Hawaii's Lawmaking Process: From Bill To Act

The process of a bill becoming a law in Hawaii is a complex one. The legislative process, as it is commonly known, involves multiple steps and strict deadlines. Only legislators can introduce bills, and they must do so during the legislative session. These bills then advance through their originating chamber, undergo committee action, and require multiple readings and votes in both the House and the Senate. After successfully passing through these stages, a bill needs to be signed or allowed to become law by the Governor. This entire process must be completed within the session calendar, which is produced in December or early January each year.

A bill must be introduced by a legislator

In Hawaii, only legislators can introduce bills, and they have a limited time during the legislative session to do so. The legislative process is the process by which bills are considered and laws are enacted. The state legislature is made up of two houses: the Senate and the House of Representatives. The number of senators and representatives varies from state to state. A bill may be introduced in either house, and by doing so, that legislator becomes the bill's sponsor.

Legislators can get ideas for bills from government, elected officials, businesses, lobbyists, and citizens. Once they have an idea, they can consult with the Legislative Counsel of the House or the Senate to frame the idea using suitable legislative language and form. An attorney for the legislature will then review the proposed ideas and prepare a formal draft of the bill according to certain legislative guidelines.

The bill is then submitted by a member of the Senate or Assembly, numbered, and read for the first time. It is then assigned to a committee, printed, and given a calendar number. The committee will carefully examine the bill and determine its chances for passage. If the committee does not act on a bill, it is the equivalent of killing it.

It must pass through committees

Once a bill is introduced, it is assigned to one or more committees. Committees are groups of legislators that are each responsible for a specific subject matter. The committees provide intensive consideration of a proposed measure and a forum for the public to be heard. The committees carefully examine the bill and determine its chances for passage. If the committee does not act on a bill, it is the equivalent of killing it.

Bills are often referred to a subcommittee for study and hearings. Hearings allow for the record of the views of the executive branch, experts, other public officials, supporters, and opponents. Testimony can be given in person or submitted in writing. Once the hearings are completed, the subcommittee may meet to make changes and amendments to the bill. If a subcommittee votes against reporting legislation to the full committee, the bill dies.

After receiving a subcommittee's report on a bill, the full committee can conduct further studies and hearings, or it can vote on the subcommittee's recommendations and any proposed amendments. The full committee then votes on its recommendation to the Assembly or Senate. This procedure is called "ordering a bill reported". After a committee votes to have a bill reported, the chair instructs staff to prepare a report on the bill. This report describes the intent and scope of the bill, its impact on existing laws and programs, the position of the executive branch, and the views of dissenting members.

In the case of a bill that was referred to two or more committees, the calendar number is printed only on the bill as reported by the last committee to consider it.

It must pass three readings in both the House and Senate

For a bill to pass the Hawaii State Legislature, it must pass three readings in both the House and the Senate. This is a crucial step in the legislative process, and only about 10% of bills introduced in each session make it through.

The first reading occurs at the beginning of the process, before a bill gets its referrals. The second reading usually takes place before a bill heads to its last committee, but it can also happen right after the first committee if the bill is changed. The third reading takes place after the bill has made it through all the committees.

During the first reading, the bill is introduced and assigned a number (HB or SB) that stays with it throughout the process. After the first reading, the bill is referred to committees with jurisdiction over its provisions. The first committee is usually the subject-matter committee, which has primary jurisdiction over the bill. The bill must pass every committee it is referred to in the order listed for it to survive and become law.

The second reading happens after the bill moves past its last committee. The third reading is the last of the three required votes for the bill to move through the chamber. If the bill has been changed since the last time the chamber had it, the new draft must be made available to members at least 48 hours before the third reading vote.

The process is repeated in the non-originating chamber, with the bill going through three readings and the necessary committees. If the bill passes the non-originating chamber without changes, it goes back to the originating chamber and is transmitted to the Governor. If it is amended, it goes back to the originating chamber, which can approve or disagree with the changes. If they disagree, the House and Senate can appoint conference committees to try to reconcile their differences.

The House and Senate must agree on its exact wording

For a bill to become a law in Hawaii, it must be agreed upon by both the House and the Senate. This is a crucial step in the legislative process, as it ensures that the bill has the support of both chambers before it can advance further.

Once a bill has successfully passed through all its committees and three readings in each chamber, it is essential for the House and Senate to reach a consensus on its exact wording. This step can be challenging, as it requires negotiation and compromise between the two chambers. If they cannot agree, the bill may die, even after making it through the previous stages.

To facilitate an agreement, a conference committee may be appointed. This committee is tasked with finding common ground and proposing wording that all parties can accept. While testimony is not accepted at this stage, stakeholders can still play a role by communicating their perspectives on what they consider acceptable or unacceptable in the final bill.

Once the conference committee has proposed a version of the bill, it must be voted on again by each chamber. This process ensures that the agreed-upon wording has the approval of both the House and the Senate.

The exact wording of a bill is critical, as it will form the basis of the law if it is enacted. Therefore, this stage requires careful consideration and collaboration between the House and Senate to ensure that the bill accurately reflects the intended policy.

It must be signed or allowed to become law by the Governor

After a bill has been passed through the legislature, it is then presented to the Governor. The Governor has the power to either sign the bill, veto it, or let it become law without their signature. If the Governor chooses to veto the bill, the House and Senate have the opportunity to override the veto, which requires a two-thirds majority vote in each chamber. If the Governor does not return a bill with objections within 10 days (excluding Sundays) after it has been presented to them, it becomes law as if they had signed it. However, if Congress adjourns sine die and prevents the return of the bill, it does not become law. This is known as a "pocket veto".

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