STAND. COM. REP. NO. 1192

Honolulu, Hawaii

, 2019

RE: H.B. No. 253

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committees on Consumer Protection & Commerce and Judiciary, to which was referred H.B. No. 253, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO MOTOR VEHICLES,"

beg leave to report as follows:

The purpose of this measure is to prohibit a person from knowingly or intentionally:

(1) Manufacturing, importing, installing, reinstalling, distributing, selling, or offering for sale any counterfeit supplemental restraint system component, nonfunctional airbag, or airbag that does not meet federal safety requirements; and

(2) Selling, offering for sale, installing, or reinstalling any device that causes the motor vehicle's diagnostic systems to fail to warn that the motor vehicle is equipped with a counterfeit supplemental restraint system component, a nonfunctional airbag or that no airbag is installed.

The Alliance of Automobile Manufacturers, National Association of Mutual Insurance Companies, Honda North America, Inc., Automotive Anti-Counterfeiting Council, Inc., Coalition Against Insurance Fraud, O‘ahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i, and an individual testified in support of this measure. The Hawaii Automobile Dealers' Association provided comments.

Your Committees have amended this measure by:

(1) Clarifying that no person shall intentionally or knowingly manufacture, import, install, reinstall, distribute, sell, or offer for sale any counterfeit supplemental restraint system component, nonfunctional airbag, or airbag that does not meet federal safety requirements with the intent that such device replace an airbag in any motor vehicle; and

(2) Making technical, nonsubstantive amendments for clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Consumer Protection & Commerce and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 253, H.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 253, H.D. 2.

Respectfully submitted on behalf of the members of the Committees on Consumer Protection & Commerce and Judiciary,

____________________________ CHRIS LEE, Chair

____________________________ ROY M. TAKUMI, Chair