Hawaii's Path To Law: Understanding The Legislative Process

The process of a bill becoming a law in Hawaii is a complex one. The Hawaii State Legislature is one of three branches of Hawaii's state government, with powers co-equal to those of the executive and judicial branches. The Hawaii State Legislature consists of 25 members in the Senate and 51 members in the House of Representatives. Only legislators can introduce bills, and they must do so during the legislative session. A bill must successfully pass through all the committees the House and Senate leadership refer it to, and it must pass three votes in both the House and Senate chambers. A bill can be signed into law by the Governor or, if vetoed, the House and Senate can override the veto with a two-thirds majority vote.

Bills must be introduced by a legislator

In Hawaii, only legislators (51 Representatives and 25 Senators) can introduce bills. They have a limited time during the legislative session to do so. The legislative session starts on the third Wednesday in January and things move quickly. A bill must keep moving forward or it will be left behind and miss crucial deadlines.

The legislator who introduces a bill is known as the primary sponsor. Except in the case of private bills, an unlimited number of members can cosponsor a bill. To prevent the possibility that a bill might be introduced on behalf of a member without their prior approval, the primary sponsor's signature must appear on the bill before it is accepted for introduction. Members who cosponsor a bill upon its date of introduction are original cosponsors. Members who cosponsor a bill after its introduction are additional cosponsors. Cosponsors are not required to sign the bill. A member may not be added or deleted as a cosponsor after the bill has been reported by, or discharged from, the last committee authorised to consider it. The Speaker may not entertain a request to delete the name of the primary sponsor at any time. Cosponsors' names may be deleted by their own unanimous-consent request or that of the primary sponsor.

In the Senate, a Senator usually introduces a bill or resolution by presenting it to one of the clerks at the Presiding Officer's desk, without commenting on it from the floor of the Senate. However, a Senator may use a more formal procedure by rising and introducing the bill or resolution from the floor, usually accompanied by a statement about the measure. Frequently, Senators obtain consent to have the bill or resolution printed in the Congressional Record following their formal statement.

In the House of Representatives, it is no longer the custom to read bills—even by title—at the time of introduction. The title is entered in the Journal and printed in the Congressional Record, thus preserving the purpose of the custom. The bill is assigned its legislative number by the Clerk. The bill is then referred as required by the rules of the House to the appropriate committee or committees by the Speaker, with the assistance of the Parliamentarian. The bill number and committee referral appear in the next issue of the Congressional Record. It is then sent to the Government Printing Office, where it is printed and copies are made available in the document rooms of both Houses. Printed and electronic versions of the bill are also made available to the public.

Copies of the bill are sent to the office of the chairman of each committee to which it has been referred. The clerk of the committee enters it on the committee's Legislative Calendar.

Bills must pass through committees

The legislative process in Hawaii is a complex and lengthy procedure, with about 90% of bills failing to become law. Once a bill is introduced by a legislator, it must successfully pass through all the committees that the House and Senate leadership refer it to. Each bill is typically referred to one or more committees, and to pass and move forward, it will be scheduled to be "heard" and decided on by the committees.

The public hearing is a critical aspect of the process, as it allows for formal public testimony on the bill. Once a hearing is scheduled, individuals can submit testimony, encourage others to do the same, and even testify in person. This stage is crucial for gathering input and feedback from the public, who will be directly impacted by the potential law. The committees play a vital role in providing intensive consideration of the proposed measure and offering a forum for public participation.

The committees' intensive consideration of a bill involves seeking input from relevant departments and agencies. Frequently, the bill is also submitted to the Government Accountability Office with a request for an official report on the necessity or desirability of enacting the bill into law. While these reports are not binding, they are given serious consideration. Additionally, the committees may hold public hearings, where cabinet officers, high-ranking government officials, and interested private individuals testify.

After hearings are completed, the committee usually considers the bill in a "markup" session, where the views of both sides are studied in detail. The committee may then report the bill back to the full committee, with or without amendments, or suggest tabling it or postponing action. If the committee votes to report the bill favourably, it may be returned to the full committee with amendments or as a "clean" bill, incorporating previously adopted amendments.

The committee stage is a crucial step in the legislative process, as it provides an opportunity for detailed analysis, public input, and amendments to the proposed bill. It ensures that the bill undergoes rigorous scrutiny and debate before advancing further in the legislative process.

Bills must pass three votes in both the House and Senate chambers

For a bill to become a law in Hawaii, it must pass three votes, or "readings", in both the House and Senate chambers. This is a crucial step in the legislative process, and it ensures that bills are thoroughly debated and considered before becoming law.

The first reading usually takes place right away and, in most cases, just about everything passes this initial vote. This is followed by the second reading, which typically occurs before the bill heads to its last committee. The third reading is the most significant, as it takes place after the bill has gone through all the committees. This is when intense debates often occur, as legislators discuss the bill's merits and flaws.

During these readings, the bill must be "heard" and decided on by the committees. The public also has the opportunity to offer formal testimony on the bill during a public hearing. This input from the committees and the public is crucial, as it allows for a thorough examination of the bill from various perspectives.

After successfully passing the three readings in both chambers, the bill still has several steps to go through before becoming a law. It must then be agreed upon by both the House and Senate regarding its exact wording. Following this, the bill needs to be signed or allowed to become law by the Governor. If the Governor vetoes the bill, there is an opportunity for the House and Senate to override the veto, but it requires a two-thirds majority in each chamber.

The House and Senate must agree on the bill's exact wording

The process of turning a bill into law in Hawaii is not straightforward. Only legislators (51 Representatives and 25 Senators) can introduce bills, and they have a limited time during the legislative session to do so. Once introduced, a bill must successfully pass through all the committees the House and Senate leadership refer it to. If it doesn't get heard and passed, it dies.

After a bill has successfully passed through the committees, it must pass three votes ("readings") in both the House and Senate chambers. The First Reading vote takes place right away, the Second Reading usually takes place before a bill heads to its last committee, and the Third Reading takes place after the bill has made it through the committees.

Even after passing through all the committees and the three readings in each chamber, a bill can still die if the House and Senate do not agree on its exact wording. A conference committee may be assigned to come up with wording that all can agree on. While testimony is not accepted at this stage, legislators can be contacted to convey what is considered acceptable or unacceptable in the final bill. The final version must then be voted on by each chamber.

After a bill has successfully passed through the legislature, it still needs to be enacted by the Governor. If vetoed, the House and Senate can attempt to override the veto, but it's a high bar to clear. If vetoed, two-thirds of each chamber must vote to override for the bill to become law.

The Governor must sign the bill, or the veto must be overridden

Once a bill has successfully passed through the legislature, it still needs to be enacted. The Governor must sign the bill, or the veto must be overridden. The Governor has ten days to consider bills presented to them ten or more days before the adjournment of the legislature sine die. If the Governor does not sign or return the bill within that time, it becomes law as if they had signed it. If the Governor does not approve of the bill, they may return it, along with their objections, to the legislature. The Governor may veto any specific item or items in any bill that appropriates money for specific purposes by striking them out or reducing the amount. However, they must veto other bills, if at all, only as a whole.

If the Governor vetoes a bill, there is an opportunity for the House and Senate to override the veto. This requires a two-thirds majority vote in each chamber for the bill to become law. If the veto occurs less than ten days before adjournment sine die, or after adjournment, the Governor has 45 days to consider the bill. If they plan to return the bill with their objections, they must give ten days' notice to the legislature. The legislature may then convene in a special session to act upon the vetoed bill. If the legislature fails to convene, the bill does not become law.

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