STAND. COM. REP. NO. 2112

Honolulu, Hawaii

RE:    S.B. No. 2375

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Madam:

     Your Committees on Transportation, International and Intergovernmental Affairs and Water, Land, Agriculture, and Hawaiian Affairs, to which was referred S.B. No. 2375 entitled:

"A BILL FOR AN ACT RELATING TO HIGHWAYS,"

beg leave to report as follows:

     The purpose of this measure is to prohibit vending activities at scenic lookouts that create or are in reckless disregard of creating a hazardous condition or a public nuisance.

Your Committees received testimony in support of this measure from the Departments of Land and Natural Resources and Transportation; Maui Prosecuting Attorney; Maui Police Department; and the Outdoor Circle.  Written testimony presented to the Committees may be reviewed on the Legislature's website.

     Your Committees find that vending activities at scenic lookouts may create a menacing traffic congestion situation just as it does for vending along highways.  However, your Committees have been informed that current practices allow vending at scenic lookouts if the vendor has a permit issued by the Department of Land and Natural Resources.

     Your Committees have amended this measure to clarify that vending at scenic lookouts is permissible pursuant to a permit issued by the Department of Land and Natural Resources.

     As affirmed by the records of votes of the members of your Committees on Transportation, International and Intergovernmental Affairs and Water, Land, Agriculture, and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2375, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2375, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committees on Transportation, International and Intergovernmental Affairs and Water, Land, Agriculture, and Hawaiian Affairs,

____________________________ CLAYTON HEE, Chair

____________________________ J. KALANI ENGLISH, Chair