WHEREAS, equality and fairness are fundamental principles of democracy that Hawaii citizens expect to be practiced in the State Legislature, particularly regarding the voting rights, rules, and procedures affecting each legislator; and

WHEREAS, the voters of each senatorial district have a right to equal representation in the Senate, which means that each senator has one vote, no more and no less; and

WHEREAS, Rule 8-b of the 2003 conference committee procedures contravenes the principle of equal voting power because it allows a conference chair to veto the passage of legislation in most situations; and

WHEREAS, the relevant text of Rule 8-b that provides enhanced voting power to a conference committee chair is, as follows: "To report a measure out of Conference Committee in amended form, a majority of the chairs for each respective chamber ... must vote in favor of the proposed amendments..."; and

WHEREAS, a conference chair's unequal voting power under Rule 8-b is illustrated by this example: one of two chairs of a senate conference committee can defeat an amendment to a bill by voting "nay", even though all of four other senate conferees, including a chair, vote "aye" -- which makes the single "nay" vote of the senate chair equal to four "aye" votes of the other senators on the conference committee; and

WHEREAS, it is the purpose of this Resolution to withdraw Senate support for the chair veto power as provided in Rule 8-b of the Joint Senate-House 2003 Committees on Conference Procedures, have Senate committees on conference conduct decision-making by majority vote, and cause the modification of the 2003 conference committee procedures to this effect; and

WHEREAS, adoption of this resolution would result in conference committee procedures comparable to those used in the 2000 Legislative Session and the 2001 procedures in effect prior to April 12, 2001, when an amendment was adopted that provided veto power to conference committee chairs; and

WHEREAS, Senate Rule 86(1) provides that the Rules of the Senate may be amended by a majority vote of the members of the Senate, after one day's notice is provided; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2003, that Senate Rule 24(3) is hereby amended to read as follows (proposed changes underlined and deletions bracketed and stricken):

and

BE IT FURTHER RESOLVED that, to ensure Senate passage of a balanced budget, the chair of the Ways and Means Committee may continue to exercise veto power over fiscal legislation in conference committees, as has long been the practice in the Senate; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Speaker and other members of the House of Representatives.

Report Title:

Conference committees, voting, rule 8-b