Hawaii Senate: How Bills Become Law

The Hawaii State Legislature is one of the three branches of Hawaii's state government, with powers co-equal to those of the executive and judicial branches. The legislative branch makes laws, the executive branch implements and enforces them, and the judicial branch interprets them.

The Hawaii State Legislature consists of 25 members in the Senate and 51 members in the House of Representatives. Senators serve staggered four-year terms, while House members are elected every two years.

For a bill to become a law in Hawaii, it must be introduced by a legislator (either a Representative or a Senator) during a legislative session. It must then pass through all the committees that the House and Senate leadership refer it to and successfully pass three votes (readings) in both the House and the Senate. After this, the bill must be signed or allowed to become law by the Governor, or the House and Senate must override the Governor's veto with a two-thirds vote in each chamber.

Bills must be introduced by a legislator (Senator or Representative)

The Hawaii State Legislature is one of three branches of Hawaii's state government, with powers equal to those of the executive and judicial branches. The legislative branch is responsible for making laws, which are then implemented and enforced by the executive branch, and interpreted by the judicial branch.

The Hawaii State Legislature consists of 25 Senators and 51 Representatives. Only these legislators can introduce bills, and they have a limited time during the legislative session in which to do so. Bills can only be introduced during the legislative session, and they must advance through their originating chamber, crossover to the other, and then be finalized for presentation to the Governor.

Legislators are responsible for drafting and introducing bills, which are then debated and voted on by the full chamber. The process of becoming a law may take a while, and about 90% of bills don't become law. Ideas may have to be presented year after year before they gain traction and move forward.

Senators and Representatives are responsible for representing their constituents and working to pass legislation that aligns with the interests and needs of their district. They must also balance the needs and priorities of the state as a whole. This involves collaborating with colleagues, building coalitions, and negotiating compromises to gain support for their bills.

Legislators also have the power to amend, revise, or kill a bill during the legislative process. They can propose amendments to a bill before or during floor debate, which are then voted on by the full chamber. If a bill passes the legislative process, it is then sent to the Governor for approval or veto. Legislators play a crucial role in advocating for or against the bill during this final stage as well.

Bills must pass three votes or readings on the floor

For a bill to become a law in Hawaii, it must pass three votes or readings on the floor. This is just one of the many steps 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 final committee. The third reading takes place after the bill has made it through all the committees.

Each reading serves a different purpose. The first reading is the first floor vote by the entire House or Senate—one of three required votes for a bill to clear a legislative chamber. The second reading is the second vote before the entire chamber, or it can simply be to accept the committee report and move the bill to the next 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 chamber last saw it, the new draft must be made available to members at least 48 hours before the third floor vote.

After a bill has passed all three readings in its originating chamber, it will cross over to the other chamber and go through the same process again.

Bills must pass through committees

For a bill to become a law in Hawaii, it must successfully pass through all the committees that the House and Senate leadership refer it to. Each bill is referred to one or more committees soon after it is introduced, and upon crossing over to the other chamber. To pass and move forward, it will be scheduled to be "heard" and decided on by the committees. If a bill doesn't get heard and passed, it dies. Therefore, it is important to let the committee chair know if a hearing is desired. The public hearing is when formal public testimony on the bill can be offered. Once a hearing is scheduled, testimony can be submitted, and people can even come and testify in person.

The Second Reading of the bill usually takes place before it heads to its last committee. After the bill has made it through the committees, the Third Reading takes place. On occasion, there may be a lot of debate on the chamber floor when a bill is up for its Third Reading. All members vote on the legislation, so it is important to contact one's own Representative and Senator.

A bill can die even after successfully making it through all its committees and three readings in each chamber. A conference committee may be assigned to come up with the wording that everyone can agree on. While testimony isn't accepted at this stage, legislators can be informed about what is considered acceptable or unacceptable in the final bill. The final version must be voted on by each chamber.

Bills must be approved by the Governor

In Hawaii, the Governor plays a crucial role in the legislative process, as bills must be enacted by the Governor to become law. This is the penultimate step in the process, and it is where the executive branch, of which the Governor is the head, comes into play. The Governor has the power to either sign the bill, allow it to become law, or veto it. If the Governor chooses to veto a bill, the House of Representatives and the Senate have the opportunity to override this decision. However, this is a challenging hurdle to overcome, requiring a two-thirds majority vote in both chambers for the bill to become law.

The Governor's role in this process underscores the checks and balances inherent in Hawaii's state government. The legislative branch, which includes the House and the Senate, proposes and passes laws, while the executive branch, led by the Governor, has the authority to influence and shape those laws through approval or veto power. This dynamic ensures that the law-making process in Hawaii is collaborative and deliberative, requiring consensus-building between the legislative and executive branches.

The Governor's decision-making process in approving or vetoing bills is informed by various factors. The Governor may consider the potential impact of the bill on the state's residents, the financial implications for the state, and the alignment of the bill with the current administration's priorities and values. Additionally, public opinion and advocacy efforts can play a significant role in influencing the Governor's decision. Constituents can make their voices heard by reaching out to the Governor's office and expressing their support or opposition to specific bills. Providing relevant information and data, and personal testimonies can also help sway the Governor's decision.

While the Governor has the power to veto bills, it is important to note that the legislative branch can override this decision under certain circumstances. This dynamic underscores the delicate balance of power between the legislative and executive branches in Hawaii's state government. The ability of the legislature to override a gubernatorial veto serves as a check on the executive branch's power, ensuring that the law-making process ultimately reflects the will of the people as represented by their elected legislators.

Bills must be enacted

Once a bill has successfully passed through the legislature, it still needs to be enacted. This is where the Governor comes in. The Governor has the power to sign the bill into law, allow it to become law without their signature, or veto it. If the Governor chooses to veto the bill, there is an opportunity for the House and Senate to override the veto—but this requires a two-thirds majority vote in each chamber. If the Governor does not take any action on the bill, it will automatically become law after a certain amount of time has passed. The exact amount of time depends on when the bill was presented to the Governor: if it was presented more than ten days before the end of the session, the Governor has ten days to act; if it was presented within the final ten days of the session, the Governor has 45 calendar days. If the Governor gives notice of an intent to veto within 35 days, the Legislature can call a special session on the 45th day to vote to override.

Frequently asked questions