CONFERENCE COMMITTEE REP. NO.152-02
Honolulu, Hawaii
, 2002
RE: S.B. No. 3028
S.D. 1
H.D. 2
C.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Sir:
Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 3028, S.D. 1, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO THE REGULATION OF WARRANTORS OF VEHICLE PROTECTION PRODUCTS,"
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 measure is to regulate warrantors of vehicle protection products.
Your Conference Committee amended this measure by:
(1) Inserting a definition of "vehicle identification number";
(2) Including provisions to apply this measure to all vehicle protection products delivered to consumers in Hawaii;
(3) Requiring certain vehicle protection products to include the vehicle identification number of the vehicle to which the product is applied;
(4) Providing that when a warrantor appoints a designee to be responsible for administration of a vehicle protection product, that designee shall be liable for violations to the same extent as the warrantor;
(5) Requiring warrantors to provide consumers with a copy of the vehicle protection product warranty within 30 days after the date of purchase;
(6) Requiring that warrantors, when keeping electronic records, keep those records pursuant to section 489E-12, Hawaii Revised Statutes;
(7) Requiring warrantors to maintain records for 10 years following discontinuation of business in the State;
(8) Requiring warrantors to give consumers at least 30 days notice of cancellation;
(9) Specifying the level of civil penalty that the commissioner may impose, up to $5,000 for a negligent or reckless violation, and up to $10,000 for an intentional or knowing violation. In addition, the definition of those states of mind from section 702-206, HRS, is incorporated by reference;
(10) Authorizing the commissioner to impose a combination of the penalties listed in the measure;
(11) Setting the fees for initial vehicle protection product warrantor registration and subsequent services at $75; and
(12) Setting the effective date at January 1, 2003.
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 S.B. No. 3028, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 3028, S.D. 1, H.D. 2, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE HOUSE |
ON THE PART OF THE SENATE |
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____________________________ JOSEPH M. SOUKI, Co-Chair |
____________________________ CAL KAWAMOTO, Chair |
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____________________________ KENNETH T. HIRAKI, Co-Chair |
____________________________ RON MENOR, Co-Chair |
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____________________________ WILLIE C. ESPERO, Co-Chair |
____________________________ BRIAN T. TANIGUCHI, Co-Chair |
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