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2005 Hawaii Attorney General Reports and Opinions 1 (2005)

handle is hein.sag/saghi0002 and id is 1 raw text is: LINDALINGuL                                             MARK J. BENNET
GOVERNOR                                                ATTORNEY GENESA
HONO.tLU, HAWAll 96813
(O08) a-5Iso
May 20, 2005
The Honorable Robert Bunda
President of the Senate
The Twenty-Third Legislature
State of Hawaii
State Capitol, Room 003
415 South Beretania Street
Honolulu, Hawaii 96813
Dear President Bunda:
Re: Rule 31 of the Senate, Twenty-Third
Legislature of the State of Hawaii
By letter dated May 5, 2005, you requested a formal written
opinion that addressed six questions relating to Senate Rule 31,
as amended by Senate Resolution No. 137 (2005). The rule allows
a majority of the members of the Senate to convene a meeting of
the Senate at any time for the purpose of carrying out the
Senate's responsibilities under article III, section 12 of the
Constitution of the State of Hawaii.
We have consolidated and rephrased the questions you ask as
1.   Notwithstanding the express language of Rule 31(3),
must the Legislature or the Senate be in regular or special
session in order for the Senate to meet to choose its officers,
or adopt rules of procedure under Rule 31(3)?
2.   If the Legislature or the Senate is not in regular or
special session when the Senate's members meet to choose its
officers or amend its rules, must the officers chosen or the
rules adopted wait until the members' votes are ratified or cast
again at a regular or special session of the Legislature before
they may serve or take effect?

Op. No. 05-1

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