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



Part IX. DECORUM; DISCLOSURES; PEER REVIEW; PUNISHMENT
Rule 72. Misconduct; Procedure; Peer Review

No member of the Senate shall be subject to a charge for
misconduct, disorderly behavior, or neglect of duty unless the
person making the charge shall have first given notice of the
charge to the President and to the member being charged.

Upon receipt of the charge, the President shall attempt to
resolve the matter in an administrative proceeding between the
person making the charge or through whom the charge is being
made and the member being charged. If the matter cannot be
resolved administratively, the President may appoint a Special
Committee to be chaired by the Vice-President or such other
member as the President may designate to investigate, hear and
report upon the conduct of the member charged for misconduct,
disorderly behavior or neglect of duty. Any member so charged
shall be informed in writing of the specific charge or charges
made against the member and have opportunity to present evidence
and be heard in the member's own defense before the Special
Committee. Following its investigation and hearing, the Special
Committee shall file its report with the President setting forth
its findings and recommendations.

If the committee recommends dismissal of the charge or
charges, the President may dismiss the charges without further
hearing, or the President may present the report of the
committee to the Senate for its consideration. The Senate, by a
majority vote, may dismiss the charge or charges against the
member without a hearing.

If there is no dismissal of the charge or charges, or if the
committee recommends censure, suspension or expulsion, the
President shall present the report of the committee to the
Senate for its consideration and decision. The member who is
charged, shall be informed in writing of the presentation of the
charge or charges of the committee report to the Senate and be
given an opportunity to be heard in the member's own defense.
The Senate, by a majority vote, may dismiss the charge or
charges without a hearing, or with notice and an opportunity to
be heard in the member's own defense, censure a member or, upon
a two-thirds vote of all the members of the Senate, suspend or
expel a member.

At any stage of the charge against a member, the member shall
have a right to be represented by a person or persons of the
member's own choosing.

Rule 73. Decorum: Transgression of Rules

If any member transgresses the rules of the Senate, the
President, or any member, may call such member to order, and,
when so called to order, the member immediately shall sit down.
The President then shall decide the question of order without
debate, subject to an appeal to the Senate.

The President may call for the sense of the Senate on any
question of order.

Rule 74. Decorum: Address

When any member is about to speak, such member shall rise
from the member's seat and address all remarks to the President.
While speaking, the member shall confine all remarks to the
question under debate, shall refer to other Senators by title
only (e.g., "Senator from the ____________ District"; "The Chair
of the Committee on ____________"; "The Majority Leader,") and
not by name and shall avoid personalities.

Rule 75. Decorum: Person Called to Order While Speaking

Whenever any person shall be called to order while speaking,
such person shall be deemed to be in possession of the floor
when the question of order is decided and may proceed with the
matter under discussion.

Rule 76. Decorum: Presence in Senate

No person shall sit at the desk of the President or Clerk,
except by permission of the President, nor shall any person,
other than a member, officer or permitted employee or person,
sit in the main Senate floor area during any of the sessions of
the Senate.

Rule 77. Decorum: Conduct in Session

When the President is putting any question or addressing the
Senate, no one shall walk out of the room or across the floor.
When a member is speaking, no one shall entertain a private
discourse, nor shall anyone pass between the member speaking and
the Chair.

Rule 78. Decorum: Disorderly Conduct in Session

If, during any session of the Senate, any member should
behave in a disorderly manner the President shall order the
member to be seated and preserve the peace. If such member then
shall persist in disorderly conduct, the President shall order
the Sergeant-at-Arms to remove the member from the Senate and
the member shall not be permitted to take a seat during the
remainder of that day's session, except upon satisfactory pledge
given to the Senate for future good behavior.

For the punishment of any person not a member, the provisions
of Article III, Section 18 of the Constitution shall govern.

Rule 79. Decorum: Recording of Debate Called to Order

If any Senator is called to order for words spoken in debate,
upon the member's demand or on that of any other Senator, the
words objected to shall be taken down in writing and noted by
the Clerk, and, if required, shall be read for the information
of the Senate.

Rule 80. Decorum: Smoking

No member or other officer shall smoke within the Senate
Chamber during any of the meetings of the Senate.

Rule 81. Decorum: Solicitation Prohibited

An officer or employee of the Senate shall not solicit
subscriptions, for any purpose, from any other officer or
employee thereof, nor from any Senator. Nor shall any person be
permitted to solicit or receive subscriptions or contributions
for any purpose on the floor or in the lobby of the Senate or in
any Senate office.

Rule 82. Disclosures

Each member shall file with the Ethics Commission of the
State of Hawaii, a disclosure of the member's private financial
interests, as prescribed by law. Each member shall file with
the Ethics Commission any change in such financial interests.

If a legislative matter which affects a member's interests
arises before the member has made a disclosure to the Ethics
Commission, the member shall disclose orally such interest to
the Senate before voting. The member then shall immediately
make the written disclosure required by law and the Rules of the
Senate.

Any member who has filed a disclosure as required by this
Rule need not make a further oral disclosure on the Senate floor
of any interest so filed.

Rule 83. Violating Confidence

If any matter covered in Rule 35 or 36 shall be disclosed by
any Senator, the Senator shall be liable to censure, or, by a
two-thirds vote, to suspension or expulsion from the Senate. If
an officer or other person authorized to hear such matter shall
disclose the matter, such officer shall be dismissed and such
other person shall be liable to punishment for contempt
comparable to the punishment provided for by Article III,
Section 18 of the Constitution and in the manner as therein
prescribed.


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