Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 1987 entitled:

begs leave to report as follows:

The purpose of this bill is to increase highway safety by:

(1) Increasing fines for:

T&T Tinting Specialists and the Hawaii Business League testified in support of this measure. The Honolulu Police Department supported the intent of this bill but had some concerns regarding enforcement.

Your Committee notes that the Legislature enacted statutes regulating the installation of sunscreen devices in 1983 due to safety concerns since these devices often obscured a driver's vision of the roadway and pedestrians. Law enforcement officials were also placed at risk by sunscreen devices that hindered their ability to view occupants of a vehicle while performing routine traffic stops or making an arrest.

Your Committee finds that although this statute has been in existence for eleven years and enforcement has increased over the years, illegally tinted vehicles are again becoming commonplace on Hawaii's roadways. Your Committee feels that increasing the penalty for businesses that install illegal sunscreen devices, as well as vehicle owners who have these types of devices on their vehicle will help curtail a growing problem and make roadways safer.

Although your Committee understands the concerns raised by the Honolulu Police Department regarding evidentiary material to be used against an illegal installer, such as certificates of installation, and burden of proof issues with regards to individual motor vehicle owners, your Committee feels that these concerns are beyond the purview of the Committee on Transportation and respectfully requests that the Committees on Consumer Protection and Commerce and Judiciary examine these issues as this bill continues through the legislative process.

As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1987 and recommends that it pass Second Reading and be referred to the Committees on Consumer Protection and Commerce and Judiciary.