SB 2343: LRB; Legislature; Regular Sessions; Length; Working Group; Appropriations

A BILL FOR AN ACT

RELATING TO THE LEGISLATURE.

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

     SECTION 1.  (a)  The legislature notes that H.C.R. No. 138, H.D. 1, S.D.1 (2024) (H.C.R. No. 138) requested the legislative reference bureau (bureau) to conduct a study of "a continuous legislature, extending the regular session, and adding additional recess days" to the regular session.  In addition, H.C.R. No. 138 requested that the bureau:

     (1)  Discuss the pros and cons of a continuous legislative session, extending the legislative session, and adding additional recess days;

     (2)  Focus on what a continuous legislative calendar, extended legislative calendar, and a legislative calendar day [sic] with additional recess days for the State may look like, including bill and budget deadlines; and

     (3)  Examine salary needs for full-time legislators and staff.

     (b)  The legislature recognizes that the bureau has conducted and completed the requested study and submitted its report, "Sine Die Another Day:  Should Hawaii's Legislative Sessions Be Longer?", to the legislature.  In conducting the study, the bureau:

     (1)  Reviewed applicable state constitutional and statutory provisions and legislative rules impacting legislative sessions and the State's typical regular session calendar to establish a contextual basis for requirements and limitations that have shaped the current regular session framework and duration;

     (2)  Solicited information regarding ways in which a lengthened or continuous regular session could affect costs and operations of those entities most likely to be directly affected by a longer regular session;

     (3)  Examined the relevant legal provisions and legislative calendars of California, Wisconsin, Massachusetts, Pennsylvania, and Michigan, most of which have significantly longer regular sessions than Hawaii, and of the councils of the State's four counties, which meet year‑round;

     (4)  Explored certain legal and practical limitations to consider when contemplating a lengthened or continuous regular session;

     (5)  Provided mock-up legislative calendars illustrating hypothetical longer regular sessions that utilize additional recess days for 2026, an election year, and 2027, a non-election year; and

     (6)  Discussed other potential impacts and factors to consider with respect to a lengthened or continuous regular session, including a review of legislator and staff compensation.

     (c)  The legislature makes the following observations based on the bureau's report:

     (1)  The duration of the State's annual regular session appears to generally fall within the same timeframe as regular sessions in a majority of other states.  Also, some states that may technically have longer legislative sessions do not necessarily meet and conduct formal business throughout these entire periods;

     (2)  There does not seem to be a "one-size-fits-all" legislative session model that the state legislature could easily adopt to lengthen its regular session, without making significant modifications and without necessitating significant statutory and constitutional amendments;

     (3)  The state constitution requires regular sessions to commence annually at 10:00 a.m. on the third Wednesday in January and to run for not more than sixty session days, and requires that each chamber provide, by rule, a bill introduction deadline;

     (4)  However, the legislature appears to otherwise have broad discretion to determine its regular session calendar.  Regular sessions may be lengthened by adding recess days pursuant to an agreement between the house of representatives and senate, which would not require constitutional or statutory amendments;

     (5)  Fiscal bills, which generally comprise a supermajority of all bills introduced each year, usually have an effective date of July 1st (the beginning of the fiscal year) to ensure timely passage and avoid creating economic uncertainty and disruption of public services;

     (6)  The legislative process should continue to prioritize enactment of fiscal bills well before July 1, regardless of how long a regular session lasts; and

     (7)  A specific schedule for a "longer" session is needed to determine operating expenses and staffing needs.

     (d)  The legislature further recognizes that the bureau's report suggested that:

     (1)  The legislature first determine the essential timing and framework for a desirable lengthened legislative calendar for election and non-election years;

     (2)  Establishing specific and concrete proposals regarding the duration of a lengthened regular session calendar would allow parties having direct, in-depth knowledge regarding potential fiscal, operational, administrative, legal, and labor impacts within the legislative environment to more accurately frame staffing and budgetary needs and other operational issues; and

     (3)  This approach would facilitate the preparation of a more complete and reliable assessment of the feasibility and cost of establishing a lengthened or continuous regular session.

     (e)  Accordingly, the purpose of this Act is to establish a regular session review working group to consider the suggestions proposed by the bureau's report.

     SECTION 2.  (a)  There is established a regular session review working group to determine the essential timing and effective framework for a lengthened legislative session calendar for election and non-election years.

     (b)  The members of the working group shall include:

     (1)  One member of the senate, to be selected by the senate president, who shall serve as co-chair of the working group;

     (2)  One member of the house of representatives, to be selected by the speaker of the house of representatives, who shall serve as co-chair of the working group;

     (3)  The chair of the senate standing committee on ways and means, or the chair's designee;

     (4)  The chair of the house standing committee on finance, or the chair's designee;

     (5)  The attorney general, or the attorney general's designee;

     (6)  The comptroller, or the comptroller's designee;

     (7)  The chief election officer, or the chief election officer's designee;

     (8)  The chief clerk of the senate, or the chief clerk's designee; and

     (9)  The chief clerk of the house of representatives, or the chief clerk's designee.

     (c)  The co-chairs of the working group shall invite:

     (1)  The Hawaii State Association of Counties to designate one representative to serve as a member of the working group; and

     (2)  The League of Women Voters of Hawaii to designate one representative to serve as a member of the working group.

     (d)  The co-chairs of the working group may invite other persons to serve as working group members whom the co‑chairs believe will effectively assist in fulfilling the working group's duties pursuant to subsections (a) and (e).

     (e)  In making the determinations required by subsection (a), the working group shall:

     (1)  Study the feasibility of transitioning the state legislature's regular session from one that meets from mid-January to early May to one that is lengthened, which for the purposes of this Act means any regular session that is of significantly longer duration than State's typical January-to-May regular session;

     (2)  Analyze the financial impacts and necessary costs to operate lengthened regular sessions, including staffing requirements, changes to legislative services, operational costs, office space needs, and impacts on legislation;

     (3)  Analyze and recommend any constitutional, statutory, and legislative rule changes necessary to implement lengthened regular sessions;

     (4)  Examine other states that have lengthened sessions, as deemed appropriate by the working group; and

     (5)  Consider the findings and suggestions made by the legislative reference bureau in its report submitted pursuant to H.C.R. No. 138, H.D. 1, S.D.1 (2024).

     (f)  The co-chairs of the regular session review working group may contract the services of a qualified facilitator to facilitate its meetings if the co-chairs deem it appropriate.  Any contract subject to this subsection shall be exempt from chapter 103D, Hawaii Revised Statutes.

     (g)  The regular session review working group shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2028.

     (h)  The legislative reference bureau shall provide assistance to the working group in finalizing the working group's report and drafting any proposed legislation; provided that the working group shall submit a draft report to the bureau no later than October 31, 2027.

     (i)  The regular session review working group shall be exempt from part I of chapter 92, Hawaii Revised Statutes.

     (j)  The regular session review working group shall be dissolved on June 30, 2028.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $100,000 or so much thereof as may be necessary for fiscal year 2026-2027 to facilitate meetings of the regular session review working group; provided that the contracting of services using funds appropriated under this section shall be exempt from chapter 103D, Hawaii Revised Statutes.

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

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $100,000 or so much thereof as may be necessary for fiscal year 2026-2027 to facilitate meetings of the regular session review working group; provided that the contracting of services using funds appropriated under this section shall be exempt from chapter 103D, Hawaii Revised Statutes.

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

     SECTION 5.  This Act shall take effect on July 1, 2525; provided that sections 3 and 4 shall take effect on July 1, 2026.

Report Title:

LRB; Legislature; Regular Sessions; Length; Working Group; Appropriations

Description:

Establishes a Regular Session Review Working Group to determine the essential timing and effective framework for a lengthened legislative session calendar for election and non-election years.  Requires the Working Group to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature before the convening of the Regular Session of 2028.  Requires the Legislative Reference Bureau to assist the Working Group in finalizing its report and drafting any proposed legislation.  Appropriates fund.  Effective 7/1/2525.  (SD1)

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

A BILL FOR AN ACT

relating to the legislature.

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

     SECTION 1.  (a)  The legislative reference bureau, in collaboration with the department of budget and finance, shall conduct a study on the costs, savings, and potential productivity changes of transitioning to a continuous legislative calendar.  The study shall include:

     (1)  An estimate of the fiscal impact of transitioning to a continuous legislative calendar compared to the existing legislative calendar, including:

          (A)  Any additional costs or savings; and

          (B)  How much it would cost to fund a continuous legislature each month;

     (2)  The cost to fund each regular session from the regular session of 2015 through the regular session of 2025; and

     (3)  A comparison of the productivity of other continuous legislatures compared to the State, including the number of bills introduced and passed in those legislatures.

     (b)  The legislative reference bureau shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2027.

     SECTION 2.  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 2026-2027 for the legislative reference bureau, in collaboration with the department of budget and finance, to conduct a study on the costs, savings, and potential productivity changes of transitioning to a continuous legislative calendar.

     The sum appropriated shall be expended by the legislative reference bureau for the purposes of this Act.

     SECTION 3.  This Act shall take effect on July 1, 2026.

Report Title:

LRB; BNF; Continuous Legislature; Study; Report; Appropriation

Description:

Requires the Legislative Reference Bureau, in collaboration with the Department of Budget and Finance, to conduct a study on the costs, savings, and potential productivity changes of transitioning to a continuous legislative calendar.  Requires a report to the Legislature.  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.

STAND. COM. REP. NO. 2411

Honolulu, Hawaii

RE:     S.B. No. 2343

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Government Operations, to which was referred S.B. No. 2343 entitled:

"A BILL FOR AN ACT RELATING TO THE LEGISLATURE,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require the Legislative Reference Bureau, in collaboration with the Department of Budget and Finance, to conduct a study on the costs, savings, and potential productivity changes of transitioning to a continuous legislative calendar;

     (2)  Require a report of the study to the Legislature; and

     (3)  Appropriate funds for the Legislative Reference Bureau to conduct the study.

     Your Committee received testimony in support of this measure from Imua Alliance and one individual.

     Your Committee received testimony in opposition to this measure from one individual.

     Your Committee received comments on this measure from the Department of Budget and Finance, Legislative Reference Bureau, and one individual.

     Your Committee finds that pursuant to H.C.R. No. 138, H.D. 1, S.D. 1 (2024), the Legislative Reference Bureau (LRB) completed a study in December 2025 examining the feasibility of lengthening or establishing a continuous Regular Session of the Legislature.  Your Committee further finds that LRB's study concluded that the absence of a defined session framework and objective productivity standards limited its ability to provide a conclusive fiscal analysis.  This measure seeks to obtain additional detailed fiscal and comparative information by requiring the LRB to conduct another study analyzing historical session costs, projected expenses associated with a continuous calendar, and comparisons with other state legislatures that operate on a more extended basis.

     Your Committee acknowledges the concerns raised in testimony by the LRB that this measure would require another study without first defining the duration, structure, staffing assumptions, or objective standards for measuring productivity necessary to produce a meaningful fiscal and operational analysis, and that the proposed timeline and procurement requirements would likely render the study inconclusive or impracticable.  Your Committee notes that S.B. No. 3216, Regular Session of 2026, addresses these concerns by establishing a legislatively-led working group to develop a defined framework and policy recommendations before further fiscal analysis is undertaken.

     Accordingly, your Committee has amended this measure by:

     (1)  Deleting its contents and inserting the contents of S.B. No. 3216, a measure that:

          (A)  Establishes a Regular Session Review Working Group to determine the essential timing and effective framework for a lengthened legislative session calendar for election and non-election years;

          (B)  Requires the Working Group to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature before the convening of the Regular Session of 2028;

          (C)  Requires the Legislative Reference Bureau to assist the Working Group in finalizing its report and drafting any proposed legislation; and

          (D)  Appropriates fund to facilitate meetings of the regular session review working group;

     (2)  Inserting an effective date of July 1, 2525, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2343, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2343, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Government Operations,