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2022 Op. Haw. Att'y Gen. 1 (2022)

handle is hein.sag/saghi0101 and id is 1 raw text is: 







DAVID Y. IGE                                                    HOLLY T. SHIKADA
GOVERNOR                                                        ATTORNEY GENERAL

                                                                VALERIE M. KATO
                             STATE OF HAWAII                 FIRST DEPUTY ATTORNEY GENERAL
                       DEPARTMENT OF THE ATTORNEY GENERAL
                               425 QUEEN STREET
                               HONOLULU, HAWAII 96813
                               (808) 586-1500


                             January  20, 2022


   The Honorable  Ronald D.  Kouchi
   President  of the Senate
   Thirty-First  State Legislature
   State  of Hawai'i
   State  Capitol, Room 409
   415  South Beretania Street
   Honolulu,  Hawai'i  96813


   The Honorable  Scott K.  Saiki
   Speaker  of the House  of Representatives
   Thirty-First  State Legislature
   State  of Hawai'i
   State  Capitol, Room 431
   415  South Beretania Street
   Honolulu  Hawai'i  96813


        RE:   Standard for  Germaneness of  Bill Amendments Under
              Article III,  Section 15 of  the Hawai'i Constitution

   Dear  President Kouchi  and Speaker Saiki:

        This  letter responds  to your request  for a formal  legal
   opinion  regarding the  germaneness standard  that the Hawai'i
   Supreme  Court has held  is implicit in  the three-readings
   requirement  of article  III, section  15 of the Hawai'i
   Constitution.

      I. ISSUE PRESENTED

         In League of Women  Voters of Honolulu  v. State,  150 Hawai'i
   182,  499 P.3d 382  (2021), the Hawai'i Supreme  Court held that  the
   constitutional  requirement  that a bill  must pass three  readings
   in each  house begin[s]  anew after a non-germane  amendment
   changes  the object or  subject of a bill  so that it is  no longer
   related  to the original  bill as introduced.   Id. at  205, 499


Op. No.  22-01

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