STAND. COM. REP. NO. 571

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 595

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 595 entitled:

 

"A BILL FOR AN ACT RELATING TO CONDOMINIUM PROPERTY REGIMES,"

 

begs leave to report as follows:

 

     The purpose of this measure is to grant boards of directors of associations of apartment owners the authority to permit the installation of antennas for amateur radios in apartments and limited common areas. 

 

     Your Committee received testimony in opposition to this measure from the Community Associations Institute, Hawaii Council of Associations of Apartment Owners, and Mililani Town Association.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

 

     Your Committee finds that because amateur radio operators are part of the emergency preparedness network, they should be allowed to operate without unreasonable barriers.  Your Committee notes that the testifiers' objections to this measure are based largely on objections to intrusion into private property rights.  However, your Committee finds, in light of the important public purpose served by the emergency preparedness network and the amendments made to this measure by your Committee, this measure is sufficiently protective of private property rights. 

 

     Your Committee has amended this measure by:

 

(1)  Removing language that would have allowed a board of directors of an association to override the wishes of nonconsenting property owners; 

 

(2)  Deferring the effective date of this measure to encourage further discussion of the issue; and

 

(3)  Making technical, nonsubstantive changes for the purpose of clarity and accuracy in the language of this measure.

 

     As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 595, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 595, S.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,

 

 

 

____________________________

ROSALYN H. BAKER, Chair