Report Title:

Motor Vehicle Sun Screening Devices

Description:

Provides for fines for the owner and for the installer who violate the motor vehicle sun screening device law. (SD1)

THE SENATE

S.B. NO.

2087

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO TRAFFIC VIOLATIONS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 291-21.5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) Any person who violates this section shall be fined [not less than $50 nor more than $250 for each separate offense.]:

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 Statutory material to be repealed is bracketed and stricken.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

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. This Act shall take effect upon its approval.