CONFERENCE COMMITTEE REP. NO. 53

Honolulu, Hawaii

                 , 2011

RE:    H.B. No. 555

       H.D. 1

       S.D. 1

       C.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sirs:

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 555, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO GRAFFITI,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this bill is to amend the sentencing measures for defendants convicted of criminal property damage offenses when the property damage is caused by graffiti by:

     (1)  Extending the area applicable to graffiti removal requirements to reach 250 yards of the site of the offense;

     (2)  Limiting graffiti removal requirements to cases where the removal will not endanger the convicted person or others nor inconvenience the public; and

     (3)  Allowing the court to impose a sentence of 100 hours of community service instead of the removal of graffiti in cases where the government agency that is responsible for supervising the graffiti removal lacks the necessary resources to ensure the person's compliance with removing the graffiti.

     Your Committee on Conference has amended this bill by:

     (1)  Making this measure effective upon approval; and

     (2)  Making technical, nonsubstantive amendments for purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 555, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 555, H.D. 1, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ CLAYTON HEE, Chair	____________________________ KARL RHOADS, Chair
____________________________ MAILE SHIMABUKURO, Co-Chair