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2011 Hawaii Attorney General Reports and Opinions 1 (2011)

handle is hein.sag/saghi0044 and id is 1 raw text is: NEIL ABERCROMBIE - DAVID M. LOUIE GOVERNOR ATTORNEY GENERAL RUSSELL A. SUZUKI STATE OF HAWAII FIRST DEPUTY ATTORNEY GENERAL DEPARTMENT or THE ATTORNEY GENERAL 425 QUEEN STREET HONOLULU, HAWAI 96813 (808) 586-1500 February 28, 2011 The Honorable Shan S. Tsutsui President of the Senate The Twenty-Sixth Legislature State of Hawaii State Capitol, Room 409 Honolulu, Hawaii 96813 Dear President Tsutsui: Re: Forty-Eight-Hour Review Period of Article III, Section 15, of the Hawaii Constitution This is in response to a request for advice as to whether the forty-eight-hour period of article III, section 15, of the Hawaii Constitution begins to run concurrently for both the House and the Senate when a final form of a bill is decked in the House, but no other step such as a separate journal entry in the Senate has occurred to record the receipt of an advance copy of the bill. We understand that on Thursday, February 17, 2011, a Senate bill amended by the House of Representatives was decked in the House. The forty-eight-hour period was up on Saturday, a non-session day, so the House could not pass the bill on final reading until the next session day, which was Tuesday, February 22, 2011. We understand that it was believed that as soon as the House passed the bill, certified it, and sent it to the Senate on February 22, 2011, the Senate could pass the bill on final reading in the Senate because the forty- eight-hour review period for this bill for the members of the Senate began when the bill was made available to the members of the House on February 17, 2011 when it was decked in the House. We understand that Attorney General Opinion No. 70-7 has been cited as supporting this conclusion. For the reasons stated herein, we believe that our Opinion No. 70-7 only addressed the issue of whether the OP. No. 11 -1

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