HB 1465: RELATING TO THE LEGISLATURE.

A BILL FOR AN ACT

relating to the legislature.

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

     SECTION 1.  The legislature finds that members of the legislature need to maintain a residence in reasonable proximity to the state capitol year-round.  All lawmakers are also required by law to maintain a home in their district.  To realize equity in representation for all neighbor island legislators, the legislature finds a need for a basic housing allowance for those that deem it necessary to have a residence in proximity to the state capitol in addition to their in-district residence, as is typical with many federal government assignments outside of district.

     For all legislators that maintain a primary residence outside of the capitol district on other islands, a basic allowance for housing should be available where:

     (1)  If a basic housing allowance is granted, rates are to be in conformance with and never exceed federal standards;

     (2)  Members who have been granted a full basic housing allowance will have per diem out of session reduced by the housing amount and paid only the meals and incidental expenses component of per diem; and

     (3)  Members seeking to obtain the basic housing allowance must be approved for the basic housing allowance by the president of the senate or speaker of the house of representatives, as applicable.

     SECTION 2.  Chapter 24, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§24-     Basic housing allowance for a non-Oahu legislator during session.  In addition to the allowance allowed under section 24-2, a member of the legislature whose legal residence is on an island other than the island of Oahu may, upon approval by the president of the senate or speaker of the house of representatives, as applicable, receive a basic housing allowance during session, which shall be set at a rate equal to, but not to exceed, the O-9 per diem rate for lodging established by the Defense Travel Management Office."

     SECTION 3.  Section 24-2, Hawaii Revised Statutes, is amended to read as follows:

     "§24-2  Allowance for non-Oahu legislator during session.  (a)  A member of the legislature whose legal residence is on an island other than the island of Oahu shall receive an additional allowance to cover all personal expenses [such as board, lodging,] and incidental expenses but not travel expenses.  The allowance under this section shall be set at a single rate that will:

     (1)  Not exceed the greater of the maximum allowance for such expenses payable to any public officer or employee of the federal government or the State;

     (2)  Be reasonably calculated to cover the expenses specified in this section; and

     (3)  Be determined jointly by the president of the senate and the speaker of the house of representatives for the legislature as a whole.

     (b)  The allowance shall be paid to each member at the rate prescribed for each day, from the first to the last day of each session, including Saturdays, Sundays, holidays, and days of recess pursuant to the mandatory recess required by article III, section 10, of the Constitution or a concurrent resolution, except for days of recess when a session of the legislature is recessed for more than three days pursuant to a concurrent resolution and for days of unexcused absence of the member from a meeting of the respective house."

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the purposes of this Act.

     The sums appropriated shall be expended by the senate for the purposes of this Act.

     SECTION 5.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the purposes of this Act.

     The sums appropriated shall be expended by the house of representatives for the purposes of this Act.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2025.

Report Title:

Legislators; Basic Housing Allowance; Per Diem; Appropriation

Description:

Establishes a basic housing allowance for legislators whose legal residence is on an island other than the island of Oahu during session.  Appropriates funds.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.