Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Legislative Management, to which was referred H.B. No. 867 entitled:

begs leave to report as follows:

The purpose of this bill is to improve the safety of our highways by restricting the holding of movable signs by pedestrians in certain locations.

The Representative of the 34^th District testified in support of this bill. The Department of Transportation (DOT) and the Honolulu Police Department opposed this bill.

It is your Committee's understanding that the 1975 9^th Circuit Court of Appeals ruling in Aiona v. Pai that DOT referred to in its testimony concerned a complete ban on sign holding. Your Committee finds that this bill is not a complete ban on sign holding. However, your Committee requests that your Committees on Transportation and Judiciary and Hawaiian Affairs take a closer look at the constitutionality issues raised by DOT.

As affirmed by the record of votes of the members of your Committee on Legislative Management that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 867 and recommends that it pass Second Reading and be referred to the Committee on Transportation.