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J~[SY OF N, V <br /> ~O~ <br /> ~ili%. <br /> <br /> Stephen K. Yamashiro ~ Richard Wurdeman <br /> Mayor ~ Corporation Counsel <br /> 1FF O'•N,~~t <br /> ~[IlITT~~J II~ ~tlfUtltt <br /> OFFICE OF THE CORPORATION COUNSEL <br /> 101 Aupuni S[ree[~ Suite 325 • Hilo. Hawaii 96720.4262 • (808) 961-8251 • Faz (808) 961-8622 _ <br /> 23 February 1998 <br /> TO: CONNIE KIRIU <br /> Legislative Auditor <br /> r <br /> FROM: RICHARD D. WURDEMAN~~'~~ <br /> Corporation Couns <br /> SUBJECT: BILL 193, (SEWER CHARGES) <br /> You have asked for comment on the procedure accompanying the passage <br /> of Bill 193. <br /> As I understand the events surrounding the passage of the Bill, <br /> certain amendments were made between the First and Second Readings <br /> of the Bill to reflect the debate which had occurred at First <br /> Reading. Also, during the discussion of the Second Reading, a <br /> further amendment was made changing the word "commercial" to <br /> "non-residential". As a result, certain members expressed a <br /> preference to have the matter laid over for final passage, but no <br /> motion was made or seconded to call for such an action. <br /> The amendments which were made to this bill were, in my opinion, not <br /> so significant so as to make the final bill so fundamentally <br /> different as to amount to a new proposal. Had they been, the bill <br /> would be invalid. Car~_smith, Carlsmith, Wickman, and Case v. CPB <br /> Properties, Inc. 64 Haw 584 (1982). <br /> Second, although the Charter, Sec. 3-10(d), requires that a Bill be <br /> laid over for at least one week after an amendment should a <br /> one-third vote of the membership request such a layover, (emphasis <br /> added); this proviso contemplates a motion, second, and vote to be <br /> applicable. As this did not occur here, no layover is required. <br /> To summarize, I do not find any defects in the procedures <br /> surrounding passing of Bill 193, which would warrant reconsideration <br /> by the Council. <br /> RDW:1820Lbre <br /> ~~9. 09 <br /> P!le lfo. /f GG <br /> itef. 'Poi <br /> FEB 2 4 19~~ <br /> Rai. lkte - <br /> <br />