HAWAII LEGISLATORS' HANDBOOK 1997 Edition

Transcription

1 HAWAII LEGISLATORS' HANDBOOK 1997 Edition Revised by JEAN KADOOKA MARDFIN Researcher March Reprint Legislative Reference Bureau State Capitol Honolulu. Hawaii Price: $4.00

2 This report has been cataloged as follows: Hawaii. Legislative Reference Bureau. Hawaii legislators' handbook. Honolulu: February Hawaii. Legislature - Handbooks, manuals, etc. KFH421 A82 H

3 FOREWORD The Hawaii Legislators' Handbook is intended to provide a convenient and comprehensive reference to legislators and legislative staff of the basic information relating to the legislative process. This edition includes changes in the laws and procedures affecting the legislative process since the last edition published in March 1997 Wendell K Kimura Acting Director III

4 TABLE OF CONTENTS Page FOREWORD... iii 1. LEGISLATIVE POWERS AND FUNCTIONS LEGISLATIVE SESSIONS... 3 Regular Sessions... 3 Special Sessions... 3 Recesses and Extensions... 4 Adjournment... 5 Meeting Place Meetings and Working Hours... 5 Pre-session Meetings Interim Meetings and Hearings... 6 Executive Sessions LEGISLATIVE MEMBERS... 7 Senate... 7 House of Representatives Reapportionment and Reapportionment years Reapportionment Court Case Reapportionment Commission Results... 8 Senate Staggered Tenns... 9 Qualifications of Legislators Disqualification of Members Vacancies Compensation Constitutional Provisions Statutory Provisions Retirement Benefits Privileges of Members Discipline, Decorum, and Rules Threats and Attempted Bribery IV

5 Page 4. LEGISLATIVE ORGANlZATION Seating of Members Officers and Employees President of the Senate and Speaker of the House of Representatives Vice-President and Vice-Speaker President Pro Tempore and Speaker Pro Tempore Clerk Assistant Clerk Sergeant at Arms Chaplain Committees Standing Committees Standing Committee PersonneL Special Committees Conference Committees Committee of ilie Whole Investigating Commi ttees Interim Committees Policy Committee (House of Representatives) Committee on the Journal (House of Representatives) Joint Legislative Management Committee Joint Legislative Budget Committee Joint Legislative Access Committee DAILY LEGISLATIVE ROUTINE House of Representatives: Order of Business Senate: Order of Business ENACTMENT OF LAWS Introduction of Proposed Legislation Numbering of Bills Title of Bills First Reading Second Reading Committee Consideration Prior Concurrence Committee Reports Third Reading v

6 Page Consideration by the Second House Recall of Bill Conference Committee Consideration Final Reading Order ofpa age Engrossment and Enrollment Carried-Over Bill Constitutional Amendments Consideration by the Governor Consideration ofa Veto Publication as Law ADOPI'ION OF RESOLUTIONS AND CERTIFICATES Concurrent Resolutions Single House Resolutions Certificates VOTING Voice Vote Vote by Raising of Hands Vote by Standing or Rising Vote by Roll Call Voting by Unanimous Consent Voting by Modified Consent Calendar (House of Representatives Voting Right. of Members Required Vote..._ PARLIAMENTARY PROCEDURE Decisions; Appeals Obtaining the Floor Question of Personal Privilege, Point or Order, Request for Information, and Call for a Division of the House Motions Reconsideration of Drafts to a Bill After Deadlines vi

7 Page 10. LEGISLATIVE SERVICE AGENCIES AND OFFICES PART! Offices of the House and Senate Clerks House and Senate Sergeants~at~.Anns Other Staff Offices Serving Each House Partisan Staff Offices PART II Office of the Auditor Appointment; Term of Office Responsibilities Powers Legislative Advisory Committee Office of the Legislative Reference Bureau Establishment and Responsibilities Research Statute Revision Legislative Infonnation Systems Office (LISO) Legislative Reference Bureau Library Public Access Room The Ombudsman Office of the Legislative Analyst RESEARCH SERVICES AND RESOURCES Staff Manuals Research Services Drafting of Legislative Measures Legislative Journals Supplies and Mail Distribution Law Rule Digests of Bills Introduced SHADOW Information System HO'IKE Bill Status Database Listings of Bills Passed Printed Copies of Bills Compilation of Requests Made by the Hawaii Legislature Legislative Reference Bureau Library Newsletters and VIl

8 Page Acquisition Lists Guide to Government in Hawaii and Directory of State, County, and Federal Officiat Hawaii Administrative Rules Directory Table of Sections of the Statutory Sections Implemented How to Research Constitutional, Legislative, and Statutory History in Hawaii ETHICS The State Ethics Commission Administration and Enforcement Gifts Gifts Disclosure Confidential InfoI'Illation Fair Treatment Conflicts of Inter est Contracts Financial Disclosure Former Legislators Lobbyist Registration GLOSSARy INDEX Appendices A Provisions of the Constitution of the State of Hawaii Establishing and Governing the State Legislature B. Maps of Election Districts Statewide Island of Hawaii Island ofmaui Island ofkauai Island of Oahu viii

9 Page C. 1. Rules of the Senate, State of Hawaii, the Nineteenth State Legislature ( ) Rules of the House of Representatives, State of Hawaii, the Nineteenth State Legislature ( ) D. Length of Legislative Sessions, Territory and State of Hawaii E. Table of Presiding Officers, Hawaii Legislature , Regular and Special Sessions F. 1. Record of Measures Introduced, Enacted and Vetoed, Hawaii Legislature Record of Measures Introduced, Enacted and Vetoed, Hawaii Legislature Record of Resolutions Offered and Adopted, Hawaii Legislature Chart How a Bill Becomes Law in Hawaii ix

10 Chapter 1 LEGISLATIVE POWERS AND FUNCTIONS The legislative power of the State shall be vested in a legislature. which shall consist of two houses, a senate and a house of representatives. Such power shall extend to all rightful subjects of legislation not inconsistent with this constitution or the Constitution of the United States. (Hawaii Comt. arl. Ill, 1) The Hawaii State Legislature, as mandated by Article III of the Hawaii Constitution, is the law-making body of state government. Because no provisions are made for the procedures of initiative and referendum, participation by the electorate in legislation is through communication with the Legislature. In addition to law-making, the Legislature performs other functions which include: 1. Fact finding investigation. During legislative sessions and often during the interim period between sessions, committees of both houses of the Legislature conduct reviews of programs, laws, financial plans, and other matters over which they have responsibility. This investigative power stems from the Legislature's need to ascertain facts before enacting raws. (HRS, chapter 21; Senate Rule 24; House Rules 27.10, 53. V 2. Receiving and considering requests and petitions. Special interest groups and individuals often submit petitions and requests calling attention to allegedly bad laws or faulty administration of services. These communications are a type of feedback for legislative action and a means of maintaining a dialogue between tl).e Legislature and its constituency. 3. Confirming gubernatorial appointments. The Senate has the prerogative of confirming officers appointed by the Governor. Article V, Section 6, of the Hawaii Constitution requires that the Governor obtain the "C!,dvice and consent" of the Senate for both the appointment and removal of designated officers. (Senate Rule 36) 4. Proposing amendments to the Constitution. Article XVII, Section 3, of the Hawaii Constitution allows the Legislature to propose amendments to the Constitution by adopting the proposals in the same manner required for enacting legislation. Proposed constitutional amendments may be adopted by a majority vote of each house on final reading at each of two successive sessions, or by a two-thirds vote of each house on final reading at any session and after either or both houses of the Legislature have given the Governor at least ten days' written notice of the final fonn of the proposed amendment. Any proposed constitutional amendment adopted by the Legislature shall be 1

11 HAWAII LEGISLATORS' HANDBOOK submitted to the electorate for approval or disapproval at the next general election. 5. Exercising quasi-judicial authority to punish in cases of certain offenses against the Legislature or its members. Article III, Section 18, ofilie Hawaii Constitution empowers each house to punish any person who is not a member of either house for certain offenses against the Legislature. In addition, each house of the Legislature may discipline any of its members. Article III, Section 12, of the Hawaii Constitution, empowers each house to punish any member for misconduct, disorderly behavior, or neglect of duty. (Senate Rule 72; House Rule 28.3) 6. Impeachment of the Governor and Lieutenant Governor. Article III, Section 19, of the Hawaii Constitution gives the House of Representatives the sole power of impeachment of the Governor and Lieutenant Governor, and the Senate the sole power to try such impeachments. Impeachment proceedings require the concurrence of two-thirds of the Senate's members for conviction. The Legislature is also responsible for providing by law, the manner and procedure of removal by impeachment of appointive officers. See Appendix A for the provisions from the Hawaii Constitution governing the Legislature. 2

12 Chapter 2 LEGISLATIVE SESSIONS During the period when Hawaii was a territory, legislative sessions were held biennially and were limited to sixty days, excluding only Sundays and holidays. Special sessions could only be convened by the Governor and had no time limit. In addition, the Governor was required to convene an "extra session" if the Legislature failed to appropriate funds to operate the government and these sessions, like special sessions, had no time limit. After Hawaii became a state in 1959, the Legislature convened annually, but sessions during even-numbered years were only for budget consideration and were limited to thirty days. Amendments to the Hawaii Constitution in 1968 provided for annual regular legislative sessions with a sixty-day limit; excluded Saturdays as well as Sundays and holidays from the computation of legislative days; and authorized the Legislature, as well as the Governor, to call a special session or to extend a session. Regular Sessions In accordance with Article III, Section 10, of the Hawaii Constitution, the Legislature convenes annually in regular session at 10:00 o'clock a.m. on the third Wednesday in January. Regular sessions of the Legislature are limited to sixty legislative days. In computing the number of legislative days of any session, Saturdays, Sundays, holidays, the days in mandatory recess, and any days in recess pursuant to a concurrent resolution are excluded. (See Appendix D for a history of the length of past sessions.) Special Sessions At the written request of two-thirds of the members of each house, the presiding officers of both houses are required to convene the Legislature in special session. Special sessions may also be convened by the Governor, who may call both houses or the Senate alone into special session. In addition, the Senate may convene itself at the written request of two-thirds of its members to carry out its responsibilities regarding the appointment of justices and judges. (Hawaii Canst. art. III, 10; Senate Rule 30; House Rule 25) In another type of special session, the Legislature may convene itself when the Governor, by proclamation, gives it ten days' notice of intent to veto a bill. Any bill presented to the Governor less than ten days before adjournment or after adjournment of the Legislature becomes law on the forty-fifl:h day (excluding Saturdays, Sundays, holidays, and any days in recess) unless the Governor gives ten days' notice to the Legislature of the intent to return the bill with objections. The Legislature may then convene in special session, without call, for the sole purpose of acting upon the vetoed measure. During this type of special session, the Legislature may either pass the bill, overriding the Governor's veto, or amend it to satisfy the Governor's objections. If an amended bill is passed by the 3

13 HAWAII LEGISLATORS' HANDBOOK special session and presented to the Governor, it becomes law only if the Governor signs it within ten days. (Hawaii Const. art. III, 15, 16) For example, after receiving the Governor's veto messages, following the Regular Session of 1974, the Legislature reconvened in special session to consider one afthe vetoed measures, a welfare reform bill. During the two-day session, the vetoed measure was amended to meet the Governor's objections, passed by the Legislature, and subsequently signed into law by the Governor. Recesses and Extensions In 1978 the voters ratified a constitutional amendment requiring each regular session to be recessed for not less than five days, sometime between the twentieth and fortieth days of the regular session. The dates of this mandatory recess are to be determined by the Legislature by concurrent resolution and are excluded in computing the legislative days in a session. (Hawaii Const. art. III, 10; Senate Rule 29; House Rule 20.3) In 1996, for example, the Legislature adopted House Concurrent Resolution No.1 declaring February 22nd through 28th as the five days of mandatory recess. Any session may be recessed by concurrent resolution adopted by a majority of the members of each house. The days in recess pursuant to a concurrent resolution are excluded in computing the legislative days in a session. (Hawaii Const. art. III, 10; Senate Rule 29; House Rule 20.3) In 1970, for example, when the capital improvements bill was mired in a Senate-House conference committee during the closing days of the session, the Legislature adopted House Concurrent Resolution No. 120, which recessed the Regular Session of 1970 for three calendar days. The concurrent resolution declared that a recess was necessary "to effect the passage of essential legislation". In recent years, the Legislature has used this authority more liberally to strategically set recess days around important deadlines in the legislative timetable to allow more time for committee hearings and deliberation and to afford the public more reasonable opportunity to keep abreast of legislative activity. During the 1996 session, the Legislature also declared recesses on January 23rd and 29th, March 4th, 6th, and 18th, and April 8th. A session may be extended for a total of not more than fifteen days. There are two ways that a legislative session can be extended. The presiding officers of both houses, at the written request of two-thirds of the members of each house, must grant an extension of a session. An extension may also be granted by the Governor. (Hawaii Const. art. III, 10; Senate Rule 28; House Rule 24) During the Regular Session of 1980, for example, several extensions were granted. In the closing minutes of the sixtieth day, the Governor, using the powers vested by Section 10, Article III, of the Hawaii Constitution, granted a number of extensions to the Legislature. On the sixty~ ifth day, with the dispute on the money bills resolved by the two houses, and the Governor out of State, a petition with a sufficient number of members signing was submitted to the President of the Senate and to the Speaker of the House of Representatives, requesting an extension of twelve hours. As 4

14 LEGISLATIVE SESSIONS required by Section 10, Article III of the Hawaii Constitution, both presiding officers extended the legislative session for the requested period. Adjournment Neither house of the Legislature may adjourn during any session of the Legislature for more than three days, or "sine die" (indefinitely), without the consent of the other house. (Hawaii Const. art. III, 11; Senate Rule 31; House Rule 23) Meeting Place The Hawaii Constitution requires that all sessions of the LegislatW'e be held in the State's capital which, at the present time, is Honolulu. However, in the event the capital is determined to be unsafe, the Governor may direct that a session shall be held elsewhere. (Hawaii Const. art. In, 10; Senate Rule 37) Meetings and Working Hours Mter the ceremony of the opening day of a regular session, the Legislature settles into a routine of caucuses, meetings, hearings, and daily legislative sessions. Each house usually meets in its chambers for the transaction of business on every legislative day. The Legislature is constitutionally required to convene at 10:00 o'clock a.m. on the first legislative day; however, the time of all subsequent daily sessions in each house is fixed by motion on the floor. Recesses during, and the adjournment of, the daily sessions too, are by motion. (Senate Rule 26; HQuse Rule 20) In recent years, the respective houses have allowed legislators to prefile bills and resolutions a few days before the opening day of a legislative session in an even numbered year. (House Rule 43) For example, in 1996, the Clerk of the House of Representatives accepted prefiled measures from seven calendar days before opening day. While the Senate rules do not specifically provide for preflling, the Senate similarly allowed the prefiling of measures during that same period. With the introduction of bills, the pace of the Legislature picks up and the legislator's schedule becomes an endless program of hearings and meetings. Committee meetings and hearings are scheduled during the morning hours prior to the daily session, throughout the afternoon, and frequently in the evening and on weekends. During periods of recess, while the houses do not meet in their respective chambers, legislative offices remain open and hearings and meetings are often scheduled. As more bills are reported out by the committees, meetings of both houses extend to include afternoon and evening sessions. During the last weeks of a session, with the tremendous volume of bills and other legislative measures awaiting action, a legislative day 5

15 HAWAII LEGISLATORS' HANDBOOK seems to be one long meeting broken by frequent recesses to allow the service facilities, such as printing, to catch up with the pace. Pre-session Meetings Legislators generally meet informally in advance of the first day of the regular session in order to expedite the legislative process. These meetings are held to make organizational arrangements, provide staff for both houses and their committees, gather information, test public opinion, and finalize legislative programs for the oncoming session. A legislative timetable which sets deadlines for the introduction and movement of bills through the session, is usually established during this period. Interim Meetings and Hearings Interim meetings and hearings are held by committees authorized to meet during the period between regular sessions. Interim committees may exercise their powers when provided for by law or by a concurrent or single house resolution. They are usually empowered to investigate particular problems and report to the next regular session. Interim committees provide the opportunity for more extensive deliberation and continuity from one regular session to the next. The expenses of the committees are defrayed by payment authorization provisions in the legislative appropriation act. Executive Sessions The Senate provides for executive sessions when it must act confidentially on a communication from the Governor or upon any nomination or other confidential and private matter raised by a Senator. (Senate Rule 34) 6

16 Chapter 3 LEGISLATIVE MEMBERS Senate The Senate is a body of twenty-five elected by qualified voters of the respective senatorial districts. Senators serve for a term of four years beginning with their election and ending on the day of the second general election after their election. (Hawati Canst. art. Ill, 2, 4) House of Representatives The fifty-one members of the House of Representatives are also elected by qualified voters of the respective representative districts. Representatives, however, serve for a term of two years beginning with their election and ending on the day of the next general election. (Hawaii Const. art. III, 3, 4) Reapportionment and Reapportionment Years (Hawaii Const. art. N; HRS 25 1 to 25 8) The year 1981 and every tenth year thereafter are reapportionment years for the Legislature. A Reapportionment Commission is constituted on March 1 of each reapportionment year and when required by a court order. The Reapportionment Commission consists of nine members. The President of the Senate and the Speaker of the House each select two members of the Commission. The minority members of each house designate one of their members each to select two members of the Commission. The eight members selected and certified with the chief election officer then have thirty days to select, by a vote of six members, and certify with the chief election officer the ninth member, who serves as chairperson of the Commission. In addition, the four designated selecting authorities also select one person from each basic island unit (county) to an Apportionment Advisory Council. The Apportionment Advisory Councils serve in an advisory capacity to the Commission on matters relating to their county. Each Council remains in existence for the life of the Commission. Any vacancy in the Commission or a council is to be filled by the initial appointing authority. If any positions or vacancies are not filled within the specified times, they are to be filled by the Supreme Court, as happened with the Chairperson of the 1981 Reapportionment Commission. 7

17 HAWAII LEGISLATORS' HANDBOOK The Commission acts by majority vote of its membership and establishes its own operating procedures except where provided for by law. The Commission is required to submit to the chief election officer a final legislative reapportionment plan within one hundred fifty days, and a final congressional reapportionment plan within eighty days, of the date all members of the Commission are certified. The chief election officer is then required to publish a final plan in a newspaper of general circulation within ten days and, upon such publication, that plan becomes effective on the date of filing and will govern the election of members for the next five succeeding legislatures and congresses Reapportionment Court Case On September 28, 1981, the 1981 Reapportionment Commission completed and filed its plan with the Lieutenant Governor. The plan, which provided for small multi-member districts, was based on the number of registered voters in the last preceding general election in accordance with state constitutional requirements. (Hawaii Const. art. N, 4) The plan was challenged in court and in March, 1982, the United States District Court invalidated the Commission's reapportionment plan on the basis that the use of a registered voter base resulted in an apportionment plan which did not comport with federal constitutional requirements. {Travis et al. v. King, 552 F. Supp. 554 (D.C. Haw.; 1982)) Since it was impossible for the Commission to develop a new plan in time for the 1982 elections, the court, in May, 1982, adopted a reapportionment plan developed by a panel of courtappointed masters. The court plan divided the State into twenty-five single-member senatorial districts and fifty-one single-member representative districts. The court plan was based on total population less nonresident military personnel and their dependents. The court plan was intended only as an interim plan and the court retained jurisdiction over the reapportionment case until the State adopted a valid permanent plan. On January 9, 1984, the Reapportionment Commission submitted its adopted plan to the Lieutenant Governor. Like the interim court plan, the Commission's plan established single-member districts. The Commission's final plan has been used for all elections from 1984 to For the 1994 and 1996 elections, the House and Senate members were elected from districts delineated by the 1991 Reapportionment Commission Reapportionment Commission Results The 1991 Reapportionment Commission filed its final reapportionment plan containing the House and Senate districting plans with the chief election officer on July and submitted its Final Report and Reapportionment Plan to the Sixteenth Legislature, Regular Session of The Commission's final legislative plan was based upon a permanent resident population base, using the April 1, 1991 census figures from the 1990 census with an adjustment to subtract the number of nonresident military personnel and dependents. 8

18 LEGISLATIVE MEMBERS The House districting plan created fifty~one single-member representative districts and the Senate districting plan created twenty-five single-member senatorial districts. There was a "canoe" district (a single district covering portions of more than one island) for Kauai and Maui in the House and another canoe district in the Senate made up of a portion of a district in North Kauai and East Maui. While the 1991 Commission recognized that "the 1968 Constitutional Convention had devised the allocation of legislative seats among the basic island units based on the method of equal proportions to preserve the integrity of the basic island units and confine all districts within the respective basic island units, the commission was not able to carry out the mandate in a manner as would withstand federal constitutional muster". The Commission calculated the theoretical number of House and Senate seats which might be assigned to each basic island unit by the statewide average number of permanent residents per representative and per senator. This theoretical assignment resulted in an allocation of fractions of a seat among basic island units. Previously, in Burns v. Gill, 316 F. Supp (1970), the federal district court ruled that such fractional voting was invalid and constitutionally impennissible. In order to be consistent with the equal protection principle, the Commission determined that "a canoe district for the House and a canoe district for the Senate, each shared between the basic island units of Maui and Kauai, would do the least violence to the integrity of the basic island units". Three constitutional amendments proposed by the Legislature in 1992 were all ratified by the voters on November 3, 1992: (a) First, to constitute the Reapportionment Commission on or before May 1 instead of March 1 of each reapportionment year. (b) (c) Second, to require the reapportionment commission to use the total number of permanent residents instead of the number of registered voters as the reapportionment base. Third, to repeal the constitutional provision for holdover senators so that the terms of all senators will end at the general election at which a new apportionment plan becomes effective and the assignment of staggered terms is recomputed as of that general election. (See Appendix B for the maps and descriptions of the districtsj Senate Staggered Terms The 1978 Constitutional Convention added a new provision to the Hawaii Constitution to stagger the terms of members of the Senate. The staggered terms were established in the 1978 general election by dividing the members of the Senate into two classes. The first class consisted of the senators elected with the highest number of votes in 9

19 HAWAII LEGISLATORS' HANDBOOK their district. The twelve members of the first class held office for four years. The thirteen members of the second class held office for two years and ran for office again in 1980 for a four-year tenn. (Hawaii Const. art. XVIII, 2) The 1978 Constitutional Convention also added a provision to the Hawaii Constitution allowing senators to complete their term of office after reapportionment. (Hawaii Const. art. IV, 7) This "holdover" provision authorizes the Reapportionment Commission to designate in its reapportionment plan the senatorial district a senator is to represent for the remaining period of the senator's tenn, if the senator is serving a term which extends past the general election at which the reapportionment plan becomes effective. Under the constitutional provision, a senator need not live in the senatorial district to which the senator is designated as representing during the remainder of the term. In accordance with the constitutional provision, the Reapportionment Commission, as part of its final plan adopted in 1992, designated those senatorial districts represented by senators with terms extending beyond the 1992 elections as holdovers not subject to election in Since that holdover designation, the senatorial districts subject to elections on a staggered basis have been as follows: 1994,1998 Senatorial District # 1 Senatorial District # 4 Senatorial District # 6 Senatorial District # 7 Senatorial District #10 Senatorial District #13 Senatorial District #17 Senatorial District #18 Senatorial District #19 Senatorial District #21 Senatorial District #22 Senatorial District # ,2000 Senatorial District #: 2 Senatorial District # 3 Senatorial District # 5 Senatorial District # 8 Senatorial District # 9 Senatorial District #11 Senatorial District #12 Senatorial District #14 Senatorial District #15 Senatorial District #16 Senatorial District #20 Senatorial District #24 Senatorial District #25 Qualifications of Legislators To be eligible to serve as a member of the Senate, a person must have attained the age of majority. A senator must also be an American citizen, a resident of the State for not less than three years, and a qualified voter of the senatorial district from which elected. A representative must be similarly qualified except that the representative must be a qualified voter of the representative district from which elected. (Hawaii Const. art. III, 6) 10

20 LEGISLATIVE MEMBERS The Supreme Court of the State of Hawaii has ruled that candidates for legislative offices must meet the qualifications of the office by the date of the general election. (Hayes v. Gill, 52 H. 251, 473 P.2d 872 (1970)) Disqualification of Members No legislator shall hold any other public office under the State nor shall the legislator, during the term of office, be elected to or appointed to any public office or employment which has been created or the emoluments whereof shall have been increased during such tenn. The term "public office" does not include notaries public, reserve police officers, or officers of emergency organizations for civilian defense or disaster relief. A legislator may be disqualified for such other circumstances as may be prescribed by the Legislature. (Hawaii Const. art. IlI. 8) Vacancies Any vacancy in the legislawe shall be filled for the unexpired term in such manner as may be provided by law, or, if no provision be made by law, by appointment by the governor for the unexpired tenn. (Hawaii Const. an. Ill, 5) Whenever there is a vacancy in the membership of the Senate, the term of which ends at the next general election, the Governor shall make an appointment to fill the vacancy for the unexpired term. The appointee must be of the same political party or nonpartisanship as the person the appointee succeeds. (HRS 17-3) In the case of a vacancy occurring in the Senate, the term of which does not end at the next general election: (1) If the vacancy occurs not later than on the tenth day prior to the close of filing for the next primary election, the vacancy is filled for the unexpired term at the next general election. Pending the election, the Governor makes a temporary appointment to fill the vacancy with a person of the same political party or nonpartisanship as the person succeeded. (2) If the vacancy occurs later than on the tenth day prior to the close of filing for the next primary election but not later than on the thirtieth day prior to the next primary election, or if there are no qualified candidates for any party or nonpartisan candidates qualified for the primary election ballot, nominations for the unexpired term may be filed not later than on the thirtieth day prior to the next primary election. Pending the election, the governor shall make a temporary appointment to fill the vacancy with a person of the same political party or nonpartisanship as the person succeeded. 11

21 HAWAII legislators' HANDBOOK (3) If the vacancy occurs after the thirtieth day prior to the next primary but not later than on the thirtieth day prior to the next general election, or if there are no qualified candidates for any party or nonpartisan candidates in the primary election, the vacancy shall be filled for the unexpired term at the next general election. In this situation, party candidates for the unexpired term are nominated by the county committees of the parties not later than on the thirtieth day prior to the general election, and nonpartisan candidates may similarly file. However, the nonpartisan candidate who is to be nominated is to be decided by lot under the supervision of the chief election officer. Pending the election, the Governor makes a temporary appointment to fill the vacancy with a person of the same political party or nonpartisanship as the person succeeded. (4) If the vacancy occurs after the thirtieth day prior to the next general election, or no candidates are nominated, the Governor fills the vacancy for the unexpired term by appointment. The appointee must be of the same political party or nonpartisanship as the person succeeded. Any vacancy in the mem bership of the House of Representatives is filled by the Governor, who makes an appointment for the unexpired term. The appointee must be of the same political party or nonpartisanship as the person the appointee succeeds. (HRS 17-4J Compensation Constitutional Provisions. Under Article III, Section 9, of the Hawaii Constitution, members of the Legislature are authorized to receive allowances reasonably related to expenses. As mandated by Article Ill, Section 9, of the Hawaii Constitution, in 1978 and every eighth year after that, the Governor shall appoint a Commission on Legislative Salary on or before November 30. The Commission is to submit to the Legislature and the Governor, not later than the fortieth legislative day. recommendations for a salary plan for the members of the Legislature. After submitting its recommendations for a salary plan, the Commission dissolves. The salary plan becomes effective as provided in the plan unless the Legislature disapproves the plan by adopting a concurrent resolution before the adjournment sine die of the legislative session to which the plan is submitted or unless the Governor disapproves the plan by a message of disapproval transmitted to the Legislature before such adjournment. Any change in salary which becomes effective does not apply to the Legislature to which the recommendation for the change in salary was submitted. The 1994 Commission on Legislative Salary examined six. different scenarios for determining legislative salaries in Its final choice recommended that: (1) No salary increase be given in 1997, to reflect the state of the economy and the prevailing sentiment of the general public; 12

22 LEGISLATIVE MEMBERS (2) Legislative pay raises be based on the average percentage increase in those collective bargaining unit contracts negotiated by the Office of Collective Bargaining within the Governor's Office; and (3) Any such increase be added to the current salary of members of the Legislature, which is $37,000 for the Senate President and House Speaker, and $32,000 for the remaining members of the legislatw'e. The rationale was that appropriate raises would be justifiable when the State's economy recovered. The Commission also made several non-binding recommendations: (1) That the Legislature review the possibility of having some form of legislative salary review more often than every eight years. This would require a constitutional amendment to Article III, Section 9j (2) That the Legislature review the amount of per diem allotted to legislators in that prices have continued to rise, while the per diem has remained constant; and (3) That the Legislature review the necessity and appropriateness of the socalled "high three" pension formula The salary plan as recommended by the Commission was rejected by the Legislature in (SeR No. 162, 1995) Statutory Provisions. In addition to the annual salary, each legislator receives an allowance for personal expenses while attending any session of the Legislature. Each legislator receives an annual allowance of $5,000 to cover incidental expenses connected with legislative duties. (HRS 24-1) Neighbor island legislators receive an additional allowance of $80 a day to cover lodging and incidental expenses, excluding travel expenses. This allowance is paid for each day, from the first to the last day of session, including Saturdays, Sundays, holidays, and days in recess pursuant to a concurrent resolution, except when the Legislature is recessed for more than three days pursuant to a concurrent resolution, or for days of unexcused absence. (HRS 24 2) During a legislative session, legislators receive an allowance for expenses while traveling on official business within the State. Legislators required to remain away from the island of their legal residence overnight or longer while on official legislative business during a session, when authorized by the respective presiding officer, receive an allowance for personal expenses, excluding travel expenses. The allowance is equal to the maximum allowance for such expenses payable to any public officer or employee ($80 a day). This allowance is in addition to the allowance neighbor island legislators receive for attendance at a session of the Legislature on Oahu. (HRS 24 3) 13

23 HAWAII LEGISLATORS' HANDBOOK Legislators, in addition, receive an allowance for expenses while on official legislative business during periods of recess for more than three days pursuant to a concurrent resolution or for any interim official legislative business. When authorized by the presiding officer of their respective house, legislators receive an allowance of$10 a day for personal expenses while on the island of legal residence during these periods. Legislators, who during these periods are on official legislative business within the State but away from their island of legal residence, when authorized by the respective presiding officer, receive an allowance for personal expenses when required to stay overnight or longer. The allowance is $80 a day. (HRS 24-4) While on official legislative business out of the State authorized by their respective presiding officer, legislators receive an allowance for personal expenses, excluding travel expenses. The allowance is equal to the maximum allowance for such expenses payable to any public officer or employee ($130 a day). IHRS 24 5) Travel expenses connected with official legislative business are allowed with the approval of the presiding officer of the respective house. (HRS 24-6) The Senate and the House of Representatives each have a contingency fund for their expenses. Moneys in the contingency fund are used to cover the expenses of social occasions hosted by each house as a whole and other social occasions as authorized by the presiding officer of the respective house. (HRS 24.7) Annual Salary Allowances Legislative Compensation and Allowances Effective January 1, 1993 Members... $32,000 Presiding Officers... $37,000 Annual allowance for incidental expenses... $ 5,000 Neighbor island legislators additional allowance during session... $8OIday While on official legislative business authorized by presiding officer dwing recess and interim periods: If on island of residence... $lo/day If on another island... $80/day... $80/day 14

24 LEGISLATIVE MEMBERS Travel Allowances To another island while on official legislative business... $80/day Out-of-state while on official legislative business... $130/day Retirement Benefits At the legislator's option, a legislator may become a member of the Employees' Retirement System of the State of Hawaii and, upon retirement) receive benefits jointly financed by the legislator's contributions and the State. Members of the Legislature first became eligible for membership on July I, All service performed as a legislator since July 1, 1951 (plus prior service recognized under rules arthe trustees of the system), may be included in computing the term of membership in the system. No member may receive any pension or retirement allowance from any other retirement system supported wholly or in part by the State or any county. except as provided by Title II of the Federal Social Security Act. (HRS 88 42, 88 52) Privileges of Members No member of the Legislature can be held to answer before any tribunal for any statement made or action taken in the exercise of legislative functions; and in all cases, except felony or breach of peace, legislative members are privileged from arrest during their attendance at the sessions of their respective houses, and in going to and returning from the same. (Hawaii Const. art. Ill, 7; see Abercrombie v. McClung, 55 H. 595, 525 P. 2d 594 (1974)) Discipline, Decorum, and Rules Each house of the Legislature has the power to punish its own members for misconduct, disorderly behavior, or neglect of duty. The members may vote to censure the offender or, by a two thirds vote of the members of the particular house, may suspend or expel the offender. Each house of the Legislature chooses its own officers, drafts and adopts its own rules of proceedings, and keeps ajournal. (Hawaii Const. art. ill, 12; House Rule 27; Senate Rule 72) Persons who are not legislators may be punished by either house for disrespect; "disorderly or contemptuous behavior in its presence or that of any committee thereof'; for harming or threatening to harm any legislator; or for assaulting, arresting, or detaining any witness or other person ordered to attend either house. The punishment which may be imposed is a fine or imprisonment up to thirty days. A person charged with an offense must be informed in writing of the charge and be granted an opportunity to present evidence and be heard in the person's own defense. (Hawaii Const. art. III, 18) 15

25 HAWAII LEGISLATORS' HANDBOOK Threats and Attempted Bribery An attempt to obstruct the performance of a legislator by using or threatening to use violence, force, or physical interference or obstacle is a petty misdemeanor. (HRS ) Bribery of any officer or employee of any branch of government or acceptance of a bribe is a class C felony. (HRS ) 16

26 Chapter 4 LEGISLATIVE ORGANIZATION On the third Wednesday in January, at ten o'clock a.m., the Hawaii State Legislature convenes in regular session. (Hawaii Const. art. Ill, 10) At the first regular session following a general election in which members are elected, the Senate is called to order by the senator from the First Senatorial District who shall act as temporary chair. The House of Representatives is called to order by the Representative of the First Representative District. Subsequent sessions are convened by the presiding officers elected by the respective houses. (HRS 22-1; Senate Rule 1; House Rule 1) Seating of Members The procedures for seating members apply at the first regular session following a general election in which members of the respective houses are elected. After being called to order, each house seats its members and organizes for the conduct oflegislative matters. A credentials committee is appointed in each house to examine the records of the members and to determine the qualifications of its members for their seats. (Senate Rule 1; House Rules 1.1, 1.2) The committee then submits a report for adoption announcing that the members elect are qualified to sit as members of their respective houses. After the oath of office is administered, each house proceeds to adopt its rules and elect its permanent officers. The party in the majority governs the organization. Once organization is completed, each house appoints a committee by resolution to advise the Governor and the other house that it is duly organized and ready to transact business. Officers and Employees The Senate nominates and elects from among its members a President and Vice President. These officers of the Senate are elected by a majority vote of the Senate members and hold their respective offices at the pleasure of the Senate. The Senate, by a majority vote of its members, may terminate the office held by any officer of the Senate. Senate staff positions are authorized by a majority vote and may be created from time to time as the Senate deems necessary. (Senate Rules 2 to 11) In the House of Representatives, the officers are selected by resolution. The House elects, by a majority vote, from among its members a Speaker and Vice-Speaker. Unless terminated by action of the House, the Speaker and Vice-Speaker retain their positions during the term for which they are elected to the House. Employees fill various positions created by the House to service the Speaker, the House at-large, standing committees, and individual Representatives. (House Rules 2 to 10) 17

27 HAWAII LEGISLATORS' HANDBOOK The Clerk, Assistant Clerk, Sergeant-at-Arms, and in the House, Assistant Sergeant-at-Arms, are officers of their respective houses. They are elected by a majority vote of the members of their respective houses and serve at the pleasure of their respective houses. (Senate Rules 6, 7, 9, 10; House Rules 5, 6, 8, 9) The majority and minority party caucuses in each house also elect leaders bearing titles such as majority or minority leader and floor leader. and assistant majority or minority floor leader. Staff members in the Senate and the House include administrative and research assistants, attorneys, legal stenographers, clerks, secretaries, custodians, printshop employees, messengers, and other positions which may be created from time to time. The officers and employees of the Senate and the House other than legislators serving as officers receive such compensation as the Senate and House determine. All employees hold their positions at the pleasure of the Senate or House. (Senate Rule 11; House Rule 10) President of the Senate and Speaker of the House of Representatives. The duties of both officers as expressed in the rules of each house are virtually identical Among the functions common to both presiding officers are: 1. Opening the meetings in their respective houses by taking the chair and calling upon the Chaplain to open each day's session with prayer; (Senate Rule 3(1); House Rule 2(1)) 2. Maintaining order in the chamber and requiring proper decorum on the part of the members; (Senate Rule 3(3); House Rule 2(2)) 3. Announcing the business before their respective houses in the order prescribed by their rules; (Senate Rule 3(4); House Rule 2(3)) 4. Receiving and submitting all matters properly brought before their respective houses by the members, calling for votes upon the same, and announcing the results; (Senate Rule 3(5); House Rule 2(4)) 5. Receiving all communications and presenting them to their respective houses; (Senate Rule 3(6); House Rule 2(6)) 6. Authenticating by signature all acts of their respective houses which require authentication; (Senate Rule 3(8); House Rule 2(8)) 7. Making known rules of order upon request and deciding all questions of order, subject to appeal of their respective houses.: (Senate Rule 3(9); House Ru/e2(9)) 8. Issuing warrants, upon order of their respective houses, to arrest offenders, summon witnesses, or carry out other orders; (Senate Rule 3(10); House Rule 2(10)) 18

28 LEGISLATIVE ORGANIZATION 9. Performing such other duties as are required by law or rules, or as may properly belong to the office; (Senate Rule 3(12); House Rule 2(11)) 10. In the case of disturbance or disorderly conduct, or on motion duly adopted, clearing the chamber of all persons except the members and other designated persons; (Senate Ruk 3(13); House Rule 2(12)) 11. Establishing the fmal dates for action on legislation, including the final date for introducing bills, the final date for third reading, the final date for approving conference committee agreements and drafts of bills, the final date for final reading of the General Appropriation Bill and the Supplemental Appropriations Bill, and coordinating these dates between themselves. (Senate Rule 3(15); House Rule 2(17)) Other duties of the President of the Senate as specified in the Senate Rules include: 1. Calling for the reading of the Jonrnal of preceding day; (Sena'" Rule 3(2)) 2. Appointing all committees unless otherwise determined by the Senate; (Senate Rule 3(7)) 3. Deciding and announcing the result of any vote taken; (Senate Rule 3(11)) 4. Promulgating an administrative and financial manual of guides which establishes uniformity in administrative practices; and (Senate Rule 3(16)) 5. Mediating and resolving differences between two OT more standing committees on the same bill. (Senate Rule 3(17)) Other duties of the Speaker of the House of Representatives as specified in the rules include: 1. Consulting with and advising committees of the House and assisting as an ex officio member; (House Rule 2(5)) 2. Assigning members seats on the chamber float; (House Rule 2(7)) 3. Directing committees of the House to consider messages from the Governor or other executive communications; (House Rule 2(13)) 4. Appointing any member to preside over meetings of the House in the absence of the designated officers or leaders; (House Rule 2(14)) 5. Referring all bills to committees; and (House Rule 2(15)) 6. Appointing the Chair and members of conference committees. (House Rule 2 (16)) 19

29 HAWAII LEGISLATORS' HANDBOOK The presiding officers, in addition, exercise control over the physical facilities and property of their respective houses (Senate Rule 3(14)) and authorize the payment of bills and accounts during the interim between sessions of the Legislature. Their duties and powers are retained during the interim between sessions and until a successor is chosen or tenure is tenninated by action of their respective house. (HRS 22-1) (See Appendix E for a listing of past presiding officers.) Vice-President and Vice-Speaker. In the absence of the President of the Senate or the Speaker of the House of Representatives, their duties and powers are exercised by the Vice-President and the Vice-Speaker, respectively. These vice-presiding officers retain their respective offices and discharge their duties in the interim between sessions and until such time as their successors are chosen or their tenure terminated by action of the respective houses. (HRS 22-1; Senate Rule 4; House Rule 3) In case of the death, resignation, removal from office, absence from the State, or the inability of the presiding officer of either house to discharge duties, the vice-presiding officer becomes the presiding officer until a successor is chosen or the disability removed. (HRS 22 2) President Pro Tempore and Speaker Pro Tempore. In the Senate, if the President and the Vice-President are absent when the Senate is to convene, the eldest member present presides until a President pro tempore is chosen. The President pro tempore is invested with all of the powers and perfonns all of the duties of the President. The Clerk attaches a certificate to any bill or instrument signed by the President pro tempore stating that the President pro tempore is duly elected and authorized to sign such documents. (Senate Rule 5) In the event that the Speaker and Vice-Speaker are absent, the Majority Leader; and, if the Majority Leader is absent, then the Majority Floor Leader serves as Acting Speaker, and may convene the House until the Speaker or Vice-Speaker returns. (House Rules 1.8, 4.2) Clerk. The Clerks of both houses have charge of all records of their respective houses. The original documents in the custody of the Senate Clerk may not be withdrawn unless ordered by the Senate. In the House, the Clerk is required to retain possession of all original documents unless the Speaker orders their release to someone else. The Clerks daily are required to make up a complete memorandum of petitions, motions, resolutions, amendments, and other matters, stating the nature of the material and the name of the introducer. The daily memoranda, dated and with the number of the legislative day, make up the Journal, which is submitted for reading and approval. (Senate Rule 6; House Rule 5) In addition to their record-keeping and journal functions, the Clerks of both houses are responsible for maintaining various support services. They read all bills, resolutions, and other matters as required to their respective houses and forward all letters, messages, resolutions, and other communications to the proper parties or appropriate committee chairpersons. The Clerks also have the fiscal responsibilities of paying all approved bills and accounts and drawing drafts on the treasury for the authorized expenses of the session. 20

30 LEGISLATIVE ORGANIZATION In the Senate, the Clerk is responsible for the purchasing and distribution of all of the property of the Senate. (HRS 22-5; Senate Rule 6(9)) The Clerks hold their office and discharge the duties of their office during the interim between sessions. They serve until their successors are chosen or their tenure is terminated by the aclion of the respective houses. (HRS 22-3) Assistant Clerk. The Assistant Clerk assists the Clerk in the performance of duties and attends to other duties as required or assigned. (Senate Rule 7; House Rule 6) Sergeant at Arms. The Sergeant-at-Arms of each house is charged with several support functions. This officer attends the daily sessions and maintains order among the spectators and notifies the presiding officer of the attendance of persons with communications. The Sergeant-at-Arms also supervises the distribution of incidental supplies, supervises messengers, and services the committees as requested. In addition, this officer serves all orders and processes of the respective houses, makes all required arrests of members or other persons and retains them in custody, supervises the postal services, and executes other duties requested by the presiding officer. rsenaterule 9; House Rule 8) In the House of Representatives, the Sergeant-at-Arms is responsible for initiating all purchases of the House. The House also provides for an Assistant Sergeant-at-Arms by rule to assist the Sergeant-at-Arms, and to carry out the duties of the Sergeant-at-Arms in that officer's absence. (House Rule 9) Chaplain. Each day's session of both houses is attended by a chaplain, who is invited to open the session with prayer. Often when the sessions continue into the late night hours and a house adjourns and reconvenes the new legislative day just after midnight, a member of that house is appointed to give the invocation. (Senate Rule 8; House Rule 7) Committees The Hawaii State Legislature has four common types of operational committees to conduct its business: (1) standing committees, (2) special committees, (3) conference committees, and (4) Committee of the Whole. The House, in addition, has a Committee on the Journal and a Policy Committee. In 1990, the Legislature created two joint administrative committees to oversee staff services and fiscal matters. Standing Committees. (Senate Rules 13(1), 17 to 25; House Rules 11 to 13, 19) The standing committees of the Legislature are its primary tools for initiating inquiry and ascertaining the facts indispensable to the enactment of laws. It is the responsibility of the standing committees of both houses of the Legislature to review and make diligent inquiry into the facts and circumstances of the matter referred to them. Standing committees) which may vary in size and number from session to session, are named for the program area over which they have responsibility. The committees' names) too) may change from year to year. 21

31 HAWAII LEGISLATORS' HANDBOOK In 1997 the Senate adopted two-person committee chairs. (Senate Ruk 14) Co-chairs determine how the responsibilities of the committee will be divided. Standing committees are the main working committees of each house during session. Standing committees may also work during the interim between sessions as directed by the presiding officers. In reviewing the measures and communications in their program areas, the investigation of the committees may cover a wide range of topics including: 1. Budget requests, 2. Financial plans and reports, 3. Laws applicable to the topic under consideration, 4. Petitions for legislative action, 5. Program issues and analysis, 6. Other pertinent matters. The findings and recommendations of the committees are reported to the whole house for consideration through committee reports. Adoption of the committee reports by the majority of the members ofa house indicates concurrence of the members with the findings and recommendations of the committee. The membership of the standing committees is generally based on proportional representation between the majority and minority parties. The members of the majority party designate the chairperson, vice-chairperson, and the majority members; the minority party designates the minority members of each committee. Committee appointments are usually determined by the parties informally and confirmed by the respective houses by resolution, formally adopting the membership of the committees. Each committee chairperson calls the meetings of the committee, presides at the meetings, and prepares the agenda for each meeting. The committee chairperson is also responsible for maintaining a file for each of the committee's members, keeping a record of documents and information presented to the committee, and drafting the reports of the committee's fiddings and recommendations. A listing of standing committees describing their program areas and responsibilities can be found in the rules of the respective houses. (Senate Rule 16; House Rule 12) Standing Committee Personnel. The staff of the standing committees of each house playa major role in the processing of legislative measures and documents referred to the respective committees. Committees have a clerk and frequently one or more employees who receive, review, screen, amend, and report on the measures referred to their 22

32 LEGISLATIVE ORGANIZATION committee. The staff of a committee is responsible for maintaining a complete file of the bills, resolutions, and other documents referred to or presented to the committee. In addition, on instruction from the committee chairperson, they arrange the agenda of the committee, arrange for public hearings, solicit testimony on pending legislation, develop factual data on the matters before the committee, and assist in drafting the reports of the committee's fmal findings and recommendations. (Senate Rule 11; House Rule 10.1) Special Committees. Special committees are appointed from time to time to consider and report on special matters referred to them. They are temporary and serve until discharged or until finally reporting upon the matter for which the committee was created to study. (Senate Rules 13(3),23(2); House Rule 14) In 1972, for example, the House of Representatives adopted House Resolution No. 275, H.D. 1, establishing a special interim committee to "study the concept of community based correctional plans and to receive input therefor from representatives and citizens of all counties". The committee conducted a series of hearings in the various counties to elicit reaction and comment from people in the correctional field and from the general public. The committee used in a supportive and advisory capacity, stafi'personnel of the State Law Enforcement and Juvenile Delinquency Planning Agency and the National Clearinghouse for Correctional Programming and Architecture. It submitted its findings and recommendations to the Regular Session of 1973, in Special Committee Report No.2, recommending study and review of the Correctional Master Plan, considering both the conceptual and physical aspects of the plan. Conference Committees. Conference committees are appointed to reconcile the differences of each house on legislative measures requiring the approval of both houses. When a bill or concurrent resolution is passed or adopted in an amended form by the second house, it must be returned to the house of origin for final approval. In the event that the originating house disapproves of the amendments made, a conference committee is usually appointed with members from each house to meet and attempt to reach a compromise on the measure. The recommendations of a conference committee are submitted to both houses for final approval. (Senate Rules 13(4), 20? 23(3); House Rule 16) Committee of the Whole. Legislative measures may be referred to a Committee of the Whole for consideration. For bills, this usually occurs at second or before third reading. Committees of the Whole offer greater informality and freedom of action and discussion. (Senate Rules 13(5), 25; House Rule 15) The Legislature may choose to invoke the Committee of the Whole when time is a crucial element, when the matter is of paramount importance, or when it is necessary to hear a bill which has been recalled from a standing committee. For example, in 1977 Senate Bill No. 184 relating to capital crimes was recalled from the Senate Judiciary Committee, publicly heard in the Senate Committee of the Whole, amended, and reported to the Senate for third reading. In 1996, House Bill No relating to a proposed amendment to the Hawaii State Constitution defining marriage in Hawaii was recalled from the Senate Committee on Judiciary in the waning hours of the 59th day of the session. Mer successfully recalling the bill from committee and pennitting discussion in the Committee of the Whole, the bill failed to pass Second Reading on a roll call vote. All members then have the opportunity to participate and listen to the testimony 23