Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1987, H.D. 1, S.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.

This measure 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, free of charge, a sun protective device which complies with the law or to reimburse the owner for the cost of reinstallation.

This measure 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.

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

Your Committee finds that the current penalty of a fine between $50 and $250 is too low to serve as a significant deterrence. This measure would increase the fines to the owner and fine the installer. Testimony indicated that there are numerous installers who knowingly contravene the legal limits of tinting in flagrant and intentional violation of the law. This bill will help resolve this problem.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1987, H.D. 1, S.D. 1, and recommends that it pass Third Reading.