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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
(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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