STAND. COM. REP. NO. 354

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 798
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committees on Labor and Environment and Health and
Human Services, to which was referred S.B. No. 798 entitled: 

     "A BILL FOR AN ACT RELATING TO NOISE,"

beg leave to report as follows:

     The purpose of this measure is to clarify the jurisdiction
of noise control between the Department of Health, the Convention
Center Authority, and the counties.

     Testimony in support of this measure was received from the
Convention Center Authority, the Yacht Harbor Towers Board of
Directors, and an individual.

     Your Committees find that under this measure a permit issued
by the Department of Health regarding noise shall prevail over
any ordinance passed by a county.  In particular, this measure
clarifies the relationship between noise control permits issued
by the Department of Health and county ordinances.

     Your Committees have amended this measure to:

     (1)  Include in the list of ordinances subject to preemption
          by DOH noise permits, those ordinances relating to
          entertainment or public events which may conflict with
          DOH noise permits; and


 
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     (2)  Clearly state that noise control for the convention
          center district shall be regulated only by the
          Department of Health.

     Your Committees also made technical, nonsubstantive
amendments for the purpose of clarity and style. 

     As affirmed by the records of votes of the members of your
Committees on Labor and Environment and Health and Human Services
that are attached to this report, your Committees are in accord
with the intent and purpose of S.B. No. 798, as amended herein,
and recommend that it pass Second Reading in the form attached
hereto as S.B. No. 798, S.D. 1, and be referred to the Committee
on Ways and Means.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Labor and
                                   Environment and Health and
                                   Human Services,



____________________________       ______________________________
SUZANNE CHUN OAKLAND, Chair        BOB NAKATA, Chair

 
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