Bill Text: HI HB1413 | 2022 | Regular Session | Amended
Bill Title: Relating To Abandoned Vehicles.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2022-06-27 - Act 229, on 06/27/2022 (Gov. Msg. No. 1330). [HB1413 Detail]
Download: Hawaii-2022-HB1413-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1413 |
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THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ABANDONED VEHICLES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that there has been a rise
in abandoned vehicles within the State, necessitating a large amount of funding
for the counties to dispose of the abandoned vehicles. To offset the costs, charges and fines are levied
against individuals who abandon their vehicles. However,
there is no current mechanism that requires the individuals to pay the charges within
a reasonable timeframe, resulting in numerous outstanding cases within the State.
Accordingly, the purpose of this Act is to:
(1) Authorize the director of finance of a county to require payment of outstanding charges and fines relating to the disposition of an abandoned vehicle before issuing a certificate of registration or completing a transfer of ownership, except under certain circumstances; and
(2) Require a county director of finance to notify the appropriate county examiner of drivers of the individuals who have outstanding charges and fines owed to the county relating to the disposition of an abandoned vehicle for the purposes of suspending, revoking, or prohibiting the renewal of their driver's licenses.
SECTION 2. Chapter 290, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§290- Abandoned vehicles; prohibition on transfer;
suspension, revocation, or prohibition of renewal of driver's license; notification.
(a) The county director of finance shall deny issuance
of a certificate of registration, in accordance with section 286-51, and prohibit
completion of any transfer of ownership, in accordance with sections 286-52 and
286-52.5, of an abandoned vehicle whose registered owner has outstanding charges
and fines relating to the disposition of the abandoned vehicle, including for
costs related to towing, storage, processing, and disposal.
(b) The county director of finance shall notify the
appropriate county examiner of drivers of any registered owners of abandoned vehicles
in the county who have outstanding charges and fines relating to the
disposition of an abandoned vehicle. The
county examiner of drivers shall then suspend, revoke, or prohibit the renewal of
the registered owner's driver's license in accordance with sections 286-107 and
286-119."
SECTION 3. Section 286-51, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The certificate of registration for each
motor vehicle in the counties of the State shall be renewed on a staggered basis
as established by each county. The
director of finance of each county may adopt rules to carry out the purposes
stated in this section and shall expend the [necessary] funds from the
director's operating funds as may be necessary for these purposes; provided
that [the director of finance,] if the director has ascertained as of
the date of the application that [the]:
(1) The registered owner has not deposited or paid bail with
respect to any summons or citation issued to the registered owner for stopping,
standing, or parking in violation of traffic ordinances within the county[, or
the];
(2) The
registered owner of a motor carrier vehicle, as defined in section 286-201, has
not resolved any outstanding federal operations out-of-service orders issued by
the United States Secretary of Transportation[,]; or
(3) The registered owner
has outstanding charges and fines owed to the county relating to the
disposition of an abandoned vehicle, including for costs related to towing,
storage, processing, and disposal,
the
director may require, as a condition precedent
to the renewal, that the registered owner deposit or pay bail with respect to
all such summonses or citations, [or] resolve all federal operations
out-of-service orders[.], or pay all outstanding charges and fines relating
to the disposition of the abandoned vehicle. The payment of all outstanding charges or fines
relating to the disposition of the abandoned vehicle shall not be a condition precedent
to the transfer if the abandoned vehicle was stolen or taken from the
registered owner without permission or authorization and a police report for the
abandoned vehicle is filed within a period of time, to be determined by the director
of finance of each county, after discovery
of the abandoned vehicle. The certificates of registration issued
hereunder shall show, in addition to all information required under section 286‑47,
the serial number of the tag or emblem and shall be valid during the
registration year only for which they are issued. Any certificate of registration belonging to
a motor carrier shall be suspended or revoked when that motor carrier has been
issued any federal operations out-of-service orders by the United States Secretary
of Transportation and that certificate of registration shall remain suspended
or revoked until all the federal operations out-of-service orders are resolved. The certificates of ownership need not be
renewed annually but shall remain valid as to any interest shown therein until
canceled by the director of finance as provided by law or replaced by new
certificates of ownership as hereinafter provided."
SECTION 4. Section 286-52, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Subsection (b), requiring a transferee to forward
the certificate of ownership after endorsement to the director of finance,
shall not apply to the transferee of a vehicle who was not intending to and
does not drive the vehicle or permit the vehicle to be driven upon the public
highways, but every such transferee, upon transferring the transferee's
interest or title to another, shall give notice of the transfer to the director
of finance and endorse the certificate of ownership to the new legal owner and the
certificate of registration to the new owner[; provided that if]. If the director of finance has ascertained
as of the date of the application that the registered owner has not deposited
or paid bail with respect to any summons or citation issued to the registered
owner for stopping, standing, or parking in violation of traffic ordinances within
the county[,] or has outstanding charges and fines owed
to the county relating to the disposition of an abandoned vehicle under the registered
owner, including for costs related to towing, storage, processing, and disposal,
the director may require, as a condition precedent to the transfer, that
the registered owner deposit or pay bail with respect to all such summons or
citations[.] or pay all outstanding charges and fines relating to the
disposition of the abandoned vehicle; provided that payment of all outstanding charges
and fines relating to the disposition of the abandoned vehicle shall not be a condition
precedent to the transfer if the abandoned vehicle was stolen or taken from the
registered owner without permission or authorization and a police report for the
abandoned vehicle is filed within a period of time, to be determined by the director
of finance of each county, after discovery of the abandoned vehicle."
SECTION 5. Section 286-52.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) If the director of finance has ascertained as
of the date of the application that the registered owner has not deposited or
paid bail with respect to any summons or citation issued to the registered
owner for stopping, standing, or parking in violation of traffic ordinances within
the county[,] or has outstanding charges and fines owed
to the county relating to the disposition of an abandoned vehicle under the registered
owner, including for costs related to towing, storage, processing, and disposal,
the director may require, as a condition precedent to the transfer, that
the registered owner deposit or pay bail with respect to all such summonses or
citations[.] or pay all outstanding charges and fines relating to the
disposition of the abandoned vehicle; provided that payment of all outstanding charges
and fines relating to the disposition of the abandoned vehicle shall not be a condition
precedent to the transfer if the abandoned vehicle was stolen or taken from the
registered owner without permission or authorization and a police report for the
abandoned vehicle is filed within a period of time, to be determined by the director
of finance of each county, after discovery of the abandoned vehicle."
SECTION 6. Section 286-107, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) No driver's license shall be renewed by the
examiner of drivers unless:
(1) The examiner of drivers is satisfied of the
applicant's fitness to continue to operate a motor vehicle;
(2) The fee required by subsection (d) is tendered
together with the application for renewal; [and]
(3) The applicant complies with section 286-102.5[.];
and
(4) The examiner of drivers is satisfied that the
applicant does not have outstanding charges and fines relating to the disposition of an
abandoned vehicle."
SECTION 7. Section 286-110, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:
"(h) Notwithstanding any other law to the contrary, the examiner of drivers may issue an instruction permit to an applicant with a disability who has completed a medical review with this State, and as a condition to licensure is required to pass a road test, but has failed the road test on the applicant's first attempt. The instruction permit issued under this subsection may be renewed no more than thirty days prior to or ninety days after the expiration date of the instruction permit upon receiving an updated medical report. Subsections (b)(2) and (3) shall not apply to the issuance or renewal of an instruction permit issued under this subsection.
For the
purposes of this subsection, "applicant with a disability" means an
applicant who the examiner of drivers has reasonable cause to believe may have
a mental or physical infirmity or disability that would make it unsafe to
operate a motor vehicle pursuant to section [286-119] 286-119(a)(1)
and has been medically evaluated by the medical advisory board established
pursuant to section 286-4.1."
SECTION 8. Section 286-119, Hawaii Revised Statutes, is amended to read as follows:
"§286-119 Authority of examiner
of drivers to suspend or revoke licenses.
(a) The examiner of
drivers may suspend any driver's license without hearing [when]:
(1) When the
examiner has reasonable cause to believe that the licensee is incompetent to
operate the type of motor vehicle for which the licensee holds a license or is
afflicted with mental or physical infirmities or disabilities which would make
it unsafe for the licensee to operate a motor vehicle of the type for which the
licensee is licensed[.]; or
(2) When the examiner
of drivers is notified by the appropriate county director of finance that the licensee
has outstanding
charges and fines relating to the disposition of an abandoned vehicle, as provided
pursuant to section 290‑ .
(b) When the examiner of drivers suspends a license under this section, the examiner shall immediately notify the licensee and afford the licensee a hearing. After the hearing, the examiner of drivers may rescind the suspension, or the examiner may suspend the license for a further period or revoke the license. Any person whose license has been suspended or revoked under this section may appeal under section 286-129."
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 2050.
Report Title:
Abandoned Vehicles; Outstanding Charges and Fines; Motor Vehicle Registration; Vehicle Transfer of Ownership; Driver's License
Description:
Allows the director of finance of a county to require payment of outstanding charges and fines owed to the county relating to the disposition of an abandoned vehicle within the county by the registered owner of the abandoned vehicle before issuing a certificate of registration or completing a transfer of ownership, except under certain circumstances. Requires the county directors of finance to notify the appropriate county examiner of drivers of individuals who have outstanding charges and fines owed to the county relating to the disposition of an abandoned vehicle for the purposes of suspending, revoking, or prohibiting the renewal of their driver's licenses. Effective 7/1/2050. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
