Bill Text: HI HB1744 | 2024 | Regular Session | Introduced

Hawaii House Bill 1744

Introduced

Bill Title: Proposing An Amendment To The Hawaii State Constitution To Clarify Legislative Voting Procedures.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced) 2024-01-24 - Referred to JHA, FIN, referral sheet 1 [HB1744 Detail]

Download: Hawaii-2024-HB1744-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1744
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

proposing an amendment to the hawaii state constitution to clarify legislative voting procedures.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to propose an amendment to article III of the Constitution of the State of Hawaii to clarify that a legislator who is present to vote on any bill, resolution, confirmation of an appointment, or adoption of a report of a committee shall:

(1) Vote either "aye" or "no" on the matter, unless the member is recused from voting; and

(2) Be prohibited from voting "aye with reservations".

SECTION 2. Article 3, section 12, of the Constitution of the State of Hawaii is amended to read as follows:

"ORGANIZATION; DISCIPLINE; RULES; PROCEDURE

Section 12. Each house shall be the judge of the elections, returns and qualifications of its own members and shall have, for misconduct, disorderly behavior or neglect of duty of any member, power to punish such member by censure or, upon a two-thirds vote of all the members to which such house is entitled, by suspension or expulsion of such member. Each house shall choose its own officers, determine the rules of its proceedings and keep a journal. The ayes and noes of the members on any question shall, at the desire of one-fifth of the members present, be entered upon the journal.

A member who is present to vote on any bill, resolution, confirmation of an appointment, or adoption of a report of a committee, whether the vote occurs during a floor session or in a committee, shall vote either "aye" or "no" on the matter, unless the member is recused from voting. The practice of voting "aye with reservations" shall be prohibited.

Twenty days after a bill has been referred to a committee in either house, the bill may be recalled from such committee by the affirmative vote of one-third of the members to which such house is entitled.

Every meeting of a committee in either house or of a committee comprised of a member or members from both houses held for the purpose of making decision on matters referred to the committee shall be open to the public.

By rule of its proceedings, applicable to both houses, each house shall provide for the date by which all bills to be considered in a regular session shall be introduced."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall a member of the state legislature who is present to vote on any bill, resolution, confirmation of an appointment, or adoption of a report of a committee, be:

(1) Required to vote either "aye" or "no", unless the member is recused; and

(2) Prohibited from voting "aye with reservations"?"

SECTION 4. New constitutional material is underscored.

SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:	_____________________________

Report Title:

Constitutional Amendment; Legislature; Voting; Aye with Reservations; Prohibition

Description:

Proposes an amendment to article III of the Constitution of the State of Hawaii to clarify that a legislator who is present to vote on any bill, resolution, confirmation of an appointment, or adoption of a report of a committee, whether in a floor session or in committee, shall vote either "aye" or "no" on the matter, unless the member is recused. Prohibits the practice of voting "aye with reservations".

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