Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs, and Government Operations, to which was referred H.B. No. 373, H.D. 2, entitled:

begs leave to report as follows:

The purpose of this measure is to prohibit landlords from restricting renters of a single family residence from displaying reasonable political signs.

Your Committee received testimony in support of this measure from the American Civil Liberties Union of Hawaii.

Your Committee finds that political speech deserves the highest protection under the Constitution and laws of the State. Therefore, your Committee encourages the free exercise of political speech by tenants, so long as public health and safety are not affected.

Your Committee amended this measure to remove the prohibition against displaying roadside campaign signs more than forty-five days prior to and ten days following an election. Your Committee finds that the federal courts have extended the highest constitutional protections to political speech. Furthermore, the State Attorney General has issued Opinion No. 96-04, holding that the durational limits on the posting of political signs is unconstitutional.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs, and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 373, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 373, H.D. 2, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.