Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committees on Water, Land, Energy and Environment and Commerce, Consumer Protection and Housing, to which was referred S.B. No. 1131 entitled:

beg leave to report as follows:

The purposes of this measure are to allow the Department of Health to take administrative action against violators of the law relating to lead acid batteries, and to clarify advertising requirements for disclosure of a separate disposal fee as part of the final price of a tire and define a limit at which a tire retailer will be required to obtain a permit as a tire collection facility.

Your Committees received testimony in support of this measure from the Department of Commerce and Consumer Affairs and the Department of Health.

Your Committees find that current law requires the State to enter civil court proceedings to enforce lead acid battery violations, and this measure will streamline enforcement efforts.

Your Committees further find that the amendments regarding used tires will provide flexibility in listing the cost of disposal as a separate charge, and are supported by tire retailers.

Your Committees have amended this measure to specify that advertising reflect the actual cost of the disposal fee, to clarify that disposal fees shall not include overhead expenses, and to make technical amendments to reflect the preferred drafting style.

As affirmed by the records of votes of the members of your Committees on Water, Land, Energy and Environment and Commerce, Consumer Protection and Housing that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1131, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1131, S.D. 1, and be referred to the Committee on Judiciary.