STAND. COM. REP. NO. 777

Honolulu, Hawaii

, 2025

RE: H.B. No. 226

H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 226, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO WINDSHIELD TINTING,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Prohibit a person from installing, mounting, adhering, affixing, or using any sun screening device in conjunction with the glazing material of a motor vehicle with mirrored, metallic, red, yellow, amber, or blue tint;

(2) Require all drivers and passengers of motor vehicles with applied tint to roll down their windows when stopped by a law enforcement officer at a traffic stop;

(3) Lower the minimum light transmittance levels for sun screening devices on certain motor vehicles;

(4) Exempt side windows to the rear of the driver and rear windows on sedans from sun screening device requirements; and

(5) Increase the minimum and maximum fines for violating sun screening device requirements.

Your Committee received testimony in support of this measure from the Department of Transportation. Your Committee received testimony in opposition to this measure from the Hawaiʻi County Police Department; Honolulu Police Department; and one individual.

Your Committee finds that window tinting can improve a vehicle's energy efficiency by reducing the amount of heat that enters the vehicle, which in turn reduces the need for excessive air conditioning. However, your Committee finds that window tinting poses a safety risk to law enforcement officers, as window tinting compromises the officer's ability to see within the vehicle. This measure takes a dual approach by allowing tinting with lower light transmittance levels while simultaneously requiring persons to roll down their windows when stopped by a law enforcement officer.

Your Committee notes that concerns were raised during the public hearing that the measure is ambiguous with respect to when persons are required to fully roll down their windows during traffic stops. Your Committee further notes that there are concerns on determining the appropriate penalty for a person's failure to fully roll down their window. Your Committee respectfully requests your Committee on Judiciary & Hawaiian Affairs, should it deliberate on this measure, to give due consideration to these issues.

Your Committee has amended this measure by:

(1) Clarifying that drivers and passengers of motor vehicles with applied tint shall fully roll down their windows when stopped by a law enforcement officer at a traffic stop; and

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

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 226, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs in the form attached hereto as H.B. No. 226, H.D. 2.

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

____________________________

SCOT Z. MATAYOSHI, Chair