Bill Text: HI SB21 | 2021 | Regular Session | Introduced
Bill Title: Relating To Motor Vehicles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-01-27 - Re-Referred to TRS/CPN, WAM. [SB21 Detail]
Download: Hawaii-2021-SB21-Introduced.html
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THE SENATE |
S.B. NO. |
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THIRTY-FIRST LEGISLATURE, 2021 |
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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. Chapter 286, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART
. ZERO NET VEHICLE GROWTH
POLICY
§286- Zero net vehicle growth policy; established.
(a) Notwithstanding any law to the contrary, beginning
January 1, , there shall be established a zero
net vehicle growth policy in the State. The
zero net vehicle growth policy shall ensure that the number of vehicles in the State
does not exceed the vehicle threshold for the State established pursuant to subsection
(b) by prohibiting the importation of a vehicle into the State, unless:
(1) The dealer or individual importing the vehicle demonstrates proof that an existing vehicle in the State was recycled, destroyed, or transported out of the State; and
(2) The importation of the vehicle by the dealer or individual does not cause the total number of vehicles in the State to exceed the vehicle threshold for the State pursuant to subsection (b).
(b) The
vehicle threshold for the State shall be based on the number of registered vehicles
in the State as of January 1, ; provided that
the vehicle threshold shall not include:
(1) Emergency vehicles;
(2) Military vehicles; and
(3) Official federal, state, and county vehicles.
(c) This
part shall not apply to:
(1) Authorized emergency vehicles;
(2) Military vehicles;
(3) Official federal, state, and county vehicles; and
(4) The interisland shipping of vehicles pursuant to section 286-271.
(d) The
department of transportation, to the extent possible, shall coordinate state efforts
to develop markets for recycled vehicles. The department of transportation shall coordinate
market activities with the counties and clarify their respective roles and responsibilities.
(e) The
department of transportation shall adopt rules pursuant to chapter 91 to carry out
the purposes of this part.
(f) For
the purposes of this section:
"Authorized emergency vehicle" has
the same meaning as defined in section 291C-1.
"Dealer" has the same meaning as defined in section 437‑1.1."
SECTION 2. Section 238-9.5, Hawaii Revised Statutes, is amended to read as follows:
"§238-9.5 Motor vehicle
importation; report by dealers; proof of payment[.]; proof of compliance
with zero net vehicle growth policy.
(a) Every dealer, as defined in
section 437‑1.1, shall submit a report to the director, on or before the
last day of each calendar month, for all motor vehicles delivered by the dealer
in the prior month as a courtesy delivery.
The report shall contain the name and address of the dealer making the
courtesy delivery, name and address of the seller of the vehicle, type of motor
vehicle, the landed value of the vehicle, the name and address of the purchaser
or importer, the date of importation, proof of compliance with the zero net vehicle
growth policy established pursuant to part of
chapter 286, and other information relevant to the courtesy delivery as
requested by the director.
As used in this section, "courtesy delivery" means the preparation for delivery and the delivery by a dealer of a motor vehicle imported into the State by a person who purchased the motor vehicle from an out-of-state motor vehicle manufacturer or an out-of-state dealer and does not apply to motor vehicles sold by the in-state dealer.
(b)
The director of taxation shall prepare forms necessary for individuals
importing motor vehicles into the State to prove payment of the use tax
necessary to register the motor vehicle[.] and compliance with the zero
net vehicle growth policy pursuant to part of chapter
286."
SECTION 3. Section 286-41, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) The owner of every motor vehicle of the
current, previous, and subsequent year model bought out-of-state, subsequently
brought into the State, and subject to the use tax under chapter 238 shall
provide with the application for registration proof of payment of the use tax
pursuant to requirements established by the department of taxation[.] and
proof of compliance with the zero net vehicle growth policy pursuant to part
of chapter 286. No registration
certificate shall be issued without proof of payment of the use tax[.] and
proof of compliance with the zero net vehicle growth policy."
SECTION 4. Section 437-3, Hawaii Revised Statutes, is amended to read as follows:
"§437-3 Prohibited acts for
dealer or auction. No dealer or
auction shall sell or bring or cause to be brought into this State for purposes
of sale any new motor vehicle for which [the]:
(1) The dealer
or auction is not franchised[.]; and
(2) The dealer or auction
has not demonstrated proof of compliance with the zero net vehicle growth policy
pursuant to part of chapter 286."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Zero Net Vehicle Growth Policy; Dealers; Import
Description:
Beginning January 1, , establishes a zero net vehicle growth policy in the State to ensure that the number of vehicles in the State does not exceed the vehicle threshold. Prohibits the importation of a vehicle into the State unless the dealer or individual importing the vehicle demonstrates proof that an existing vehicle in the State was recycled, destroyed, or transported out of the State and the importation of the vehicle does not cause the total number of vehicles in the State to exceed the vehicle threshold. Requires proof of compliance for dealers and individuals importing vehicles into the State.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
