CONFERENCE COMMITTEE REP. NO. 40

 

Honolulu, Hawaii

                 , 2013

 

RE:    S.B. No. 1209

       S.D. 1

       H.D. 1

       C.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam and Sir:

 

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1209, S.D. 1, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO HIGHWAYS,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose and intent of this measure is to:

 

     (1)  Repeal language prohibiting persons from parking or placing a vehicle on a structure on any highway to sell from the vehicle certain items, thereby creating a hazardous condition or public nuisance;

 

     (2)  Insert language prohibiting persons from occupying any highway or parking or placing a vehicle on a structure on any highway to sell any product, service, merchandise, food, or solicitation; and

     (3)  Authorize the Director of Transportation, in the case of state highways, to issue a written permit, subject to any terms and conditions imposed by the Director, authorizing the applicant to vend in the airspace, as that term is defined in federal law, of the State's interstate highway system.

 

     Your Committee on Conference finds that this measure allows the Department of Transportation flexibility to ensure that enforcement of the statute against unauthorized vending activities in the airspace is consistent with federal law, because federal law regulates this matter.

 

     Your Committee on Conference has amended this measure by:

 

     (1)  Reinstating language that prohibits persons from parking or placing a vehicle on a structure on any highway to sell from the vehicle certain items, thereby creating a hazardous condition or public nuisance; and

 

     (2)  Deleting language that prohibits persons from occupying any highway or parking or placing a vehicle on a structure on any highway to sell any product, service, merchandise, food, or solicitation.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1209, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1209, S.D. 1, H.D. 1, C.D. 1.

 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE HOUSE

 

ON THE PART OF THE SENATE

 

____________________________

RYAN I. YAMANE, Co-Chair

 

____________________________

J. KALANI ENGLISH, Chair

____________________________

KYLE T. YAMASHITA, Co-Chair

 

____________________________

ROSALYN H. BAKER, Co-Chair