STAND. COM. REP. NO. 862

Honolulu, Hawaii

RE: S.B. No. 586

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 586, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Specify that a certificate of inspection shall be issued if a vehicle is not equipped with a noisy muffler or exhaust system;

(2) Require rules regarding safety check inspections to ensure that a motorcycle, moped, or motor vehicle is not equipped with a noisy muffler or exhaust system;

(3) Suspend, revoke, or refuse renewal of a permit for an official inspection station upon a third or subsequent willful violation of any rule regarding inspecting a noisy muffler or exhaust system;

(4) Make violating the noisy muffler laws a petty misdemeanor; and

(5) Include repairing or installing a noisy muffler or exhaust system as a prohibited practice for motor vehicle repair regulations.

Your Committee received testimony in support of this measure from the Department of Transportation and four individuals. Your Committee received testimony in opposition to this measure from two individuals. Your Committee received comments on this measure from the Department of the Attorney General.

Your Committee finds that the growing noise pollution and disturbance from loud mufflers on motor vehicles may have impacts on public health and safety, as well as peaceful enjoyment and quality of life. Existing law prohibits the operation of a motor vehicle of which the exhaust pipe or muffler has been modified to increase the volume of the vehicle's motor; however, this law is regularly violated due to insufficient penalties. Your Committee finds that the increases in fines proposed by this measure will serve as a stronger deterrent.

Your Committee has amended this measure by:

(1) Deleting language that makes the offense of installing a muffler that will increase the noise emitted by a motor vehicle a violation or traffic infraction; and

(2) 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 Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 586, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 586, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair