Honolulu, Hawaii

, 2002

RE: H.B. No. 2006




Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii


Your Committee on Energy and Environmental Protection, to which was referred H.B. No. 2006 entitled:


begs leave to report as follows:

The purpose of this bill is to:

(1) Expand civil-enforcement remedies;

(2) Amend notice requirements to consumers of new tires regarding disposal fees, including:

(a) Disposal fees are not subject to reduction or refund; and

(b) Whether a separate disposal fee may be added to the final price of the tire and the actual cost of the disposal fee;

(3) Allow the motor-vehicle rental industry to report and pay the surcharge annually;

(4) Clarify that a motor-vehicle tire wholesaler that accepts used tires has up to ninety days to remove the tires from the retail point of collection, provided that not more than one hundred tires may be accumulated, unless the retail point of collection is an authorized tire-collection facility, and the tires are stored in a manner consistent with fire-prevention and vector-control considerations; and

(5) Allow a motor-vehicle rental company that purchases new vehicles within the state to be designated as an importer of motor vehicles, with the approval of the Director of Health, and prohibit a surcharge credit if exported motor vehicles exceed imported vehicles.

The Department of Health testified in support of this measure. The Hawaii Automotive Repair and Gasoline Dealers Association, Catrala-Hawaii, and the Hawaii Automobile Dealers Association supported the intent of the measure.

Your Committee notes the position of motor-vehicle dealers that they be specifically exempt from section 342I-23(c), Hawaii Revised Statutes, as amended, relating to certain price and cost disclosures in motor-vehicle tire advertisements. However, this position, still to be debated, should be discussed in another vehicle so as not to jeopardize issues that all interested parties have agreed upon.

As affirmed by the record of votes of the members of your Committee on Energy and Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2006 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.


Respectfully submitted on behalf of the members of the Committee on Energy and Environmental Protection,