RULES OF THE HOUSE
STATE OF HAWAII
THE NINETEENTH STATE LEGISLATURE
(1997-1998)



PART III. ORGANIZING THE HOUSE
PART III. COMMITTEES

Rule 11. Standing Committees: Composition; Chair; Decision-
making; Reports

11.1. Standing committees shall be committees established
to consider and report on all bills, petitions,
resolutions, budgets, and any other matters referred
to such committees.

11.2. The composition of the standing committees shall be
as follows:

(1) The membership of each standing committee,
including the designation of the chair and vice-
chair shall be provided for by resolution,
provided, however, that the composition of the
committee shall be on a proportional basis with
the members of the majority party designating the
chair, vice-chair, majority party members, and
the minority party designating the minority party
members.

(2) A majority or minority member shall serve as a
member of a standing committee or committees
under not more than one major program area in
Bracket A and one major program area in Bracket
B:

Bracket A -
a. Education;
b. Justice, Public Safety, and Consumer
Protection; and
c. Fiscal Management;

Bracket B -
a. Human Resources;
b. Natural Resources;
c. Economic Opportunities; and
d. Government Resources.

(3) The Speaker and Vice Speaker shall be ex officio
members of each committee without vote.

11.3. The chair of each standing committee shall call and
preside over all standing committee meetings;
determine the order of deliberations on bills,
resolutions, and other matters over which the
standing committee as a whole retains jurisdiction;
coordinate the scheduling of meetings and public
hearings of the standing committee and assure that
such schedules and agendas are posted or distributed
as required under these rules; establish guidelines
to coordinate the flow of work to assure that
directions of the House are fulfilled; supervise the
work of the committee staff; and supervise the
maintenance and disposition of the records of
proceedings of the standing committee. The vice-
chair shall, at the request of the chair, assist the
chair in the performance of any duties. The vice-
chair shall perform the duties of the chair in the
chair's absence.

If a chair of a standing committee refuses a request
of a majority of the committee members to set for
public hearing a bill or resolution referred to the
committee, the majority of the committee members may
petition the Review Panel established under Rule 2 to
compel the chair to set the bill or resolution for
public hearing. The Review Panel shall establish a
process pursuant to which the Review Panel shall
receive and consider the petition and shall make
recommendation to the Speaker. If the Speaker shall
concur with the recommendation of the Review Panel,
the chair shall either be sustained or be directed to
duly set the bill or resolution for public hearing at
the next available date according to or consistent
with the recommendation. If the subject matter chair
refuses to comply with the order of the Speaker, then
the vice chair will act as chair for the purpose of
hearing the bill or resolution under consideration.
If the vice chair refuses, then the Speaker may
appoint any member of the House to act as temporary
chair. If the Speaker shall object to the
recommendation of the Review Panel, the Speaker shall
submit reasons in writing to support the Speaker's
decision which shall be the final disposition of the
matter.

11.4. The chair of each standing committee shall keep a
record of public hearings and shall file same with
the State Archives, through the Speaker as soon as
practicable after each session.

11.5. Committee Meetings

(1) Meetings, including decision-making sessions, of
standing committees shall be public. Notice
shall be publicly posted or announced on the
House floor during the session day at least 48
hours prior to such meeting. Notice of meetings
may be waived or shortened at the discretion of
the Speaker upon good cause shown.

(2) No standing committee shall sit during the time
when the House is actually in session except with
the permission of the Speaker.

(3) As practicable, standing committees shall
schedule their meetings at times and at places as
are convenient for attendance by the general
public, and shall, in coordination with other
committees of the House or Senate, endeavor to
hold joint meetings and public hearings on
matters of mutual interest.

(4) No bill or resolution other than a congratulatory
resolution shall be reported out of a standing
committee unless it shall have received a public
hearing in the House; provided that a bill which
contains only a reference to the general idea of
the bill in short form and contemplates the
subsequent drafting of the specific details in
long form may be reported out of a standing
committee without a public hearing so long as the
bill is reported out: (i) in an amended form
containing the substantive contents of the bill
in long form; (ii) recommending that the bill be
recommitted to the same committee for the purpose
of holding a a public hearing thereon; and (iii)
without recommendation for passage on any reading
of the bill.

(5) Upon the request of a chair of a standing
committee,the Speaker may authorize the chair and
the members of the standing committee to conduct
a community-based public hearing whenever
appropriate and practicable subject to notice
required under Rule 11.5(1). "Community-based
public hearing" means a hearing conducted by a
standing committee outside the State Capitol
building at a location within the community for
the purpose of accommodating the public to be
heard on the matter under consideration by the
standing committee.

11.6. Committee Decision-making.

(1) A quorum of the committee which shall be a
majority of the committee membership shall be
present for decision-making.

(2) Committee decision-making shall be by a majority
of the members present. To report a bill out of
the committee shall require a favorable vote of
not less than a majority of the members present
at a meeting duly constituted with a quorum. Any
member voting "with reservations" shall be deemed
to be in favor of the recommendation.

(3) The vice-chair of the committee, or the designee
of the chair in the absence of the vice-chair,
shall be the recorder of the record of the quorum
and the votes.

In the case of a joint hearing, the vice chair of
the lead committee, or the designee of the lead
committee chair in the absence of the vice chair,
shall be the recorder of the record of the quorum
and the votes of all the committees party to the
public hearing. In taking the roll call vote,
each member shall be called upon only once
regardless of the number of the committees that
the member may sit on. The vote of the member
shall be considered to be that member's vote on
all committees that the member sits on involved
in the public hearing.

(4) Favorable action by the committee shall be
conveyed in a committee report.

(5) If a committee reports out a bill or resolution
with proposed amendments that may affect the
referral of that bill or resolution, the
committee chair shall, within 24 hours, notify
the Speaker.

11.7. Standing Committee Reports.

(1) Standing committees shall report from time to
time upon matters referred to them with such
copies as may be designated by the Speaker. Such
reports shall be printed by the House and be
furnished to each member.

(2) The reports shall state findings of facts and
conclusions based thereon, together with a
distinct recommendation as to the disposal of the
matter.

(3) A report recommending a bill for passage shall
clearly state the legislative intent and purpose
of such bill. The chair shall attest the action
of the committee by signing the report on behalf
of the committee. A record of the quorum present
at the meeting and a record of the votes of the
members of the committee on the bill or
resolution as attested to by the recorder shall
be attached to the report as a part thereof.

(4) A report upon a bill shall state clearly the
amendments, if any, proposed. If a substitute
bill, for one or more bills referred to the
committee, shall be reported, such substitute
bill shall agree with the subject of the bill or
bills referred to the committee.

(5) All matters referred to and not reported upon by
the standing committees shall be returned to the
Clerk at the close of the regular session in the
even-numbered year.


Rule 12. Standing Committees: Description

12.1. Standing committees shall be created by resolution
for each major program area at the opening of the
session, or as soon thereafter as possible, to serve
during the legislative session. The major program
areas and the standing committees therein shall be as
follows:

EDUCATION

This major program area covers those programs which are
intended to provide public instruction throughout the State and
promote the intellectual development and cultural enrichment of
the community. The standing committees for this major program
area shall be:

(1) Committee on Education, whose scope shall be
those programs relating to early childhood
education, primary and secondary schools,
continuing education, and libraries.

(2) Committee on Higher Education, whose scope
shall be those programs relating to the
University of Hawaii and the community
colleges.

(3) Committee on Culture and the Arts, whose
scope shall be those programs relating to
encouraging the expression of Hawaii's
multi-cultural background and development of
all avenues of artistic endeavor that both
individuals and the community at large will
benefit and grow in appreciation of our
cultural heritage and full creative
possibilities.


HUMAN RESOURCES

This major program area covers those programs which are
intended to ensure the physical and mental health of the people,
provide adequate income and proper housing for individuals and
families, and promote the general well-being of the state's
youth and the elderly. The standing committees for this major
program area shall be:

(4) Committee on Health, whose scope shall be
those programs relating to general health,
maternal and child care, communicable
diseases, dental health, medical and
hospital services, mental health, mental
retardation, and hospitals.

(5) Committee on Human Services and Housing,
whose scope shall be those programs relating
to financial assistance, vocational
rehabilitation, social welfare services, the
general well-being of the state's youth and
the elderly, and to housing.


NATURAL RESOURCES


This major program area covers those programs which are
intended to provide for the proper development of the natural
resources of the State, provide for the development and
availability of energy resources and alternate energy resources,
promote conditions which enhance the ecological balance and the
conservation and safeguarding of the environment, and provide
for ocean recreational opportunities. The standing committees
for this major program area shall be:

(6) Committee on Water and Land Use, whose scope
shall be those programs relating to land and
water resources and use, outdoor recreation,
State parks and historic sites development
and protection, and game management.

(7) Committee on Energy and Environmental
Protection, whose scope shall be those
programs relating to energy resources and
the development of alternate energy
resources, environmental quality control and
protection, and environmental health.

(8) Committee on Ocean Recreation and Marine
Resources, whose scope shall be those
programs relating to coral, ocean and
inorganic marine resources, recreational
boating, ocean mining, mariculture,
commercial and recreational ocean fish and
fishing, including fishery development and
management, and the Coastal Zone Management
Act.


JUSTICE, PUBLIC SAFETY, AND CONSUMER PROTECTION

This major program area covers those programs which are
intended to safeguard individual and property rights, protect
consumers from fraudulent and deceptive practices, promote
public safety, and provide for the correction and rehabilitation
of adults and juveniles. The standing committees for this major
program area shall be:

(9) Committee on Judiciary, whose scope shall be
those programs relating to the courts, crime
prevention and control, criminal code
revisions, sentencing structures and
alternatives to incarceration, the rules of
the House, judicial and legal questions,
constitutional matters, programs of the
Attorney General and of the Judiciary,
individual rights and civil liberties, and
other pertinent matters referred to it by
the House. In the event of a contest, it
shall investigate and report upon the
certificates of election of members. The
committee shall consider all petitions and
other matters relating to elections and
returns referred to it by the House and
report thereon.

(10) Committee on Consumer Protection and
Commerce, whose scope shall be those
programs relating to consumer protection and
the regulation of trade, business,
professions, and occupations, and other
pertinent matters referred to it by the
House.

(11) Committee on Public Safety and Military
Affairs, whose scope shall be those programs
relating to adult and juvenile corrections
and rehabilitation, the construction of
correctional facilities, public defense, and
the management of programs relating to
parole, adult and juvenile community
correctional services, half-way houses,
rehabilitation, and corrections industries.


GOVERNMENT RESOURCES

This major program area covers those programs which are
intended to facilitate the movement of people and goods into and
from the State and from place to place within the State, promote
government efficiency, relate to persons of Hawaiian ancestry,
and provide improved employment conditions and labor-management
relations in the public and private sectors. The standing
committees for this major program area shall be:

(12) Committee on Transportation, whose scope
shall be those programs relating to air,
water, and ground transportation.

(13) Committee on Labor and Public Employment,
whose scope shall be those programs relating
to employment, government operations and
efficiency, employee pay and benefits,
employee recruitment, classification and
training, career development, employee
performance, employment conditions,
standards of conduct for employees,
collective bargaining in public employment,
and programs relating to employment,
employment opportunities, and labor-
management relations in the private sector.

(14) Committee on Hawaiian Affairs, whose scope
shall be those programs relating to persons
of Hawaiian ancestry including those
administered by the Department of Hawaiian
Home Lands and the Office of Hawaiian
Affairs.


ECONOMIC OPPORTUNITIES

This major program area covers those programs which are
intended to provide for the proper development of the economic
resources of the State. The standing committees for this major
program area shall be:

(15) Committee on Economic Development and
Business Concerns, whose scope shall be
those programs relating to new industry
development, technology, planning for
economic development and diversification,
industrial and product promotion and
financial and technical assistance to
business for interstate and intrastate
commerce, and the General Plan.

(16) Committee on Agriculture, whose scope shall
be those programs relating to agriculture.

(17) Committee on Tourism, whose scope shall be
those programs relating to tourism,
including recreational events and the
Stadium Authority.


FISCAL MANAGEMENT

This major program area covers those programs which are
intended to produce the efficient, effective, economical, and
equitable acquisition and utilization of financial resources.
The standing committee for this major program area shall be:

(18) Committee on Finance, whose scope shall be
those programs relating to overall State
financing policies, including taxation and
other revenues and cash and debt management,
and statewide implementation of planning,
programming, budgeting, and evaluation.

a. Subcommittee on Taxation
b. Subcommittee on International Relations
c. Subcommittee on Capital Improvements


LEGISLATIVE MANAGEMENT

This major program area covers those programs relating to the
administrative operations and legislative services of the House.
The standing committee for this major program area shall be:

(19) Committee on Legislative Management, whose
scope shall be those programs relating to
the administrative operations and
legislative services of the House, including
the appropriation acts providing for such
expenses.


Rule 13. Standing Committees: General Responsibility; Special
Responsibility

13.1. Standing Committees: General Responsibility. It
shall be the duty of each standing committee:

(1) to consider all bills, petitions, resolutions,
and other items relating to the programs and
matters over which it has primary responsibility
and all other items as may properly come before
it.

(2) to systematically review those portions of the
State's program and financial plan and variance
reports as may relate to programs over which the
committee has primary responsibility. Through
informational briefings, it shall gather
information and examine those portions of the
executive budget and the General and
Supplemental Appropriations bills relating to
such programs and recommend to the Committee on
Finance the programs and amounts to be spent
thereon. (The executive budget and the General
and Supplemental Appropriations Bills are
hereinafter collectively referred to as the
"State budget.") The recommended programs and
amounts, taken as a whole, shall be consistent
with and within the expenditure amounts
allocated by the Committee on Finance.

(3) to determine the objectives of the bill, make
appropriate recommendations, including, if
proper, expenditure recommendations on other
bills referred to it by the House. Such
expenditure recommendations shall be consistent
with the allocations established by the
Committee on Finance. On bills which relate to
programs and matters over which a standing
committee to which they are referred has no
primary responsibility, the standing committee
shall propose no substantive change to the bill
unless prior concurrence of the chair of the
committee which has the primary responsibility
is first obtained. If the chair of the standing
committee, which has primary responsibility over
programs and matters of a bill, does not concur
with the substantive change to the bill
affecting such programs and matters sought to be
proposed by a standing committee, any of the
chairs of the standing committees involved may
submit the matter to the Speaker for resolution.
The Speaker shall meet with the chairs of the
standing committees involved, hear their
differences, and settle their differences with a
decision which shall be the final disposition of
the matter.

(4) to review how programs over which it has primary
responsibility have been carried out in
compliance with legislative direction and
whether studies, analysis, and audit should be
conducted on all or part of the program in order
to define issues and recommend improvements.
Each standing committee shall also recommend
amendments to existing appropriation acts and
may further recommend revenue measures and
improvements to the State's planning,
programming, and budgeting system to the
Committee on Finance.


13.2. Committee on Finance: Special Responsibility. The
Committee on Finance shall:

(1) have final responsibility over all programs and
matters relating to the State's financing
policies, including taxation and other revenues,
level of expenditures, and cash and debt
management, and to the statewide implementation
of planning, programming, budgeting, and
evaluation. Subject to the provisions of these
rules, it shall consider the reports of the
fiscal officers of the State, all bills,
petitions, and resolutions, those portions of
the State budget, and all other items pertaining
to such programs and matters. It shall also
consider such other pertinent items as may be
referred to it by the House.

(2) establish, within the revenue raising ability of
the State, the general level of total
governmental expenditures for each fiscal year
of a biennial period and allocate to each
standing committee a proportionate part of such
expenditures. Each standing committee shall be
responsible for budget review of the programs
within its jurisdiction and for making program
expenditure recommendations to the Committee on
Finance. Upon receipt of the recommendations of
the other standing committees, the Committee on
Finance shall review the same to determine if,
when taken as a whole, the programs and amounts
to be expended thereon are consistent with and
within the expenditure amounts it has allocated
to the respective standing committees. In
making allocations to and in reviewing
recommendations in any program area, the
Committee on Finance shall invite the
participation of the chair of the standing
committee having primary responsibility over the
program. After review of all standing committee
recommendations, the Committee on Finance shall
be responsible for preparing General and
Supplemental Appropriations bills and the
General Public Improvements Bill for
consideration by the House. The chair of the
Committee on Finance may appoint a subcommittee
or subcommittees which shall be responsible for
the review of capital improvement projects and
grant-in-aid programs for the county governments
and for making expenditure recommendations for
the programs to the Committee on Finance and its
chair. The chair of the Committee on Finance
may appoint the chair and such members of each
subcommittee from among the members of the
Committee on Finance as the chair of the
Committee on Finance deems necessary.

(3) in all other appropriation bills, inform the
standing committee primarily responsible for the
program or matter under consideration, of the
amount and type of finances available. Upon
receiving recommendations for the expenditures
from the appropriate standing committee, the
Committee on Finance shall review such
recommendations to determine if, when taken as a
whole, the recommendations are consistent with
and within the expenditure amounts allocated.
In reviewing recommendations of the standing
committees, the Committee on Finance shall
invite the participation of the standing
committee chair concerned.

13.3. Committee on Legislative Management: Special
Responsibility. The Committee on Legislative
Management shall:

(1) make recommendation to the Speaker on the
procedures and manner in which the
administrative operations of the House should be
conducted.

(2) make recommendations on the expenses to be
included in the appropriation bills providing
for the expenses of the legislature and
procedures to insure that the expenses of the
House are in accordance with the appropriation
acts providing therefor.

(3) make recommendations to the Speaker on programs
relating to the establishment and operations of
the House staff.


Rule 14. Special Committee

14.1. The Speaker, with the approval of the House, may
appoint special committees for special or temporary
purposes to consider and report on such special or
temporary matters referred to it.

14.2. Special committees shall consist of not less than
three members each, unless otherwise ordered by the
House, to serve until discharged or until finally
reporting on such matters referred to them.

14.3. Meetings of special committees shall be conducted in
the same manner as provided for standing committees.

14.4. Special committees shall report upon matters referred
to them within the time prescribed under the
appointment of the special committees, unless further
time is given by vote of the House.


Rule 15. Committee of the Whole

15.1. Whenever any matter shall be referred to the entire
membership of the House by adoption of a motion to
that effect, the House may at any time thereafter
resolve itself into a Committee of the Whole to be
chaired by the Speaker.

15.2. The Clerk of the House shall act as Clerk of the
Committee of the Whole, without extra compensation,
and shall make a careful record of the proceedings
which shall be filed as one of the records of the
House.

15.3. The committee may, on motion, rise and ask leave to
sit at any future time. The rules of procedure in
the House shall be observed, except as follows:

(1) Any member may speak more than once on the same
subject, provided that the member shall not
speak a second time or further until others
desiring to speak have had an opportunity.

(2) The motion for the "previous question" shall not
be allowed.


Rule 16. Conference Committee

16.1. Conference committees shall consist of not less than
three members each unless otherwise ordered by the
House to be appointed for the purpose of resolving
differences between the House and the Senate on any
matters where the joint agreement of the House and
the Senate is required and shall serve until
discharged or until finally reporting on the matter
referred to it.

16.2. The composition of the conference committee shall be
as follows:

(1) The chair of the standing committee having
primary responsibility of the subject matter to
be resolved shall be the chair of the conference
committee on the part of the House. In the
absence of the chair of the conference
committee, a designee of the chair shall serve
as chair.

(2) The membership of a conference committee shall
be on a proportional basis. In appointing the
minority party members, the Speaker shall
consult with the minority leadership of the
House. The Speaker shall appoint the members of
a conference committee as the Speaker and the
chair of such standing committee having primary
responsibility of the subject matter shall so
mutually agree.

(3) In no event shall the membership of the
conference committee include any member who
shall have voted in the negative on adoption of
a substantive resolution or on third reading of
a bill which is the subject of the conference
committee.

16.3. The chair of the Finance Committee shall be
designated the chair of the conference committee on
the General Appropriations, Supplemental
Appropriations, and the General Public Improvements
bills. The chair shall invite the participation of
the primary committee chair of the standing committee
responsible for the program area to which the
appropriation relates. After review, the chair of
the conference committee shall be responsible for
preparing the budgets for consideration by the House.

16.4. The meetings of the conference committee shall be
conducted as agreed upon by the members of the
conference committee, subject to the provisions of
Rule 16.5. It shall be the position of the House
that conference committee meetings and decision-
making sessions shall be public. Public notice of
the meetings shall be given. Public notice may be
posted or announced on the House floor during the
session day. Subsequent meetings may be announced
during conference committee meetings.

16.5. The authority of a conference committee shall be
limited solely to resolving differences between the
House and the Senate versions of a bill or
resolution. Accordingly, a conference committee
shall not amend a bill or resolution by inserting
into the bill or resolution any unrelated or new
subject; provided that the above provisions shall not
apply to the General Appropriations, Supplemental
Appropriations and the General Public Improvements
bills; provided further that any increases to the
salaries, pension, or retirement benefits for any
elected or appointed officer of the State or County
shall be considered by separate bill other than the
aforesaid Appropriations and Public Improvement bills
or any bill ratifying collective bargaining
agreements.


Rule 17. Interim Committee

17.1. Interim committees may be established between regular
sessions to accomplish specified objectives and work.
The appointment of interim committees shall be
completed by the Speaker as soon as practicable.


17.2. The composition of the interim committee shall be as
follows:

(1) The chair of the interim committee shall be the
chair of the standing committee having primary
responsibility, as defined by the rules over the
programs or matters to be considered by the
interim committee.

(2) The membership of the interim committee shall be
on a proportional basis. In appointing the
minority party members to the interim committee,
the Speaker shall consult with the minority
leadership of the House. The Speaker shall
appoint the members of an interim committee as
the Speaker and the chair of the interim
committee shall so mutually agree.

17.3. Interim committees may submit interim committee
reports from time to time on matters referred to
them. The reports shall state findings of facts and
conclusions based thereon, together with such
recommendations as to the disposal of the matter.


Rule 18. Committee on the Journal

18.1. A Committee on the Journal shall be appointed to
prepare, compile, and bind the House Journal; to
enter into contracts for printing and any other acts
necessary to accomplish the purpose of printing the
Journal; and to distribute the Journal to the members
of the House at the next regular session.

18.2. The Committee on the Journal shall consist of the
Speaker, Vice Speaker, Majority Leader, Majority
Floor Leader, Minority Leader, Minority Floor Leader,
and the chair of the Committee on Legislative
Management, whose duty it shall be to prepare,
compile, and bind the House Journal, and who shall be
authorized to make contracts with any printer,
publisher, or bookbinder for the printing and binding
of said Journal. The Clerk of the House shall act as
Clerk of the Committee on the Journal. The committee
shall report from time to time to the House.

18.3. The committee may correct certain errors in all
proper cases, and shall correct any mere clerical
errors in the compilation of the Journal, such as
errors in orthography or the use of one word for
another as "affect" for "effect," "previous" for
"previously," and the like. No corrections other
than such as are authorized by this Rule shall be
made at anytime by the Clerk or the Clerk's
assistants, unless upon order of the committee.


Rule 18a. Advisory Committee on Rules and Procedure

The Advisory Committee on Rules and Procedure shall review
the Rules of the House and propose to the House such
amendments as the committee deems appropriate. The
Majority Leader shall appoint the chair and such other
members of the committee as the Majority Leader shall deem
necessary.


Rule 19. Open Committee Meetings

Every committee authorized and or established under Part
III of the Rules of the House relating to Committees shall
be a committee of the House. Every meeting of a committee
of the House or of a committee comprised of a member or
members from the House and the Senate held for the purpose
of making decisions on matters referred to the committee
shall be open to the public; provided that certain kinds of
meetings, including executive sessions, organizational
meetings, partisan caucuses and meetings the subject of
which involves the invasion of a person's right to privacy
if made public, need not be open to the public.


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