STAND. COM. REP. NO. 3071

Honolulu, Hawaii

RE: H.B. No. 2349

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection, and Health, to which was referred H.B. No. 2349, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CITATIONS FOR MOTOR VEHICLE REPAIR VIOLATIONS,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Authorize the Regulated Industries Complaints Office to issue citations for specific violations of the motor vehicle repair laws; and

(2) Establish a process for licensees in violation of motor vehicle repair laws to contest the citation for the assessment of fines for each violation.

Your Committee received testimony in support of this measure from the Regulated Industries Complaints Office of the Department of Commerce and Consumer Affairs and Motor Vehicle Repair Industry Board.

Your Committee finds that this measure expedites the Regulated Industries Complaints Office's enforcement of certain technical violations of the motor vehicle repair laws. Your Committee notes that the citation process established by this measure is similar to previous citation processes established for technical violations of massage therapy laws and beauty culture laws. These recent citation laws have had a positive impact on the Regulated Industries Complaints Office's efforts to curb violations and ensure swift compliance by licensees and have enabled the Office to more effectively allocate its resources. Your Committee further finds that the enforcement mechanisms in this measure will also significantly enhance the Regulated Industries Complaints Office's ability to address technical violations of the motor vehicle repair licensing laws.

Your Committee has amended this measure by:

(1) Clarifying that the ability to issue citations covers violations of rules adopted pursuant to chapters 437B and 91, Hawaii Revised Statutes, which is consistent with similar licensing provisions found elsewhere in the Hawaii Revised Statutes;

(2) Changing its effective date to July 1, 2018; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2349, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2349, H.D. 1, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,

________________________________

ROSALYN H. BAKER, Chair