Report Title:

Legislature; Recess Days

 

Description:

Repeal the mandatory legislative 5-day recess.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

433

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 10, OF THE HAWAII CONSTITUTION, TO REPEAL THE MANDATORY LEGISLATIVE FIVE-DAY RECESS.

 

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

SECTION 1. The legislature finds that the original intent of the mandatory legislative five-day recess was to provide the public and legislators more time to discuss legislative issues. Admirable as this objective was, it has been less than successful. Except for hearings in some of the standing committees, very little else happens at the legislature during this period. Therefore, the purpose of this Act is to propose an amendment to article III, section 10, of the Constitution of the State of Hawaii to repeal the mandatory legislative five-day recess.

SECTION 2. Article III, section 10, of the Constitution of the State of Hawaii is amended to read as follows:

"SESSIONS

Section 10. The legislature shall convene annually in regular session at 10:00 o'clock a.m. on the third Wednesday in January.

At the written request of two-thirds of the members to which each house is entitled, the presiding officers of both houses shall convene the legislature in special session. At the written request of two-thirds of the members of the senate, the president of the senate shall convene the senate in special session for the purpose of carrying out its responsibility established by Section 3 of Article VI. The governor may convene both houses or the senate alone in special session.

Regular sessions shall be limited to a period of [sixty] sixty-five days, and special sessions shall be limited to a period of thirty days. Any session may be extended a total of not more than fifteen days. Such extension shall be granted by the presiding officers of both houses at the written request of two-thirds of the members to which each house is entitled or may be granted by the governor.

[Each regular session shall be recessed for not less than five days at some period between the twentieth and fortieth days of the regular session. The legislature shall determine the dates of the mandatory recess by concurrent resolution.] Any session may be recessed by concurrent resolution adopted by a majority of the members to which each house is entitled. [Saturdays, Sundays, holidays, the days in mandatory recess and any] Any days in recess pursuant to a concurrent resolution shall be excluded in computing the number of days of any session.

All sessions shall be held in the capital of the State. In case the capital shall be unsafe, the governor may direct that any session be held at some other place."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall the:

(1) Mandatory legislative five-day recess be repealed;

(2) Regular legislative session be extended to sixty-five days; and

(3) Mandatory exclusion of Saturdays, Sundays, and holidays in computing session days be repealed?"

SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:

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