Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committees on Consumer Protection and Commerce and Judiciary, to which was referred H.B. No. 1987 entitled:

beg leave to report as follows:

The purpose of this bill is to:

Your Committees received testimony in unqualified support of this bill from the Hawaii Business League and T&T Tinting Specialists, Inc. The Honolulu Police Department testified in support of the intent of the bill, but requested amendments. The Department of Transportation (DOT) testified in opposition to part of the bill.

DOT testified that the provisions of the bill relating to installers conflicted with federal law and were preempted. While DOT is to be commended for its diligence, its position on preemption has not been confirmed by the Attorney General (AG) and is apparently based upon conversations with federal counterparts. While such communication is frequently useful, its hearsay nature makes it impossible to determine the basis for the opinion.

Your Committees hope that the AG will be able to assist DOT on this issue, because the argument appears to apply to the existing law as well as to the proposed amendments.

To minimize DOT's concern, your Committees have amended the bill by simply increasing the dollar amounts in the current penalty section. As the bill progresses, the issue of federal preemption may be assessed as it applies to the current law and as it circumscribes the possible amendments of the current law.

As affirmed by the records of votes of the members of your Committees on Consumer Protection and Commerce and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1987, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 1987, H.D. 1.