Constituents help
determine new laws
Suppose you have an idea: If a production company films a movie in Hawaii with the help of substantial state tax breaks, then local residents should get to see that movie for free.
Sounds good, others seem to like it. How do you get it into a bill for discussion at the Legislature?
Sometimes, it's really as easy as calling your elected official.
"Most of the bills I introduce are at the request of constituents," said House Majority Leader Scott Saiki (D, Moiliili-McCully).
"I don't think anyone should feel hesitant to have legislation introduced here," he added. "It's a First Amendment right to have your ideas presented to the Legislature."
That's not to say that everything gets advanced and heard in committee.
Of the roughly 3,000 bills introduced in the House and Senate, only a couple hundred or so will make the final cut in both chambers and be transmitted to Gov. Linda Lingle, who can either veto them, sign them into law or allow them to become law without her signature.
Bills that have fallen by the wayside so far this year include everything from making it illegal to assault a referee at your child's soccer game to taxing drug paraphernalia to prohibiting circus elephants from being brought into the state.
"Because we represent our constituents, we try to be as open as possible to bill requests," said Rep. Brian Schatz (D, Tantalus-Makiki).
Sometimes a lawmaker might not even agree with a bill but will introduce it "by request" simply to open public discussion.
"That's why every year there are some interesting and even outlandish pieces of legislation that are put in," Schatz said. "Everybody who has a desire to push a bill usually comes at it with passion and some understanding of the issue."
An example of that is the elephant bill.
A proposal introduced in the Senate would prohibit elephants from being brought into Hawaii for most commercial purposes such as circuses, carnivals, educational exhibits or advertising displays.
It stems from a 1994 incident in which a circus elephant named Tyke went wild and trampled an animal trainer before crashing through a door at the Neal Blaisdell Center. The 9,500-pound elephant then made its way through the streets of Kakaako before being shot to death by police.
"I know some people who were traumatized by the Tyke incident and feel very strongly that the reason that incident occurred is because certain kinds of circus elephants are mistreated," Schatz said.
The bill has not been heard in committee. A House version of the bill also has not been heard.
"Ultimately, the chair has to really filter all of the bills that are referred to his or her committee," Saiki said. "There's no way the Legislature can hear all of the bills that are introduced."
While it might seem obvious that big companies with big money and full-time lobbyists would have the advantage in getting their bills through committees, Saiki said that should not discourage citizens and community groups.
"It's important for the community groups to be well researched and to identify legislators who can help them champion their issues and who can help shepherd their ideas through the process," he said.
He cited an example of a bill related to pawnshops that was suggested by a constituent.
"He actually had done some research and understood the system and how it could be improved," Saiki said, noting that the measure was heard in the Judiciary Committee but shelved for financial reasons. Still, "it was important to air it and to raise the issue."