RULES OF THE SENATE
STATE OF HAWAII
THE NINETEENTH STATE LEGISLATURE
(1997-1998)



Part III. SESSIONS; ATTENDANCE; NOMINATIONS
Rule 26. Meetings

(1) The Senate shall meet for the transaction of public
business every day, except Saturdays, Sundays, legal holidays
and such other days as the Senate shall designate by motion or
resolution duly adopted and entered in the Journal.

(2) The regular hour of meetings of the Senate is established
at eleven-thirty o'clock a.m. but the hour of meeting, recess
and adjournment for any day may be such as the Senate, by
motion, shall decide from time to time.

Rule 27. Attendance

No member shall be absent from the sessions of the Senate
unless given leave by the President or unless the member is sick
and unable to attend.

Rule 28. Extension of Session

Two-thirds of the members to which the Senate is entitled,
two-thirds of the House of Representatives concurring, may
petition the President of the Senate and the Speaker of the
House to extend any session of the Legislature. The petition
shall read:

"To the President of the Senate and the Speaker of the
House of Representatives

Your petitioners, members of the Senate and of the
____________ Legislature of the State of Hawaii,
respectfully request an extension of ____________ days
of the ____________ session of ____________ of the
____________ Legislature of the State of Hawaii."

The petition shall be in writing, above the signatures of the
members.

When the President of the Senate receives such a petition,
and it is properly signed by two-thirds of the members to which
each house is entitled, the President and the Speaker of the
House of Representatives shall jointly issue a proclamation
extending the session for the number of days sought in the
petition.

Rule 29. Recessed Session

Any session of the Legislature may be recessed by concurrent
resolution adopted by a majority of the members to which each
house is entitled. Each regular session shall be recessed
pursuant to Article III, Section 10, of the Constitution for not
less than five days at some period between the twentieth and
fortieth days of the regular session.

Rule 30. Special Sessions

(1) Two-thirds of the members to which the Senate is
entitled, two-thirds of the House of Representatives concurring,
may petition the President of the Senate and the Speaker of the
House to call a special session of the Legislature. The
petition shall read:

"To the President of the Senate and the Speaker of the
House of Representatives

Your petitioners, members of the Senate and of the
House of Representatives of the ____________ Legislature
of the State of Hawaii, respectfully request that a
special session of the ____________ Legislature of the
State of Hawaii be convened at ____________."

The petition shall be in writing, above the signatures of the
members.

When the President of the Senate receives such a petition,
and it is properly signed by two-thirds of the members to which
each house is entitled, the President of the Senate and the
Speaker of the House of Representatives shall jointly issue a
proclamation convening the Legislature in special session at the
time and place sought in the petition.

(2) Two-thirds of the members to which the Senate is entitled
may petition the President of the Senate to call a special
session of the Senate for the purpose of carrying out the
Senate's responsibilities under Article VI, Section 3, of the
Constitution. The petition shall read:

"To the President of the Senate

Your petitioners, members of the Senate of the
____________ Legislature of the State of Hawaii,
respectfully request that a special session of the
Senate of the State of Hawaii be convened at
____________."

The petition shall be in writing, above the signatures of the
members.

When the President of the Senate receives such a petition,
and it is properly signed by two-thirds of the members to which
the Senate is entitled, the President of the Senate shall issue
a proclamation convening the Senate in special session at the
time and place sought in the petition.

Rule 31. Adjournments

Meetings may be adjourned at any time. Unless otherwise
specified in the motion, every adjournment shall be considered
as being to the established hour of meeting on the following
business day; but no adjournment shall be for more than three
days, or sine die, without the consent of the House of
Representatives.

Rule 32. Motion to Adjourn

A motion to adjourn is always in order, and shall be decided
without debate. One motion to adjourn shall not follow another
without intervening business.

Rule 33. Quorum

For the transaction of business, a majority of the number of
members to which the Senate is entitled shall constitute a
quorum, of which quorum a majority vote shall suffice, but the
final passage of a bill shall require the vote of the majority
of the members of the Senate. A smaller number than a quorum
may adjourn from day to day and compel the attendance of absent
members. For the purpose of compelling the attendance of absent
members, a majority of the members present, by resolution, may
direct the Sergeant-at-Arms to place the members who are absent
under arrest and return them to the Senate. Any warrant
pursuant to such a resolution shall be issued in the name of the
Senate and shall be signed by the member then presiding. For
the purpose of ascertaining whether there is a quorum present,
the President shall count the members present.

Rule 34. Executive Session

(1) If the Senate considers it necessary to act
confidentially upon any communication from the Governor or upon
any nomination or other matter, it may go into executive
session.

(2) When any member desires to make known any matter to the
Senate which the member deems should be confidential and
private, the member shall communicate that desire to the
President who shall decide whether the Senate shall go into
executive session. The Senate may decide whether the matter
communicated shall be kept secret.

Rule 35. Clearing of the Senate

(1) When acting upon confidential business in executive
session, the Senate Chambers shall be cleared of all persons
except the members of the Senate and such other persons as the
presiding officer with the consent of the Senate shall deem
necessary.

(2) The members, officers and employees shall keep the
secrets of the Senate and any other person whose presence is
permitted in executive session shall be sworn to secrecy.

(3) All confidential communications made to the Senate, and
remarks, votes and proceedings thereon, shall be kept strictly
secret by the members, officers and employees, as well as by
such other persons as have been detained or permitted to attend
upon the consideration of such matters, until the Senate, by
resolution, takes off such seal of secrecy, or unless such
matter be later considered in open session.

Rule 36. Nominations; Appointments

(1) Nominations made by the Governor and removal of the chief
legal officer of the State which require the advice and consent
of the Senate, and appointments which require the confirmation
or consent of the Senate shall be referred to the standing
committee having jurisdiction within five legislative days of
receipt of the nomination or appointment. The standing
committee to which a nomination, removal of the chief legal
officer or appointment is referred, shall report to the Senate
with a recommendation to advise and consent, confirm, or reject
on or before the fifty-ninth day of the session.

(2) Except for the appointment of a justice or judge, a
nomination or appointment made by the Governor which is received
by the Senate after the fifty-first day of the session of the
Legislature shall be returned to the Governor without action,
unless a confirmation or consent is required to further a public
purpose which cannot be satisfied by an interim appointment.
Notice of this rule shall be given to the Governor not later
than the twentieth day of the session of the Legislature.

(3) The final question on nominations made by the Governor
shall be: "Will the Senate advise and consent to this
nomination?"

(4) The final question on the removal of the chief legal
officer of the State shall be: "Will the Senate advise and
consent to the removal of the chief legal officer of the State?"

(5) The final question on appointments made by the Governor
which require the confirmation or consent of the Senate shall
be: "Will the Senate confirm (or consent) to this appointment?"

(6) The final question on nominations, removal of the chief
legal officer or on appointments shall not be put sooner than
twenty-four hours from the time when the nomination or
appointment is received, nor on the day in which it may be
reported by a committee, unless by unanimous consent.

(7) Public hearings shall be held for all nominees, for the
removal of the chief legal officer of the State, and for all
appointees prior to confirmation or consent by the Senate.

(8) The fact of nomination or appointment, rejection,
confirmation, or consent need not be kept confidential, but when
the Senate or the Standing Committee having jurisdiction shall
deem it necessary for good cause, all remarks, proceedings and
votes thereon shall be kept confidential.

(9) Consent to the appointment of justices and judges shall
be pursuant to Article VI, Section 3, of the State Constitution.

Rule 37. Meeting at Place Other than Capitol

Whenever, for any reason, the Governor shall convene the
Senate at any place other than the Capitol, it shall attend
together with all of its officers at the time and place ordered.


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