Proposed Legislation

PROPOSED LEGISLATION

What is the meaning of “proposed legislation” and how does it get from being a proposal to being codified in the Hawaii Masonic Code? Is there a process that it goes through with time limits, various people reviewing it or what?

Over the past seventeen years, one question seems to keep cropping up, “where are the proposals”, “how do we get to discuss proposals if we don’t have sufficient time?” or other derivatives of that ilk.

Committees also don’t have sufficient time to review and provide their reports to the Grand Secretary and the Jurisprudence Committee. The Code Review Committee then must decipher what is and is not part of the accepted or passed legislation.

Previous Grand Masters have tried to make the submission of proposed legislation easier for the proponents and also for the committees reviewing them and the Brethren who must vote on the proposal and for the Code Review Committee who ultimately have to publish the changes to the Hawaii Masonic Code.

It is not correct to simply say, it’s the Grand Secretary’s fault, he is at the mercy of the proponents, and the committees. He is more like a guard and a messenger.

Purpose
This article has been prepared to assist you in the preparation and submission and consideration of your proposals and to help you understand the timing at the various levels and how a proposal is written and considered. I hope that this helps you. If you have suggestions, please don’t hesitate to present them. This information is also posted in my blog located at http://changestohmc.blogspot.com/

Below is the format that MW Donald Wilson, PGM used during his term. MWs Phillips, Hager and Wieckowicz used the same submission to maintain consistency and to provide for ease of administration regarding legislation.

Submission of Proposed Legislation-Format

The following copy of the MW Wilson’s letter is basically the format for the letter informing the Past Grand Masters, Grand Lodge Officers, Lodge Masters and Secretaries of the timing and the format for the proponents to follow in the submission of their proposals. It further informs them that the information is to be read at the Lodge’s next stated meeting and placed in their next trestleboard (newsletter) so that all may be apprised. The format for the “proper” or as indicated in the Hawaii Masonic Code as the lawful form is the enclosure to that letter, which provides the form and further instructions regarding its submission. These both are shown immediately below.

The Letter discussed follows:

21 March 2001

To: All PGMs, GL Officers, Lodge Masters and Secretaries
From: Grand Master

Subj: Resolutions to be voted on at the Annual Communication on 12 January 2002.

Ref: (a) Sec. 160 Hawaii Masonic Code
(b) Sec.1108.17th Hawaii Masonic Code

The deadline for submission of proposed resolutions for consideration, at the upcoming Annual Communication, must be submitted to the Grand Secretary, in proper form, no later than 27 August 2001.

Attached you will find an example of the “proper form” of a resolution for consideration with explanation.

Proposed resolutions containing more than two signatures will indicate the two proponents authorized to speak on the resolution before committees and Grand Lodge. All proposed resolutions shall be submitted in “proper form”, as indicated on the attached, to be received no later than 27 August 2001 by the Grand Secretary, to be deemed timely. Those proposed resolutions received which are not in “proper form” or untimely will be returned to the submitter.

There will be no exceptions.

This Communication is to be read at your next stated meeting after receipt and to be published in your next trestleboard so that all may be apprised.

Fraternally,


Donald W. Wilson
Grand Master
Attest:


Raymond Wieckowicz, Jr., Grand Secretary

The format, known as the “lawful” submission to be used in submitting proposed legislation to the Grand Secretary follows:

To the Most Worshipful Grand Lodge F. & A. M. of Hawaii

WHEREAS, Section 3368 of the Hawaii Masonic Code provides that the Trial Master, in a trial of an individual Mason, may employ a duly accredited stenographic reporter to transcribe the proceedings of such trial; and

WHEREAS, Section 3368 also requires that any such stenographic reporter be a Master Mason; and

WHEREAS, within the state of Hawaii, very few, if any, duly accredited stenographic reporters are Master Masons; and

WHEREAS, most trials of individual Masons do not involve disclosure of any of the secrets of Freemasonry; and

WHEREAS, it would be beneficial to permit a Trial Master the option and discretion to have a stenographic reporter transcribe the proceedings, if a reporter who is a Master Mason is not available.

NOW, THEREFORE, BE IT RESOLVED that Section 3368 of the Hawaii Masonic Code be amended as marked.

Section 3368. STENOGRAPHIC REPORTER.
For a Masonic trial, at the option of the Trial Master, a duly accredited stenographic reporter may be employed. if he is a Master Mason Whenever reasonably possible, such reporter shall be a Master Mason. The Trial Master shall, however, have the option to employ a stenographic reporter who is not a Master Mason if he has first
reasonably concluded that the conduct of the proceedings is not likely to disclose
any of the secrets of Freemasonry. If the reporter is a Master Mason, he and shall
qualify in the manner provided for the qualification of Masonic witnesses upon
his honor as a Master Mason before entering upon his duty. The expenses of such reporter shall be borne by the Lodge of which the accused is a member, if a Lodge in this jurisdiction. If the accused is not affiliated in this jurisdiction, and the reporter is employed with the approval of the Grand Master, the claim of said reporter shall be forwarded to the Grand Secretary, certified as correct by the Master and Secretary of the Lodge in which the trial was held and paid by the Grand Lodge in the same manner as other bills. Arguments of counsel are not part of the trial record.

Proponents:

Hopeful Justas Hopeful
Printed name and Signature Printed name and Signature

(Others may sign, however, only the two selected and indicated proponents above, are authorized to speak before committees and Grand Lodge.

(The old material to be deleted is lined out as shown and the new material is underscored. In the event the resolution is passed, the change to the HMC will be as shown without the deleted or lined out information. The new information (that underscored) will be inserted and the accepted Section will be published to the HMC as a change)

There are specific time frames that must be followed to ensure that proper attention is given to the submissions received. This article provides this information by presenting the applicable sections of the Hawaii Masonic Code. Adherence to these time frames ensures your submissions receive proper attention. Although the sections referred to appear to be out of order, you will notice that they speak to the calendar days beginning with 160 days prior to the next Annual Communication and advance to 60 days prior to the Annual Communication. The days and other important information has been highlighted to assist you in identifying them and to be aware of those deadlines.

Our next Annual Communication is scheduled for the 18th and 19th of April 2008.

§150. ANNUAL COMMUNICATION.
The Grand Lodge shall hold an Annual Communication for the transaction of its
regular business on two (2) consecutive days commencing at 9 o'clock a.m. on
the third Friday and following Saturday of each April, in the City and County of
Honolulu; provided, however, that said Annual Communication may be held in
the State of Hawaii at any other place or time upon the adoption, by a two-thirds
vote, of a resolution so providing, at any previous Annual or Special
Communication called for the purpose.[D91-2 Repealed] [D92-3] Res.2001-
14;1/11/02 , Res. 2004-01 as amended.

Further, the Grand Master may extend the Annual Communication to include
the preceding Friday if the business to be before the Grand Lodge is deemed
sufficient to warrant the extensions, and providing the Grand Master advises the
Lodges and other voting members of the Grand Lodge of the extension at least
seventy-five days in advance of the proposed extension. Further, these
changes shall be effective in the year 2003. [D91-02 Repealed] [D92-03]
[Res.2001-14; Jan 2002]

§1200. REFERENCE OF BUSINESS TO COMMITTIES.
Business of every kind shall be referred to and reported upon by a committee before it can be finally acted upon, unless by unanimous consent, and whenever referred to more than one committee, all such committees shall report thereon before any vote shall be taken in the Grand Lodge. When the report of the Committee, or Committees, is presented the vote shall be taken upon the business as originally presented.

§500. WHEN MAY BE PRESENTED.
Any proposed amendment to this Constitution shall be presented by written resolution or recommendation to the Grand Secretary at least 160 days prior to the commencement date of the next Annual Communication, provided, however, that this restriction shall not apply to emergent matters which may be presented and considered at any time upon consent of two-thirds vote of the members present. All such resolutions and recommendations shall be referred to the Committee on Jurisprudence, which shall report thereon before vote is taken. When the report of said committee is presented the vote shall be taken on the amendment. Res. 00-15; 1/2001

§1108.17th. This is part of the Grand Secretary’s Duties. To transmit, at least 140 days prior to the commencement date of the next Annual Communication, a copy of each and every resolution and recommendation lawfully presented to him, to the Masters of the several Lodges, Inspectors and Members of the Committees on Jurisprudence, Policy and General Purposes and Finance. Res. 00-15; 1/2001

This provides the parties with the knowledge that a submission on a certain subject which may impact certain provisions may be voted on. The committees receiving the proposed legislation will obtain information from the proponents to understand the intent and reason for the submission. The best method to ensure that the proposal provides the intent and will bring about the desired result, is to speak directly to the proponent(s). This is the primary reason for the period of time. The Jurisprudence, Finance and Policy and General Purposes Committees, at a minimum, will have 50 days to ensure that the final wording of the proposal will be presented. together with the brief statement of purpose and effect of each to the Grand Secretary for dissemination. Although the Jurisprudence Committee may rewrite the proposal to ensure it meets the intent etc., desired by the proponent, it does not mean the initial proposal need not be submitted in lawful form.

§1204. COMMITTEE ON JURISPRUDENCE.
The Committee on Jurisprudence shall report to the Grand Lodge its recommendations as to the legality of decisions and dispensations issued by the Grand Master, Life Membership resolutions, and other matters referred to said Committee; and whether proposed amendments to the Hawaii Masonic Code will accomplish the purpose of the proponents and the legal effect of the proposed amendments. When appropriate, it shall prepare legislation to accomplish the recommendations or decisions of the Grand Master, officers of Committees or Boards of Grand Lodge, and shall report to Grand Lodge
thereon with its recommendations.

Upon receipt from the Grand Secretary of proposed Resolutions and recommendations to be considered at the next Annual Communication, and recommendations or decisions of the Grand Master, Officers of Committees or Boards of Grand Lodge, the Committee on Jurisprudence shall review them and prepare legislation as may be required, together with a brief statement of the purpose and effect of them by the Grand Lodge and which will carry out the intent of the proponents and confer with the Committees on Policy and General Purposes, and Finance and will consolidate their reports and recommendations
with theirs and transmit, at least 90 days prior to the commencement date of the next Annual Communication, a copy of any and all such Resolutions and recommendations and decisions together with the brief statement of purpose and effect of each to the Grand Secretary for dissemination. Res. 00-15; 1/2001

At this point, the Grand Secretary has now received the proposals as they are to be presented at the Annual Communication along with the reports from the committees that have provided input regarding them and the effects they will have on the Craft in this jurisdiction.

The Grand Secretary now has thirty days to prepare the packages for dissemination to those indicated in §1108.17a. To transmit at least 60 days prior to the commencement date of the next Annual Communication, a copy of each and every resolution and recommendation presented to him by the Committees on Jurisprudence, Policy and General Purposes and Finance, to the Past Grand Masters, Masters and Wardens of each constituent Lodge, and the Inspectors. Res. 00-15; 1/2001

Now the Past Grand Masters, Masters and Wardens of each Lodge and the Inspectors will be able to discuss the proposals, with each other, among themselves or within their Lodges and make decisions of whether to vote in favor of or to reject them.

In accordance with §502, if two-thirds of the vote shall be in favor of such proposed amendment it shall be declared adopted; and, from and after the close of that Communication, it shall become a part of the Constitution.

If however, the vote in favor of the proposed amendment is less than two thirds, but there be a majority it shall lay over for one year, and shall be published with the proceedings, under the caption of "Proposed Amendment to the Constitution"; and if, at the next succeeding Annual Communication, it shall receive two-thirds of the votes given thereon, it shall be declared adopted; and, from and after the close of that Communication,
it shall become a part of the Constitution. (§504)

§1201. COMMITTEE MEMBERSHIP.
Unless these Ordinances specifically determine the composition thereof, every Grand Lodge committee shall consist of Master Masons who are members in good standing of a Lodge in this Jurisdiction, and who possess sufficient talent, skill, experience and interest to carry out the duties and purposes of the committee. In addition to regular committee members, the Grand Master may appoint any Mason who is a member in good standing of a Lodge in this Jurisdiction as a non-voting consultant to a committee, if such consultant possesses special talent, skill or experience in the matters to be considered by
the committee, which consultant shall serve at the Grand Master's will and pleasure. §1201Added by Res 99-1

§1202. STANDING COMMITTEES.
The following standing committees shall be appointed by the Grand Master at each Annual Communication just before the close thereof, viz: On Jurisprudence, on Policy and General Purposes, on Temple Properties, on Public Schools, on Charters, on Grand Lodge Week Activities, on Finance, on Trial Review, on Credentials, on Travel Allowances, on By-laws, on Review of Proceedings, on Masonic History, on Memorial Service, and on Masonic Information and Responsibility. The duties of such committees shall continue during the year thereafter, and shall cease at the close of the next succeeding Annual Communication except as to members of committees whose terms do
not end with the close of that Annual Communication.

Those committees most often called upon to prepare reports regarding the impact of proposed legislation on the craft of this jurisdiction are shown below:

§1206. COMMITTEE ON POLICY AND GENERAL PURPOSES.
The Committee on Policy and General Purposes shall consider and report upon such matters as may be referred to it, which may include such matters not referable by express provision of existing law to some other committee or may properly be termed mere matters of policy, and as to which it is deemed that the reference to such committee is advisable. Upon referral it shall report whether any action taken or proposed is consistent with the general purpose and policies of the Grand Lodge.

§1218. COMMITTEE ON FINANCE.
The Committee on Finance shall be a standing committee, and shall consist of the following persons and no others: The Grand Master, Deputy Grand Master, Grand Wardens, Grand Treasurer, Grand Secretary and the sitting Masters of each constituent Lodge. The chair of the Committee on Finance shall be the Deputy Grand Master; provided that, in his absence, the following committee members shall act as temporary chairman at any meeting at which a quorum is present: Senior Grand Warden, Junior Grand Warden, Grand Treasurer, a sitting Master elected by a majority of those present at the meeting.

The Committee on Finance shall meet annually in Honolulu, at 9:00 a.m. on the first Saturday in February of each year, unless the Deputy Grand Master gives written notice of another date and time at least 30 days before the new date, which new date may not be more than 10 days before or after the first Saturday in February. Special meetings of the committee may be called by the Deputy Grand Master or by a majority of the committee members by giving written notice of such special meeting and the purpose thereof at least 30 days prior to the date of the meeting. A quorum shall consist of a majority of the committee members. Neighbor Island committee members may attend and vote by written proxy given to any Master Mason in good standing, but no other committee
members may participate in meetings by proxy.

Every appropriation of money shall be referred to and reported upon by the Committee on Finance before it can be made; and no appropriation of money shall be made at any Annual Communication after the Election of Grand Officers, except by a two-thirds vote of the members present. Every over-expenditure of budgeted items, needing supplemental
appropriations approved by the Grand Master, shall be referred to and reported upon by the Committee of Finance.

The Committee on Finance shall be responsible for and supervise all financial affairs of the Grand Lodge, including, without limiting the foregoing, such matters as preparing an annual budget, capital expenditures, employee wage scales, internal auditing controls, and mechanization; and shall exercise a general supervision and surveillance over compliance with the adopted budget of the Grand Lodge. When requested, it shall advise and assist all constitutional Board in financial matters. The Committee on Finance shall
prescribe rules, regulations and procedures for the filing of all expenses claims and shall be responsible for recommending approval or disallowance of all such claims at the Annual Communication or such Special Communication as may be called for the purpose. Res. 03-07; 05/2003

§1235. COMMITTEE ON RITUAL.
The Grand Lecturer, the Assistant Grand Lecturer or Assistant Grand Lecturers (if any), and the Inspectors shall constitute the Committee of all ritual, and the ceremonial work. The Grand Lecturer shall serve as Chairman of the Committee on Ritual. Res. 07-2007

§1236. COMMITTEE ON MASONIC CODE.
The Committee on Masonic Code shall edit and prepare for publication the annual changes in our laws and submit to Grand Lodge from time to time any revisions which may seem necessary or desirable The Committee may omit codification of edicts and decisions which are repetitive of matters already codified.

§1238. COMMITTEE ON INVESTMENTS.
The Committee on Investments shall be appointed by successive Grand Masters from among the members of Grand Lodge with experience in the broad field of investments. Each successive Grand Master shall designate one of the members of said Committee as Chairman and another as vice-Chairman to serve in said capacity during the tenure of said Grand Master and until a successor in said capacity is designated. The Grand Master may, but need not, appoint the Grand Treasurer, the Assistant Grand Treasurer, or representatives of any Grand Lodge entity as one or more of his appointees to said Committee. This Committee, or a majority thereof, is empowered to invest and reinvest the funds of this Grand Lodge.

The Grand Secretary shall serve as Secretary of the Committee, attend its meetings, keep its minutes, and handle its correspondence. If the Grand Treasurer, the Assistant Grand Treasurer, and the Chairman of the Committee on Finance are not members of this Committee, they shall be given ample notice of the meetings of the Committee and may attend and participate, but without a vote.

§1282. COMMITTEE REPORTS.
Committees designated by the Grand Master shall file written reports with him at the time requested by him. If he deems a report to be of sufficient general interest to the Craft, he may direct that such report or any portion thereof may be presented orally by the committee during the Annual Communication.

§150. ANNUAL COMMUNICATION.
The Grand Lodge shall hold an Annual Communication for the transaction of its regular business on two (2) consecutive days commencing at 9 o'clock a.m. on the third Friday and following Saturday of each April, in the City and County of Honolulu; provided, however, that said Annual Communication may be held in the State of Hawaii at any other place or time upon the adoption, by a two-thirds vote, of a resolution so providing, at any previous Annual or Special Communication called for the purpose.[D91-2 Repealed] [D92-3] Res.2001- 14;1/11/02 , Res. 2004-01 as amended.

Further, the Grand Master may extend the Annual Communication to include the preceding Friday if the business to be before the Grand Lodge is deemed sufficient to warrant the extensions, and providing the Grand Master advises the Lodges and other voting members of the Grand Lodge of the extension at least seventy-five days in advance of the proposed extension. Further, these changes shall be effective in the year 2003. [D91-02 Repealed] [D92-03] [Res.2001-14; Jan 2002]

From the information presented above, you can see that much is done to ensure the integrity of the Hawaii Masonic Code. It is very important that proponents have made lawful submissions for consideration and that the full process of review, by committees and possible redrafting of proposals to ensure they accomplish what was intended.

The time frames are very important so that the voting members of Grand Lodge are ready to intelligently discuss and vote on those pieces of legislation that come on the floor.

I hope that this has helped you to better understand the process that ultimately determines the make up of the Hawaii Masonic Code.

If you would like to share your comments regarding this article or any other please go to http://changestohmc.blogspot.com/ and submit your comments.

Raymond Wieckowicz, Jr., P.G.M.