STAND. COM. REP. NO. 2651

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2953
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Transportation and Intergovernmental
Affairs, to which was referred S.B. No. 2953 entitled: 

     "A BILL FOR AN ACT RELATING TO CONTROL OF VENDING,"

begs leave to report as follows:

     The purpose of the measure is to clarify provisions relating
to activities which violate the public's right of way.

     Testimony in support of the measure was received from the
Department of Transportation, and the Prosecuting Attorney of the
City and County of Honolulu with proposed amendments.

     Your Committee finds that highway vending is a problem on
certain areas of Oahu and the State.  Due to technical problems
with the current statute, enforcement against those vending from
the highway has been difficult.  Your Committee further finds
that the use of the term "right-of-way" or "wholly within" or
"partly within" the highway as used in the measure is awkward and
difficult to prove.

     Your Committee has amended the measure by replacing the
language "right of way," "wholly within," and "partly within"
with new language, "in reckless disregard of creating a hazardous
condition or public nuisance," as being more appropriate.    

     As affirmed by the record of votes of the members of your
Committee on Transportation and Intergovernmental Affairs that is
attached to this report, your Committee is in accord with the

 
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                                   STAND. COM. REP. NO. 2651
                                   Page 2


intent and purpose of S.B. No. 2953, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as S.B. No. 2953, S.D. 1, and be placed on the calendar
for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Transportation
                                   and Intergovernmental Affairs,



                                   ______________________________
                                   CAL KAWAMOTO, Chair

 
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