STAND. COM. REP. 1428

Honolulu, Hawaii

, 2003

RE: S.B. No. 88

S.D. 1

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred S.B. No. 88, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO MOTOR VEHICLES OWNED BY MILITARY PERSONNEL,"

begs leave to report as follows:

The purpose of this bill is to exempt military personnel from the requirement of obtaining the seller's consent to remove a privately-owned vehicle from the State when the vehicle is subject to an out-of-state lien.

The Department of the Army-Military Traffic Management Command testified in support of this measure.

Your Committee finds that the current statute creates problems for military personnel, because:

(1) In most cases the lien holder's consent is not needed to ship a vehicle to Hawaii;

(2) It is difficult to clear county department of motor vehicle (DMV) records of out-of-state lien holders, even after the loan has been paid in full;

(3) Military personnel do not receive the clear title document from the financial institution once the lien is satisfied, and DMV cannot clear title and registration without the original cleared title; and

(4) The purchase of lien holders of record by larger financial institutions complicates the task of obtaining consent to ship a vehicle.

Your Committee believes that this bill will aid military members and their families, who may be traveling to different stations of duty. The Senate placed a defective date on this bill due to lack of testimony. Your Committee has amended this bill by:

(1) Changing its effective date to upon its approval; and

(2) Making a technical, nonsubstantive amendment for the purpose of clarity.

As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 88, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 88, S.D. 1, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection and Commerce,

 

____________________________

KENNETH T. HIRAKI, Chair