STAND. COM. REP. NO. 69-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2612
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Transportation, to which was referred H.B.
No. 2612 entitled: 

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

begs leave to report as follows:

     The purpose of this bill is to amend section 264-101, Hawaii
Revised Statutes(HRS), to clarify that certain unauthorized
vending activities on the States' highways violate the public's
property rights and safety.

     Your Committee finds that current street vending statutes
are ambiguous.  Your Committee further finds that the language of
section 264-101 and 264-102, HRS, have discrepancies that have
been met with difficulty in trial.

     This bill clarifies the law and enables any judge or
prosecuting attorney to clearly understand what activities
violate highway vending statutes.
 
     Testimony in support of this bill was received from the
Department of Transportation.  The Department of the Prosecuting
Attorney of the City and County of Honolulu supported the intent
of the bill and suggested amendments.

 
 
 
 
 
 
 
                                 STAND. COM. REP. NO. 69-00
                                 Page 2

 
     Your Committee has amended the proposed bill by making the
following amendments:

     (1)  Prohibiting the parking or placing of a vehicle or
          structure wholly or partly on any highway for vending
          purposes;

     (2)  Prohibiting vending on highways when the situation
          creates a hazardous condition or a public nuisance, or
          is in reckless disregard of the risk of creating a
          hazardous condition or public nuisance;

     (3)  Replacing the term "state highways" with "highways",
          to apply vending statutes to both state and
          county highways and defining "highways" as the entire
          width of the public highway;

     (4)  Making the violation of vending from highways a petty
          misdemeanor with a fine of no more than $1,000,
          imprisonment for no more than thirty days, or
          both; and

     (5)  Making other technical, nonsubstantive amendments for 
          purposes of clarity and style.
 
     As affirmed by the record of votes of the members of your
Committee on Transportation that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
2612, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 2612, H.D. 1, and
be referred to the Committee on Judiciary and Hawaiian Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Transportation,



                                   ______________________________
                                   KENNETH T. HIRAKI, Chair