Bill Text: HI HB2023 | 2024 | Regular Session | Introduced
Bill Title: Relating To Motor Vehicles.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced) 2024-01-24 - Referred to JHA, FIN, referral sheet 2 [HB2023 Detail]
Download: Hawaii-2024-HB2023-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2023 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to motor vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that, for some residents, the moneys owed for motor vehicle taxes and fees that have been unpaid for several years may exceed the value of the motor vehicle, making it difficult to renew the motor vehicle's registration or transfer its title. These affected residents often decide to instead abandon their motor vehicles, creating environmental waste and further straining Hawaii's limited waste disposal capacity.
The legislature believes that under certain circumstances, simply forgiving a portion of the unpaid taxes, fees, and accompanying penalties would be more financially and environmentally beneficial for the State and counties than having these motor vehicles abandoned.
Accordingly, the purpose of this Act is to limit the required payment of certain unpaid motor vehicle taxes and fees and accompanying financial penalties to those incurred during the first five consecutive years of delinquency.
SECTION 2. Section 249-5.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) All vehicles taxable under sections 249-1,
249-2, 249-4 and 249-6 to 249-13, [which] that are stored so that
they are not used for transportation, or for the other purposes covered by
section 249-2, shall be exempt from the tax for the period of storage; provided
that the owner of each vehicle shall first present to the director of finance a
signed statement of the fact of the storage, together with other relevant facts
as may be required by the director of finance and shall surrender the last
issued certificate of registration, license plates, and emblem for the
vehicle. If the affidavit, certificate
of registration, license plates, and emblem are presented to the director of
finance after the expiration of the vehicle's registration period, then the
unpaid tax for each month the license plates could have been validated with an
emblem plus the fee for the currently issued license plates and emblem shall be
paid in full upon presenting the affidavit[.]; provided that the moneys
owed shall not exceed the current license plate and emblem fees plus any unpaid
taxes due during the first five consecutive years that the license plate could
have been validated with an emblem, regardless of the overall duration of
delinquency."
SECTION 3. Section 249-10, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any tax imposed by sections 249-1 to 249-13
for any year and not paid when due, shall become delinquent and a penalty shall
be added to, and become part of, the delinquent tax[.];
provided that the delinquent tax due shall not exceed the current tax due plus
any unpaid taxes due and penalties incurred during the first five consecutive
years of delinquency, regardless of the overall duration of delinquency. The amount of the delinquency penalty
shall be established by the county's legislative body. If the date that the tax is due is a
Saturday, Sunday, or legal holiday, the tax shall become delinquent at the end
of the next day that is not a Saturday, Sunday, or legal holiday. The director of finance may require the
payment of any delinquent tax and penalty as a condition precedent to the
registration, renewal, or transfer of ownership of [such] the
vehicle. Any vehicle not having the
number plates required by sections 249-1 to 249-13, or any vehicle upon which
taxes are delinquent as provided in this section, may be seized, wherever
found, by the director of finance or by any police officer, and held for a
period of ten days, during which time the vehicle shall be subject to
redemption by its owner by payment of the taxes due, together with the
delinquent penalties and the cost of storage and other charges incident to the
seizure of the vehicle. The director of
finance, chief of police, or any police officer shall be deemed to have seized
and taken possession of any vehicle, after having securely sealed it where
located and posted a notice upon the vehicle, setting forth the fact that it
has been seized for taxes and warning all other persons from molesting it under
any penalty provided by section 249-11."
SECTION 4. Section 249-34, Hawaii Revised Statutes, is amended to read as follows:
"§249-34
Delinquent penalties; seizure and sale for tax and fee. Any tax or fee imposed under sections 249-31
and 249‑33 for any year and not paid when due shall be subject to the
penalties provided in section 249-10[.]; provided that any moneys due
shall not exceed the current tax or fee, or both, due plus any unpaid taxes or
fees, or both, due and penalties incurred during the first five consecutive
years of delinquency, regardless of the overall duration of delinquency."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Motor Vehicles; Registration; Taxes; Penalties; Delinquency
Description:
Limits the required payment of certain unpaid motor vehicle taxes and fees and accompanying financial penalties to those incurred during the first 5 consecutive years of delinquency.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
