Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs, and Government Operations, to which was referred H.B. No. 1987, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to increase the fines for violation of the motor vehicle sun screening devices law.

Testimony in support of this measure was received from the Honolulu Police Department, Hawaii Business League, and T & T Tinting Specialists. Comments were received from the Department of Transportation.

Your Committee has amended this measure by deleting its contents and inserting S.B. No. 2087, S.D. 1, on the same subject. Current law does not specify whether it is the owner or the installer who is fined for a violation. This measure, as amended, fines the owner between $250 and $500 and the installer between $500 and $1,000 for each separate offense. The installer is also required to reinstall a sun protective device which complies with the law free of charge, or to reimburse the owner for the cost of reinstallation.

Your Committee finds that the current penalty of a fine between $50 and $250 is too low to be of deterrence. This measure, as amended, increases the fines and also fines the installer. Testimony has indicated that there are numerous installers who knowingly contravene the legal limits of tinting in flagrant and intentional violation of the law.

This measure, as amended, also makes a business entity as the installer subject to the penalty; provides that a receipt from the installer is prima facie evidence of the identity of the installer; and requires installers to issue to the vehicle owner a certificate of compliance with the law.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs, and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1987, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1987, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.