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



Part V. BILLS; RESOLUTIONS
Rule 44. Bills: Introduction

Any bill may be introduced on the report of the committee or
by any member, except appropriation bills subject to the next
paragraph and except short form bills which may only be
introduced by the majority party leader or the minority party
leader after appropriate consultation with committee chairs and
other members of the Senate.

The Executive Budget, Judiciary Budget, Legislative Budget,
General Appropriations Bill, Supplemental Appropriations Bill,
Office of Hawaiian Affairs Budget, and bills for criminal
injuries compensation, for claims against the State and for
funding of collective bargaining agreements may be introduced
only by the President. Each member may introduce only one bill
appropriating money for capital improvements projects in the
member's district. The majority party leader and the minority
party leader shall develop a policy governing introduction by
individual members of bills intended to appropriate money or to
authorize the issuance of state bonds.

All bills shall be introduced under the order of resolutions.

Bills which shall carry over from a regular session in an
odd-numbered year to the next regular session shall retain the
numbers assigned to them. The Clerk shall keep a record of the
status of all bills in possession of the Senate at the end of
the odd-numbered year session and shall publish the record of
the status of all such bills prior to the convening of the next
regular session.

Every bill introduced or reported out of any committee, which
amends an existing section or subsection of the Hawaii Revised
Statutes or Session Laws of Hawaii, shall set forth the section
or subsection in full, and the matter to be deleted shall be
enclosed in brackets and any new matter added to the section or
subsection shall be underscored. However, a Supplemental
Appropriations Bill need not conform to this rule, nor an
amending bill where the intent and effect of the amending bill
can be clearly identified and understood without repeating the
entire section or subsection, in which case only the paragraphs,
subparagraphs, clauses or items to be amended need be set forth
as the President may allow. The President may allow additional
exceptions to this rule.

Rule 45. Bills: Referral to Committee

(1) Upon introduction all bills shall be numbered by the
Clerk in numerical sequence, shall bear an identification as a
Senate Bill, and shall pass first reading.

(2) Each such bill shall be referred by the President to one
or more appropriate Leadership or Standing Committees for
consideration.

(3) Any referral may be reconsidered by the President upon
written request of any chair who is aggrieved by the referral
made within forty-eight hours of the referral. The President
shall decide the request for reconsideration within a reasonable
time. The President's decision on a request for reconsideration
may be appealed by any chair aggrieved by that decision to the
Leadership Committee. No request for reconsideration or appeal
shall be considered if the timing of the request would have the
effect of killing a bill or resolution.

(4) Each Leadership and Standing Committee shall consider the
bills referred to it as expeditiously as may be possible.

Rule 46. Bills: Required Readings

No bill shall pass the Senate unless it shall have passed
three readings in the Senate on separate days. The President
shall give notice in each instance whether it be the first,
second or third reading.

Rule 47. Bills: First Reading

(1) The first reading of a bill shall be for information. If
opposition be made to it, the question shall be: "Shall this
bill be rejected?" which question may be debated. But no one
shall speak more than once upon such question, except the
introducer of the bill, who may close the debate.

(2) If the question to reject be negative, the bill shall go
to its second reading without question.

Rule 48. Bills: Second Reading

A bill upon its second reading may be read by its title only.
It then shall be subject to a motion to commit. If it is not
referred to a Leadership Committee, Standing Committee, or
Special Committee, but is ordered to be considered in Committee
of the Whole, a day for such consideration shall be determined
by the chair of such committee. When the bill is reported from
committee it shall take its place in the order of business for
future consideration.

Rule 49. Bills: Third Reading

(1) No bill shall pass third or final reading in the Senate
unless printed copies of the bill in the form to be passed have
been made available to the members of the Senate for at least 48
hours. Form to be passed means the form in which a bill is to
be (a) passed on third reading in the Senate, (b) concurred to
by the Senate after amendments have been made by the House, or
(c) passed by the Senate after a Conference Committee has agreed
upon it.

(2) A bill on its third or final reading may be read by its
title only, and the President then shall ask the Senate: "Shall
this bill pass its third reading?" or "Shall this bill pass its
final reading?" as the case may be. Upon the final passage of
any bill, the Ayes and Noes shall be called. Such passage shall
require the affirmative vote of a majority of all the members of
the Senate and the Ayes and Noes shall be entered on the
Journal.

Rule 50. Bills: Property of Senate

All bills introduced in the Senate shall be deemed the
property of the Senate and under its control unless they shall
become law, subject however to the right of the House of
Representatives to amend or to refuse to agree with the bills.

Any bill pending at the final adjournment of a regular
session in an odd-numbered year shall carry over with the same
status to the next regular session; provided that if such bill
shall have passed third reading in the Senate in an odd-numbered
session, it shall pass at least one reading in the Senate in the
next regular session upon its return to the Senate from the
House.

Rule 51. Bills: Recall from Committee

Twenty days after a bill has been referred to a committee,
the same may be recalled from such committee by the affirmative
vote of one-third of the members of the Senate.

Rule 52. Matters Tabled

When a bill or resolution or other matter has been laid upon
the table, it shall not thereafter be taken from the table and
be considered or restored to a place upon the calendar of the
Senate without the consent of a majority.

Rule 53. Bills: Amendments

(1) All amendments proposed to any bill shall be in writing,
unless otherwise ordered by the Senate, and shall be sent to the
Clerk's desk to be filed with the bill.

(2) No floor amendment to a bill shall be voted upon unless a
copy of the amendment, together with a copy of the complete bill
in a form that incorporates the floor amendment, shall have been
presented to the Clerk no later than 9:00 o'clock a.m. on the
day of the session at which the amendment is to be offered. The
Clerk shall prepare and distribute copies of the floor amendment
to each member of the Senate present.

(3) A floor amendment shall be deemed pending only after its
proponent has been recognized by the President and its adoption
has been properly moved and seconded.

(4) A floor amendment that relates to a different subject, is
intended to accomplish a different purpose, incorporates any
other bill pending before the Senate, or would alter the nature
of the bill as reported, is not germane and shall not be
considered by the Senate.

(5) An amendment to a floor amendment that is not germane to
both the floor amendment and the bill as reported shall not be
considered by the Senate.

Rule 54. Bills: Certification

When a bill is passed it shall be certified by the Clerk who
shall note the day of its passage at the bottom of the last page
of the bill.

Rule 55. Bills: Received from House of Representatives

Whenever a bill which has finally passed the House of
Representatives shall be certified to the Senate for its action,
such bill shall be read three times before final passage, in
accordance with the provision of the rules for the passage of
bills introduced in the Senate.

Rule 56. Bills: Transmittal to House of Representatives

When a bill originating in the Senate shall have passed its
third reading, or when a bill originating in the House which has
been received from the House shall have been amended, or when a
carry-over bill from an odd-numbered year originating in the
House passes its third reading in the Senate in an even-numbered
year session, such bill or such amended bill shall immediately
be certified by the President and Clerk and sent to the House of
Representatives for its consideration.

Rule 57. Bills: Correction of Errors

When a bill has passed both the Senate and the House of
Representatives and an error in it is discovered prior to its
having received the approval of the Governor, the bill may be
returned by Concurrent Resolution to the house last considering
the bill for proper correction.

Rule 58. Bills: Order of Consideration

(1) The Clerk shall send bills that have passed first reading
to be printed immediately. When they have been printed and
circulated to the members of the Senate, the President shall
refer them to the various committees. When the committees have
considered them and reported on them, the committees shall
return them to the Clerk, and the Clerk shall place them in the
Second Reading File. The Senate shall consider them in the
order in which they appear in the Second Reading File.

(2) The Clerk shall arrange bills that have passed second
reading in the order of their passage on second reading,
regardless of the date of their reference to committee or the
date of the committee report on them. The Clerk shall place
them on the Third Reading File in the order in which they passed
second reading and the Senate shall consider them on third
reading in that same order. However, if the third reading of a
bill is set for some particular date, that bill shall be removed
from the Third Reading File.

Rule 59. Bills: Special Order of Consideration

All bills and other matters set for consideration on
particular dates, shall be arranged in the order of the several
votes making such assignments. A list shall be made of such
special orders, and when the time for consideration arrives,
such bills and other matters shall be considered in the order of
assignment. If an adjournment shall be had before all of such
special orders are disposed of, the remainder shall go over and
come under the head of unfinished business on the following day,
unless otherwise ordered.


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