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COM 0405.000 2000-2002
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COM 0405.000 2000-2002
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Last modified
5/13/2008 11:33:39 AM
Creation date
5/10/2008 2:34:44 PM
Metadata
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Template:
Communications
Communications - Type
COM
Communications - Council Term
2000-2002
Communication
0405
Point
000
Author
James Y. Arakaki, Council Chairman
Communications - Referred To
FC
Comments
Council: Passes Bill 127 on 2nd & final rdg - 12/5/01 Council: Passes Bill 127 on 1st rdg & adopts FC-144 - 11/21/01 FC-144: Recommends passage of Bill 127 on 1st reading - 11-06-01
Communications - File Code
HCC/IMD
Document Relationships
AGE COUNCIL 11/21/2001 2000-2002
(Related)
Path:
\Council Records\Agendas\2000-2002\Council
AGE COUNCIL 12/05/2001 2000-2002
(Related)
Path:
\Council Records\Agendas\2000-2002\Council
AGE FC 11/06/2001 2000-2002
(Related)
Path:
\Council Records\Agendas\2000-2002\Finance Committee (FC)
BIL 127 Draft 01 2000-2002
(Related)
Path:
\Council Records\Bills\2000-2002
ORD 2001-123 2000-2002
(Related To)
Path:
\Council Records\Ordinances\2001
REP FC 144 11/06/2001 2000-2002
(Related To)
Path:
\Council Records\Reports\2000-2002\Finance Committee (FC)
REP FC 144 11/06/2001 2000-2002
(Related)
Path:
\Council Records\Reports\2000-2002\Finance Committee (FC)
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Constance R. Kiriu <br /> Legislative Auditor <br /> October 12, 2001 <br /> Page Two <br /> Section 3-8, Hawaii County Charter, provides that every legislative act of the <br /> council shall be by ordinance. Section 3-10(a), Hawaii County Charter, provides <br /> that: <br /> "Ordinances shall be initiated as bills which shall be passed only after <br /> tw® readings ®n separate days." <br /> There appears to a conflict on the number of readings required for a refunding <br /> bill. <br /> General rule <br /> <br /> Article VIII, Section 2, of the Hawaii Constitution provides that: <br /> "Charter provisions with respect to a political subdivision's executive, <br /> legislative and administrative structure and organization shall be s <br /> to statutory provisions, subject to the authority of the legislature to enact <br /> general laws allocating and reallocating powers and functions." <br /> The Court in Fasi v. City Council of the City & County of I-donolulu, 72 Haw. 513 <br /> (1992), held that an ordinance must conform to, be subordinate to, not conflict <br /> with and not exceed the charter. In Fasi, the charter provided that board and <br /> commission members held office until their successors were appointed. The <br /> Court overturned an ordinance which prohibited members from holding over. <br /> Exceptions <br /> The Court in Hawai `i Government E`mployees' Association v. County of Maui, 59 <br /> Haw. 65 (1978), recognized the superiority of the charter provisions over <br /> conflicting statutory provisions, but also recognized that the charter was subject <br /> to the authority of the legislature to enact laws of statewide concern, e.g. civil <br /> S2rVICe IaW$. <br /> The legislature has also reserved the power under Section 50-15, Hawaii <br /> Revised Statutes, to enact all laws of general application throughout the state on <br /> matters of statewide concern and interest and laws relating to the fiscal powers <br /> of the counties. <br /> <br />
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