introducing bills other than those
that relate to appropriations, repeal existing laws, are urgency
measures, other named measures, in the first year of a
legislative session.  Labels even-numbered year sessions as
general sessions and odd-numbered year sessions as budget
sessions.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1227
NINETEENTH LEGISLATURE, 1999                               
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

PROPOSING A CONSTITUTIONAL AMENDMENT RELATING TO THE LEGISLATURE.



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

 1      SECTION 1.  The legislature finds that in the first year of
 
 2 a legislative session, thousands of bills are introduced in both
 
 3 houses of the legislature and more are introduced during the
 
 4 second year of each legislative session.  The volume of bills
 
 5 makes the process of deliberating virtually meaningless.
 
 6      The duty to enact laws addressing critical issues facing our
 
 7 society is of paramount importance.  The legislative process must
 
 8 be open, it must be responsible, and it should promote
 
 9 deliberation rather than haste.  This is not the case today and
 
10 changes must be made for the welfare of our State.
 
11      By focusing the first year of a legislative session on
 
12 specific types of measures, there will be more time for
 
13 deliberation and reflection and more opportunity to provide the
 
14 level of scrutiny which every legislative measure should receive.
 
15 Moreover, consideration of bills to repeal existing laws more
 
16 attention and thought on the need to repeal statutory provisions
 
17 which are no longer viable, useful, or pertinent.  The
 
18 Declaration of Independence of the United States reminds us that
 
19 the citizens of our society are endowed with certain inalienable
 

 
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 1 rights - life, liberty, and the pursuit of happiness.  Our
 
 2 government must be a protector, not a destroyer of those rights.
 
 3 Any society burdened with too many laws and regulations, any
 
 4 society which immerses its citizens in an ocean of laws cannot be
 
 5 deemed a society which values and respects the freedom of its
 
 6 citizens.  Our society has been overwhelmed by laws and it is
 
 7 only appropriate that equal attention be given to the repeal of
 
 8 laws as to the enactment of laws necessary to guide our society
 
 9 and protect the health and welfare of its citizens.
 
10      Accordingly, the legislature believes that it is in the
 
11 public interest that the odd-numbered year of each legislative
 
12 session be focused on the consideration and enactment of specific
 
13 types of legislation, to wit, a supplemental appropriations bill,
 
14 bills to authorize proposed capital expenditures and the revenue
 
15 bills necessary therefor, urgency measures deemed necessary in
 
16 the  public interest, bills to call for elections or to propose
 
17 constitutional ammendments, bills to repeal existing laws, bills
 
18 to provide for the expenses of the session and any special
 
19 session necessary to override a gubernatorial veto, or to
 
20 consider and act upon matters relating to the impeachment or
 
21 removal of officers.
 

 
 
 
 
 
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                                     S.B. NO.           1227
                                                        
                                                        

 
 1       The purpose of this Act is to propose amendments to article
 
 2 III of the Constitution of the State of Hawaii, to restrict the
 
 3 introduction of bills in the legislative sessions convened in
 
 4 odd-numbered years to appropriating funds, repealing existing
 
 5 law, considering carry over bills, and other enumerated subjects.
 
 6      SECTION 2.  Article III of the Constitution of the State of
 
 7 Hawaii is amended by adding a new section to read as follows:
 
 8                         "BUDGET SESSIONS
 
 9      Section 10A.  At budget sessions the legislature shall be
 
10 limited to the consideration and enactment of the supplemental
 
11 appropriations bill, bills to authorize proposed capital
 
12 expenditures, necessary revenue bills, urgency measures deemed
 
13 necessary in the public interest, bills calling elections,
 
14 proposed constitutional amendments, bills to repeal existing
 
15 laws, and bills to provide for the expenses of the session and
 
16 the special session to be convened thereafter in accordance with
 
17 section 17 of this article.  The legislature may consider and act
 
18 upon matters relating to the impeachment or removal of officers.
 
19 No urgency measure shall be considered unless a statement of
 
20 facts constituting the urgency is set forth in one section of the
 
21 bill and until the section shall have been first approved by each
 
22 house.  The approval of the urgency section and the final passage
 

 
 
 
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 1 of the urgency measure in each house shall require a two-thirds
 
 2 vote of all the members to which the house is entitled, taken by
 
 3 ayes and noes and entered upon its journal.  This section shall
 
 4 not apply to special sessions held in even numbered years."
 
 5      SECTION 3.  Article III, section 10, of the Constitution of
 
 6 the State of Hawaii is amended to read as follows:
 
 7                             "SESSIONS
 
 8      Section 10.  The legislature shall convene annually in
 
 9 [regular] session at 10:00 o'clock a.m. on the third Wednesday in
 
10 January.
 
11      Legislative sessions in even numbered years shall be known
 
12 as "general sessions" and legislative sessions in odd numbered
 
13 years shall be known as "budget sessions".
 
14      At the written request of two-thirds of the members to which
 
15 each house is entitled, the presiding officers of both houses
 
16 shall convene the legislature in special session.  At the written
 
17 request of two-thirds of the members of the senate, the president
 
18 of the senate shall convene the senate in special session for the
 
19 purpose of carrying out its responsibility established by Section
 
20 3 of Article VI.  The governor may convene both houses or the
 
21 senate alone in special session.
 
22      [Regular] General and budget sessions shall be limited to a
 
23 period of sixty days, and special sessions shall be limited to a
 

 
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                                     S.B. NO.           1227
                                                        
                                                        

 
 1 period of thirty days.  Any session may be extended a total of
 
 2 not more than fifteen days.  Such extension shall be granted by
 
 3 the presiding officers of both houses at the written request of
 
 4 two-thirds of the members to which each house is entitled or may
 
 5 be granted by the governor.
 
 6      Each [regular] general and budget session shall be recessed
 
 7 for not less than five days at some period between the twentieth
 
 8 and fortieth days of the [regular] general and budget session.
 
 9 The legislature shall determine the dates of the mandatory recess
 
10 by concurrent resolution.  Any session may be recessed by
 
11 concurrent resolution adopted by a majority of the members to
 
12 which each house is entitled.  Saturdays, Sundays, holidays, the
 
13 days in mandatory recess and any days in recess pursuant to a
 
14 concurrent resolution shall be excluded in computing the number
 
15 of days of any session.
 
16      All sessions shall be held in the capital of the State.  In
 
17 case the capital shall be unsafe, the governor may direct that
 
18 any session be held at some other place."  
 
19      SECTION 4.  The question to be printed on the ballot shall
 
20 be as follows:
 
21      "Shall the Constitution of the State of Hawaii be amended to
 
22      specify that the legislature in each even-numbered year
 
23      legislative session be limited to the consideration and
 

 
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 1      enactment of the supplemental appropriations bill, bills to
 
 2      authorize proposed capital expenditures and necessary
 
 3      revenue bills, urgency measures deemed necessary in the
 
 4      public interest, bills to call for elections or to propose
 
 5      constitutional amendments, bills to repeal existing laws,
 
 6      bills carried over from the preceding general session, bills
 
 7      to provide for the expenses of the session and any special
 
 8      session in order to override a gubernatorial veto, or to
 
 9      consider and act upon matters relating to the impeachment or
 
10      removal of officers?"
 
11      SECTION 5.  Constitutional material to be repealed is
 
12 bracketed.  New constitutional material is underscored.
 
13      SECTION 6.  This amendment shall take effect upon compliance
 
14 with article XVII, section 3, of the Constitution of the State of
 
15 Hawaii.
 
16 
 
17                           INTRODUCED BY:  _______________________