Clarifies the disposal options for used tires and notice requirements to consumers of new tires. Further provides that tire inventory payment by the rental car industry shall be paid annually. (SD2)

A BILL FOR AN ACT

SECTION 1. Section 342I-8, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342I-8[]] Penalties. (a) [Civil.] Any person who violates this part shall be fined not more than $10,000 for each separate offense; provided that the failure to post the notice required under section 342I-2, following a warning issued by the director of health, shall be subject to a fine of $2,000 for each separate offense. Each battery improperly disposed of or accepted shall constitute a separate offense. The fines imposed pursuant to this subsection shall be cumulative. Remedies shall be by citation, administrative action, or civil action.

(b) [Criminal] Any person who knowingly or wilfuly violates this part shall be guilty of a misdemeanor.

(c) The director may institute a civil action in any court of competent jurisdiction for injunctive and other relief to prevent any violation of this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter, without the necessity of a prior revocation of the permit or variance, to impose and collect civil penalties, to collect administrative penalties, or to obtain other relief. The court may grant relief in accordance with the Hawaii rules of civil procedure."

SECTION 2. Section 342I-23, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342I-23[]] Motor vehicle tires; collection for recycling. (a) Each tire retailer shall:

(b) The department of health shall produce, print, and distribute the notices required by subsection (a)(2) to each retailer; provided that a retailer instead may use any sign or notice that meets the requirements of that subsection.

(c) Any advertising pertaining to the price of motor vehicle tires shall [include the statement "The price includes disposal of your old tire."] disclose whether a separate disposal fee may be added to the final price of the tire and the actual cost of the disposal fee.

(d) [For businesses utilizing advertising prepared out of the State a sign no smaller than three square feet, placed at the point of sale stating: "The price of tires includes disposal of your old tires" may be substituted.] Disposal fees shall not include overhead expenses such as rent, wages, or payment of utilities or taxes."

SECTION 3. Section 342I-25, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342I-25[]] Motor vehicle tire wholesalers. Any person selling new motor vehicle tires at wholesale shall accept at the point of transfer, in a quantity at least equal to the number of new tires purchased by a customer, used motor vehicle tires offered by the customer. A [person] motor vehicle tire wholesaler accepting used tires in transfer from a motor vehicle tire retailer shall be allowed a period not to exceed ninety days to remove used tires from the retail point of collection. Accumulation of such tires at the retail point of collection shall not exceed one hundred tires, unless the retail point of collection is an authorized tire collection facility, and shall be stored in a manner consistent with fire prevention and vector control."

SECTION 4. Section 342I-28, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) Payment of the motor vehicle tire surcharge shall be made [quarterly] annually based on inventory records of the importers except for those importers subject to subsection (c) or (d)[.] or motor vehicle rental companies subject to subsection (d). The [dates September 30, December 31, March 31, and June 30 represent] date of December 31 represents the end of [each quarter] the annual period. All importers shall submit to the department documentation in sufficient detail that identifies the number of tires imported into the State during the previous [quarter.] annual period."

2. By amending subsection (d) to read:

"(d) An importer who imports fifty or more tires, but fewer than or equal to two hundred tires, or a motor vehicle rental company shall be permitted to provide a report and payment of the surcharge annually, with year ending December 31, rather than quarterly."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2001.