A bill that would eliminate a provision that prevents the city from legally soliciting bids for the proposed $4.28 billion rail transit system cleared another hurdle yesterday.

The council's Transportation and Public Works Committee passed a bill that would remove a technical glitch preventing the solicitation of proposals to begin construction of the first phase.

Bill 63 would eliminate that provision and allow the city administration to seek construction proposals without council approval, but the issue isn't expected to be resolved until early next year.

The City Council voted 7-1 yesterday to pass the bill through second reading and send it back to committee for further discussion.

The bill included an amendment that will require the city to provide to the council a copy of the qualifications potential bidders must meet at the same time the request for proposals goes out.

The original ordinance authorizing the city to build the system requires the administration to seek council approval before soliciting proposals.

That provision was added as a way to keep the council and pubic informed about key project details. However, the provision also violates state procurement laws, according to the state Procurement Office.

"The bottom line is the state procurement office says it's illegal to leave it (the provision) in there," said City Councilman Gary H. Okino. "We can ignore it and leave it in there but I don't think the administration can go forward. It will end up costing the city more. I can see the administration taking us to court to get this section invalidated. The simple thing to do is just to eliminate it."

Two council members questioned why the issue of illegality was only being raised now since the original ordinance passed in 2006.

City Councilman Charles K. Djou said the section should not be removed because the public should know about design and build specifications and timetables tied to the rail transit project.

"If this really, truly was a problem, the mayor could have and should have vetoed the measure. No such statements were made and here we are two years later," said Djou. "We spent $100 million on consultants to tell us about this rail system and we still have problems with it. This is an enormous public works project. The more public scrutiny the better."

City Councilwoman Ann H. Kobayashi voted against the bill and said she sees no reason to eliminate the provision.

"Usually if a bill is illegal corp(oration) counsel advises the mayor and then there is a veto," said Kobayashi. "This bill has been in place for two years and no one has said anything about illegality."

Wayne Y. Yoshioka, director of the city's Department of Transportation Services, said the City Council's responsibility is to set policy regarding projects like the Honolulu High Capacity Transit system and that adequate oversight is in place.

Yoshioka brushed aside concerns that eliminating the provision would lead to a lack of public input, saying the city has been transparent on the rail project.

NO TEXTING AND DRIVING

A ban on text messaging while driving was allowed to move forward by City Council members, despite concerns from police about the difficulty of enforcement and other issues.

The ban, which also covers playing video games while driving, was under consideration by the council's Transportation and Public Works Committee. If the bill passes, it would be the first restriction on using mobile phones while driving in the state, excluding military bases.

The bill would ban writing, sending or reading text-based communication while driving — including text messaging, instant messaging and e-mail.

Honolulu police Maj. Thomas T. Nitta said the department neither supports nor opposes the proposed legislation, but said it would be difficult for officers to differentiate between a driver punching in a phone number and one sending a text or e-mail.

"The bill as it is written right now would be difficult for us to enforce," Nitta said. "We understand the intent of the bill. Our proposal would be banning (the use of) all electronic devices while operating a vehicle."

CITY CLERK RETIRES

City Clerk Denise De Costa is retiring after more than five years of city service. Her last day as city clerk is Dec. 31.

In addition to her duties as clerk, DeCosta has sat through all council meetings and taken roll calls for every vote.

"We thank you for your service and wish you the best. At least now you won't have to deal with all of us," said Djou.