FOUR LEGISLATURE - RELATED LAWS PROMULGATED

03/01/1999

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Four Legislature-related laws, two newly amended and two new, were promulgated by the President on 25 January 1999. There are, respectively, the Legislative Yuan Organizational Law, the Legislative Committee Organizational Law, the Law of Exercise of Powers of Office by the Legislative Yuan, and the Legislator Behavior Law. Major points of each law are outlined below:

Legislative Yuan Organizational Law

Technology and Information committee, and Health, Environment and Social Welfare Committee are added.

The Domestic and Border Affairs Committee is changed to the Domestic and Ethnic Affairs Committee; a slight change is made in the Chinese name of the Foreign and Overseas Chinese Affairs Committee; the Economics Committee is changed to the Economics and Energy Committee; the Budget Committee is changed to the Budget and Accounting Committee; the Education Committee is changed to the Education and Culture Committee.

Law of Exercise of Powers of Office by the Legislative Yuan

Portions of this law were originally provisions of the Legislative Yuan Organizational Law and the Legislative Yuan Rules of Procedure. Major contents are as follows:

Examination of bills:

1.Legislators should report to office on 1 February and 1 September. Sessions should open on dates resolved upon after consultations among the various party groups.

2.Bills decided by resolution of the Legislative Yuan under Article 63 of the Constitution should all be decided in two readings, except for statutory and budgetary bills, which should be decided in three readings.

3.Bills proposed by government agencies or bills proposed by legislators should first be sent to committee for deliberation. However, if a motion is made by a legislator in attendance and passed as an adhering motion or co-signed by 40 or more legislators, a bill may go directly to the second reading after voting.

4.Third readings should be held during the next session following the second reading. If there is no objection by legislators in attendance, however, third readings may also commence directly after second readings.

5.Prior to conclusion of the second reading of a bill, the original proposer of the bill may withdraw the original bill with the consent of the Legislature.

6.Deliberation of bills still in committee at the end of the legislative term of office should not be carried over into the following term.

Hearing of reports and interpolation

Under the Additional Articles of the Constitution, the Executive Yuan should present to the Legislature a statement of its administrative policies and a report on its administration. Legislators may submit oral or written questions to the ministers concerning their administrative policies, administrative reports, or other matters. Oral questioning is divided into partisan questioning and questioning by individual legislators. Joint questioning may also be used, but the number of persons called may not exceed three.

Public committee hearings

Individual committees may hold public hearings to examine bills. Such public hearings are chaired by the conveners from the individual committees. Government personnel and concerned members of the public may be invited to attend and express their opinions.

Examination of administrative regulations

Administrative regulations that have been drawn up by agencies ex officio or by authority of law and submitted to the Legislature should be examined by a session of the Legislature.

Handling of petitions

The concerned committees should examine petitions and decide whether they should become the subject matter of a resolution. If yes, the matter should be listed on the agenda by the Rules Committee. After a general review, a resolution may be passed to submit the matter for examination, to put it directly to second reading, or not to examine it.

Party group consultation

The President of the Legislative Yuan may arrange consultation among party groups to discuss bill or resolve disputes, or the individual party group may apply for such consultation.

Legislator Behavior Law

Lobbying and political contributions

1.When legislators engage themselves in government lobbying on behalf of others or grant an audience to lobbying by private citizens, such activity may not involve solicitation or acceptance of financial benefits.

2.Legislators may not lobby on behalf of others relating to pending judicial cases.

3.Legislators may not accept political contributions except as in accordance with the law. Laws governing acceptance of political contributions by legislators will be prescribed separately.

Avoidance of benefit

1.When exercising their powers of office, legislators should avoid involvement in affairs in which they would benefit from their own actions. (Benefit refers to legislators improperly adding to their own that of wealth in terms of money, goods, or other property, or to their related persons, through the exercise of their powers of office.)

2.When exercising their powers of office, legislators may not make private commitments, nor give any discriminatory treatment to specific individuals or groups.

Legislative Committee Organizational Law

No legislator may serve on more than one committee. Each committee should be composed of not more than 21 members.

A committee meeting may be convened only if at least one-third of the committee members are in attendance.

Committee meetings should in principle be held publicly; however, closed meetings may be held under the following circumstances:

1.by decision of a plenary meeting of the Legislature or of a meeting of the conveners;

2.by a motion introduced during a committee meeting by the chairman or by one-tenth or more of the committee members in attendance;

3.by request of government officials attending a committee meeting at the committee's invitation.

Resolutions at committee meetings are adopted by a simple majority vote among the members in attendance. In case of a tie, the chairman casts the deciding vote. No resolutions may be adopted, however, if less than three members are in attendance. Members in attendance who object to a committee resolution may then and there reserve the right to speak at the plenary meeting; committee members who are absent or fail to make such a declaration may not voice dissenting opinions at the plenary meeting.

The bill examination proceedings of individual committees and resolutions adopted should be submitted in writing for discussion by the Legislature. Committees should keep meeting minutes.