HB1822

SECTION 1. Section 291-21.5, Hawaii Revised Statutes, is amended to read as follows:

"§291-21.5 Regulation of motor vehicle sun screening devices; penalty. (a) No person shall operate, permit the operation of, cause to be operated, or park any motor vehicle on a public highway if the glazing material of the motor vehicle:

(1) Does not meet the requirements of the Federal Motor Vehicle Safety Standards 205 in effect at the time of its manufacture; or

(2) Is used in conjunction with sun screening devices not exempted from this section by subsection (d) hereof.

(b) No person shall install, mount, adhere, affix, or use any sun screening device or combination of devices in conjunction with the glazing material of a motor vehicle which does not meet the requirements of the Federal Motor Vehicle Safety Standards 205 in effect at the time of the glazing material's manufacture except as provided in this section. Any person who violates this section shall be liable for the removal of any sun screening device applied contrary to this section.

[~~(c) A safety inspection required under section 286-25 shall include a test to ensure that the glazing material and any sun screening devices meet the requirements specified in this section.~~]

[~~(d)~~] (c) This section shall not apply to:

(1) Rearview mirrors;

(2) Adjustable nontransparent sun visors which are mounted forward of the side windows and are not attached to the glazing material;

(3) Signs, stickers, or other materials which are displayed in a seven-inch square in the lower corner of the windshield farthest removed from the driver or signs, stickers, or other materials which are displayed in a five-inch square in the lower corner of the windshield nearest the driver;

(4) Rear trunk lid handle or hinges;

(5) Window wipers and window wiper motors;

(6) Transparent sun screening film materials which are installed, affixed, or applied along the top edge of the windshield so long as such materials do not encroach upon the AS-1 portion of the windshield as provided by the Federal Motor Vehicle Safety Standards 205 or no lower than four inches below the top of the windshield, when measured from the middle point of the bottom edge of the top windshield moulding if no AS-1 markings can be found in the left or right upper margin of the windshield;

(7) Sun screening devices for front side wing vents and windows which, when used in conjunction with the glazing material have a light transmittance of no less than thirty-five per cent plus or minus six per cent;

(8) Sun screening devices for side windows necessary for driving visibility which are to the rear of the driver and for rear windows necessary for driving visibility which, when used in conjunction with the glazing material, have a light transmittance of no less than thirty-five per cent plus or minus six per cent;

(9) Side windows which are to the rear of the driver and rear windows on vans, minivans, trucks, or buses; provided that the vehicles are equipped with rearview mirrors on both sides;

(10) Privacy drapes, curtains, or blinds, or any combination, installed on the interior of motor homes.

[~~(e)~~] (d) Any person who violates this section shall be fined:

(1) Not less than $250 or more than $500 for each separate offense if the person is the owner of the motor vehicle which is in violation; and

(2) Not less than $500 nor more than $1,000 for each separate offense if the person or business entity is the installer of any sun screening device which does not meet the requirements of this section. The installer shall also reinstall sun protective devices which comply with this section, free of charge, or reimburse the motor vehicle owner for the cost of installing sun protective devices by another installer which comply with this section.

The receipt from the installer in the possession of the person in the motor vehicle at the time of the issuance of the citation shall be prima facie evidence of the identity of the installer. The installer shall issue a certificate to the vehicle owner at the time the sunscreen device is installed certifying that the device complies with law. The certificate shall be stored in the motor vehicle at all times."

SECTION 2. Chapter 286, part II, Hawaii Revised Statutes, is repealed.

SECTION 3. (a) There is established a task force to evaluate ways to improve the enforcement and prosecution of equipment violations that periodic inspections of motor vehicles are supposed to detect and remedy, as set out in the temporarily repealed chapter 286, part II, Hawaii Revised Statutes.

(b) The director of transportation shall chair the task force, which shall consist of:

(1) The director of finance of each county or the director's designee;

(2) The chief of police of each county or the respective chief's designee;

(3) The prosecuting attorney of each county or the respective prosecuting attorney's designee; and

(4) The administrative judge of the district court of each judicial circuit or the respective administrative judge's designee.

(c) The members of the task force shall serve without compensation but shall be reimbursed for reasonable expenses, including travel expenses, necessary for the performance of their duties.

(d) Issues to be considered by the task force shall include:

(1) The evaluation of gaps in current laws that hinder enforcement and prosecution of equipment violations causing substantial noise pollution and why periodic inspections as prescribed by chapter 286, Hawaii Revised Statutes, are not effective in preventing noise pollution;

(2) Any alternative means by which the enforcement and prosecution of equipment violations causing substantial noise pollution can be effectively implemented; and

(3) How inspections can ensure that equipment violations that cause substantial noise pollution are eliminated.

(e) The task force shall report its findings and recommendations, including any proposed legislation, to the legislature not later than twenty days before the convening of the regular session of 2009.

(f) The task force shall cease to exist on June 30, 2009.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval; provided that on June 30, 2009, chapter 286, part II, and section 291-21.5 shall be reenacted in the form in which they read, respectively, on the day before approval of this Act.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1822
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII