HomeMy WebLinkAboutCOM 0689.009 1996-1998 J~[SY OF N, V
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Stephen K. Yamashiro ~ Richard Wurdeman
Mayor ~ Corporation Counsel
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OFFICE OF THE CORPORATION COUNSEL
101 Aupuni S[ree[~ Suite 325 • Hilo. Hawaii 96720.4262 • (808) 961-8251 • Faz (808) 961-8622 _
23 February 1998
TO: CONNIE KIRIU
Legislative Auditor
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FROM: RICHARD D. WURDEMAN~~'~~
Corporation Couns
SUBJECT: BILL 193, (SEWER CHARGES)
You have asked for comment on the procedure accompanying the passage
of Bill 193.
As I understand the events surrounding the passage of the Bill,
certain amendments were made between the First and Second Readings
of the Bill to reflect the debate which had occurred at First
Reading. Also, during the discussion of the Second Reading, a
further amendment was made changing the word "commercial" to
"non-residential". As a result, certain members expressed a
preference to have the matter laid over for final passage, but no
motion was made or seconded to call for such an action.
The amendments which were made to this bill were, in my opinion, not
so significant so as to make the final bill so fundamentally
different as to amount to a new proposal. Had they been, the bill
would be invalid. Car~_smith, Carlsmith, Wickman, and Case v. CPB
Properties, Inc. 64 Haw 584 (1982).
Second, although the Charter, Sec. 3-10(d), requires that a Bill be
laid over for at least one week after an amendment should a
one-third vote of the membership request such a layover, (emphasis
added); this proviso contemplates a motion, second, and vote to be
applicable. As this did not occur here, no layover is required.
To summarize, I do not find any defects in the procedures
surrounding passing of Bill 193, which would warrant reconsideration
by the Council.
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