Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection and Housing, to which was referred H.B. No. 2030, H.D. 1, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to require immediate notification attempts by towing companies to owners whose vehicles have been towed and to provide vehicle owners with a range of payment options when paying for tow charges.

The Department of Commerce and Consumer Affairs testified in support of this measure. Oahu Auto Service, Inc., and an individual opposed the measure. The Hawaii State Towing Association submitted comments.

Currently, the law requires that towing companies notify a towed vehicle's legal and registered owners by registered or certified mail within a reasonable period following the tow, but no later than twenty days thereafter. This measure strengthens the notification requirements by additionally requiring attempted notification by telephone and facsimile within twenty-four hours of a tow and documentation of notification attempts.

Further, tow companies must presently accommodate payment by cash and by either credit card or automated teller machine. This measure requires that all three methods of payment be accommodated, with the payment method used at the option of the vehicle owner, and further, that tow companies maintain all equipment necessary to accommodate all of these payment options.

Your Committee has amended this measure by inserting therein a delayed effective date of July 1, 2050, to facilitate further review and discussion.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection and Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2030, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2030, H.D. 1, S.D. 2.