STAND. COM. REP. 731
Honolulu, Hawaii
, 2003
RE: H.B. No. 373
H.D. 2
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 373, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO POLITICAL SPEECH,"
begs leave to report as follows:
The purpose of this measure is to prohibit a landlord from restricting a tenant, except under certain conditions, from erecting, maintaining, or displaying an otherwise legal sign or outdoor advertising device that urges voters to vote for or against any person or issue.
The American Civil Liberties Union of Hawaii and a concerned citizen testified in support of this measure.
Your Committee encourages the exercise of freedom of political speech on the part of tenants, including the display of signs, that does not compromise public health and safety.
Your Committee has amended this measure by:
(1) Limiting its scope to single family residences as multifamily residences have common areas for the use of all residents where restrictions may be necessary;
(2) Deleting the provision that prohibits a landlord from requiring tenants to display an election sign as this is already unenforceable under section 521-52(b), Hawaii Revised Statutes;
(3) Deleting text concerning "reasonable access and use" because this concept is inherent in "reasonable restrictions;"
(4) Changing the effective date from July 1, 2050, to "upon approval;" and
(5) Making technical, nonsubstantive amendments for style and clarity.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 373, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 373, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
|
____________________________ ERIC G. HAMAKAWA, Chair |
||