THE SENATE

S.R. NO.

145

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 
   


SENATE RESOLUTION

 

AMENDING SENATE RULE 24(3) TO REQUIRE A CONFERENCE COMMITTEE TO REPORT ON A MEASURE WHEN A MAJORITY OF COMMITTEE MEMBERS OF BOTH CHAMBERS CONCUR IN THE REPORT.

 

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 committee 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 committee 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, 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):

"(3) A Conference Committee shall [not] report upon the matter referred [unless] when a majority of the members of each house appointed by their respective presiding officer have concurred in the report. Any conference committee procedure that adds or detracts from this requirement shall be void."

 

 

 

OFFERED BY:

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Report Title:

Conference, Amends Senate Rule 24 on Voting