STAND. COM. REP. NO. 468

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 549

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 549 entitled:

 

"A BILL FOR AN ACT RELATING TO MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT,"

 

begs leave to report as follows:

 

     The purpose of this measure is to include motorcycles in the State's Lemon Law and thereby make statutory remedies under the State Certified Arbitration Program available to owners of defective motorcycles. 

 

     Your Committee received testimony in support of this measure from Street Bikers United and two private citizens.  Testimony with comments on this measure was received from the Department of Commerce and Consumer Affairs.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

 

     Your Committee finds that the inclusion of motorcycles in the State's Lemon Law and the resultant access for owners of defective motorcycles to the State Certified Arbitration Program (SCAP) will not overly tax SCAP's existing resources.  Your Committee further finds that in order to successfully implement this measure, the Department of Commerce and Consumer Affairs as well as motorcycle dealers and manufacturers should be given adequate time to establish compliance procedures and to update their informational materials. 

 

     Your Committee has amended this measure by clarifying that it applies to sales of motorcycles that take place on or after September 1, 2009, in order to allow all affected parties an opportunity to adequately prepare for the inclusion of motorcycles in the State's Lemon Law. 

 

     As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 549, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 549, S.D. 1, and be placed on the calendar for Third Reading.

 

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

 

 

 

____________________________

ROSALYN H. BAKER, Chair