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



Part II. COMMITTEES
Rule 13. Committees: Types and Composition

(1) Standing Committees: The membership of each Standing
Committee and the respective Chairs thereof shall be appointed
by the President, subject to action by the Senate. The majority
and minority parties shall to the extent practicable be
represented on all Standing Committees on a proportional basis
or on such basis as may be prescribed by the Senate. The
nomination of the minority party members to Standing Committees
shall be made by the leadership of the minority party.

(2) Leadership Committees shall include majority and minority
members drawn from the ranks of the Senate leadership.

(3) Special Committees shall consist of not less than three
members each, unless otherwise ordered by the Senate, include a
member or members of the minority party, and shall be appointed
by the President from time to time as occasion requires, to
serve until discharged or finally reporting the specific matter
referred. The Senate may establish investigative committees
pursuant to Chapter 21, Hawaii Revised Statutes; such committees
shall have such powers and be bound by such conditions as may be
provided by law or by these Rules.

(4) Conference Committees shall consist of not less than
three members each and be managed by the Chair of the Standing
Committee having primary responsibility of the subject matter to
be resolved, unless otherwise ordered by the Senate, and shall
be appointed by the President from time to time as occasion
requires, to serve until discharged or finally reporting the
matter referred. The President may discharge a Conference
Committee only upon concurrence with the Majority Leaders.

(5) The Committee of the Whole Senate.

Rule 14. Committee Chairs

(1) The first two persons named on the Committee shall be
Chairs. Either Chair, or both of them, as they shall agree,
shall call meetings and preside.

(2) Whenever the word "chair" is used in these rules, it
means both chairs, or either one of them, as shall be
appropriate in the context in which the word is used.

Rule 15. Committees: Control and Excuse from Membership

Committees shall be under the control of and subject to the
orders of the Senate, and shall faithfully carry out such
orders. Any member may be excused from serving on any committee
at the time of appointment, if already a member of four other
committees.

Rule 16. Standing Committees

Standing Committees shall be appointed for major subject
matter areas at the opening of the session, or as soon
thereafter as possible, to serve during the Nineteenth
Legislature. The Standing Committees and their areas of
jurisdiction shall be as follows:

(1) Committee on Commerce, Consumer Protection, and
Information Technology. The purview of this committee includes
those programs relating to business regulation, occupational
licensing, consumer protection, financial institutions,
insurance regulation, public utility regulation;
telecommunications; and use of information storage,
transmission, processing, and telecommunications technologies by
public agencies and institutions.

(2) Committee on Economic Development. The purview of this
committee includes those programs relating to economic
development, tourism, agriculture, aquaculture, fisheries, and
mariculture, including ocean resources, energy resources, and
other new industry development; financial and technical
assistance to business; recreation, sports and athletics, state
parks and beaches, recreational boating, and Aloha Stadium.

(3) Committee on Education. The purview of this committee
includes those programs relating to early education, public
schools, continuing education, and the public libraries; the
University of Hawaii and community college system; and culture,
historic preservation, and the arts.

(4) Committee on Government Operations and Housing. The
purview of this committee includes those programs relating to
housing development, the landlord tenant code, condominium
property regimes, and leaseholds; and state government
operations, including procurement and government efficiency.

(5) Committee on Health and Environment. The purview of this
committee includes programs relating to general health, maternal
and child care, communicable diseases, dental health, medical
and hospital services, mental health, mental retardation, and
hospitals; population; and environmental quality control and
protection, including litter control, recycling, wastewater
treatment, endangered species, and hazardous waste.

(6) Committee on Human Resources. The purview of this
committee includes those programs relating to public assistance,
Medquest, youth services, early childhood education and care
programs under the Department of Human Services, and vocational
rehabilitation; programs relating to the promotion of the
general well-being of Hawaii's youth and elderly population; and
programs relating to public officers and employees, labor,
employment opportunities and training, labor-management
relations, and collective bargaining.

(7) Committee on Judiciary. The purview of this committee
includes those programs relating to courts; crime prevention and
control, including juvenile justice matters; criminal code
revision; statutory revision; campaign spending and elections;
constitutional matters; programs of the Attorney General, Public
Defender and Judiciary; individual rights and civil liberties;
and programs relating to public safety and corrections.

(8) Committee on Transportation and Intergovernmental
Affairs. The purview of this committee includes those programs
relating to air, water, and surface transportation; civil
defense; military and veteran's affairs; county, federal, and
foreign relations; and matters of concern to the counties.

(9) Committee on Water, Land, and Hawaiian Affairs. The
purview of this committee includes those programs relating to
state planning, urban renewal, community development, land and
water use, coastal zone management, land reclamation; and
Hawaiian affairs, including the Office of Hawaiian Affairs,
sovereignty, and Hawaiian homestead lands.

(10) Committee on Ways and Means. The purview of this
committee includes those programs relating to overall state
financing policies, including taxation and other revenues, cash
and debt management, and statewide implementation of planning,
programming, budgeting, and evaluation; government structure and
finance.

Rule 17. Standing Committees: General Responsibility

(1) General Responsibility. On the bills referred to it by
the President, the committee shall determine objectives, make
program recommendations and, where appropriate, make expenditure
recommendations. For those bills which require appropriations,
the committee shall make expenditure recommendations consistent
with the expenditure allocations established for the bills by
the Committee on Ways and Means, which shall make the final
recommendation to the Senate.

(2) Subsequent referral committees. On bills that have been
referred by the President to more than one committee, unless
otherwise ordered by the Senate, the subsequent referral
committee shall make no substantive change, except changes which
affect the subject matter over which the subsequent referral
committee has primary jurisdiction, without prior written
approval of the preceding referral committee chair having
primary jurisdiction over the subject matter affected by the
change.

Rule 18. Committee on Ways and Means: Special Responsibility

It shall be the duty of the Committee on Ways and Means, in
considering the General Appropriations Bill or the Supplemental
Appropriations Bill, to determine for each fiscal year of the
biennium the appropriate level of total expenditures and the
level of expenditures for program areas.

To the extent practicable, the Committee on Ways and Means
shall make available to members of the Senate the contents of
the General Appropriations Bill or the Supplemental
Appropriations Bill during the 48-hour period prior to the
passage of such bills on third and final reading.

Concerning all other bills requiring appropriations, it shall
be the duty of the Committee on Ways and Means to inform the
Standing Committee responsible for the program area to which the
appropriation relates of the amount and type of financial
resources available, and it shall review the expenditure
recommendation of the Standing Committee to determine that the
recommendation is consistent with the resources available.

In determining the amount and type of resources available for
a bill requiring an appropriation and in reviewing the
expenditure recommendation of the Standing Committee, the
Committee on Ways and Means shall invite the recommendation of
the chair of the Standing Committee responsible for the program
area to which the appropriation relates.

Rule 19. Leadership Committees

Leadership Committees shall be appointed by the President at
the opening of the session, or as soon thereafter as possible.
A leadership Committee on Legislative Management shall be
appointed by the President to perform the duties and
responsibilities of the Committee as may be provided by law.
Because Leadership Committees have jurisdiction over issues of
organizational and institutional interest to the Senate, their
membership shall include members drawn from the ranks of the
Senate Leadership, thus assuring high-level consideration of
these issues.

Rule 20. Meetings of Committees

Meetings, including decision-making sessions, of leadership
committees appointed by the President, and Standing Committees
shall be public provided that meetings in executive session may
be allowed in such exceptional circumstances when committee
discussion could unfairly damage the reputation of individuals
or where there is a legal question concerning a bill.

Notice of meetings and decision-making sessions shall be
publicly posted by first referral committees at least 72 hours
before their meetings and by subsequent referral committees at
least 48 hours before their meetings, provided that these notice
requirements may be waived with the approval of the President
upon good cause shown.

No committee shall sit during the time when the Senate is
actually in session without first securing the approval of the
President, except Conference Committees which may sit at any
time.

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

The meetings of a Conference Committee shall be conducted as
agreed upon by the members of the Conference Committee.
Conference Committee meetings and decision-making sessions shall
be public. Public notice of Conference Committee meetings shall
be given to the extent practicable.

Rule 21. Decision-Making by Committee

(1) The chair of a standing committee may commence a
decision-making meeting and open discussion on matters referred
to the committee without a quorum; provided that the decision-
making by the committee on matters that are referred to it shall
be conducted with a quorum of the committee present. A quorum
shall be a majority of the membership of the committee.

(2) A favorable vote of a majority of the members present at
a decision-making meeting duly constituted with a quorum is
required to report a matter out of committee. A member voting
"with reservations" shall be counted as a favorable vote.

(3) The presence of a quorum and the final vote of each
member who is present at the decision-making meeting of a
standing committee shall be recorded by the chair or by a member
of the committee designated by the chair. This record shall be
attached to and shall be a part of the report of the standing
committee.

Rule 22. Public Hearings on Bills

(1) Subject to this rule, the selection and scheduling of a
bill for public hearing shall be at the discretion of the chair
of the committee having jurisdiction over the bill.

(2) The chair's determination that a bill will have a public
hearing shall be final notwithstanding the opposition of a
majority of the members of the committee.

(3) At the written request of a majority of the members of
the committee, the chair shall schedule a bill for public
hearing.

Rule 23. Committee Reports

(1) The leadership committees as may be appointed by the
President and Standing Committees shall report from time to time
upon all matters referred to them.

(2) Special Committees shall report upon matters referred to
them within the time permitted in the appointment of the Special
Committee unless further time is given by vote of the Senate.

(3) A Conference Committee shall not report upon the matter
referred unless a majority of the members appointed by the
President have concurred in the report.

Rule 24. Committees: Factfinding and Content of Reports

(1) Whenever any matter shall be referred to a committee it
shall be the duty of the committee to make diligent inquiry into
all of the facts and circumstances connected with the matter.
If necessary, witnesses shall be summoned or subpoenaed, and
everything shall be done to bring all facts pertaining to the
matter before the Senate in accordance with the provisions of
Chapter 21 of the Hawaii Revised Statutes. The President may
exercise such powers authorized under Chapter 21, relating to
the issuance of subpoenas, and the President, committee chair
and other duly delegated members of the Senate may exercise such
powers authorized under Chapter 21 aforesaid, relating to the
administering of oaths, and the compelling of witnesses who have
been subpoenaed to testify. All committee meetings held on
matters referred to it by the Senate shall be open to the public
unless otherwise ordered by the Senate or otherwise provided by
these Rules.

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

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

(4) The committee shall report whenever a majority of the
members present at the decision-making meeting duly constituted
with a quorum is in favor of reporting the bill or resolution
out of the committee. The report, after being made available,
for review by the members of the committee, and after subsequent
revisions thereto, if any, shall be the final report of the
committee. The final report of the committee shall be attested
to by the signature of the chair on behalf of the members of the
committee. The action of the committee on the bill or
resolution or any amendments thereto, if any, and the final vote
of each member of the committee recorded by the chair or the
chair's designee at a decision-making meeting shall not be
changed in the review of the report, unless the change is made
at an open decision-making meeting conducted with a quorum of
the committee present. The minority of the members present at
any decision-making meeting duly constituted with a quorum may
report.

Rule 25. Committee of the Whole

(1) The Senate from time to time may resolve itself into a
Committee of the Whole. Whenever any matter shall be referred
to such committee upon the adoption of a motion to that effect,
the President shall call some member to take the Chair (unless
the Senate shall nominate a chair), which being done, the Senate
then shall be in committee.

(2) The Clerk of the Senate 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 Senate.

(3) The committee, on motion, may rise and ask leave to sit
at any future time.

(4) When a bill shall be referred to the Committee of the
Whole, the bill shall be first read throughout by the Clerk, and
then again read and debated by sections, leaving the preamble to
be the last. All amendments, noting the page and line, shall be
duly entered by the Clerk on a separate paper, as the same shall
be agreed to by the committee, and so reported. When a bill is
ordered into Committee of the Whole, such order may dispense
with the reading of the whole bill before considering it section
by section.

(5) In Committee of the Whole, the rules of procedure in the
Senate shall be observed except that any member may speak more
than once on the same subject, but no person shall speak a
second or further time until others desiring to speak shall have
had an opportunity, nor shall the motion for the previous
question be allowed. A time limit for debate may be fixed by
vote.


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