Bill Text: HI SB2685 | 2014 | Regular Session | Amended
Bill Title: Motor Vehicle Tire Surcharge; Replacement Tire
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2014-02-04 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB2685 Detail]
Download: Hawaii-2014-SB2685-Amended.html
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THE SENATE |
S.B. NO. |
2685 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MOTOR VEHICLE TIRES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Act 173, Session Laws of Hawaii 2000, strengthened Hawaii's motor vehicle tire recovery program by providing comprehensive requirements related to registration and reporting, tire inventory records and payment, and administrative authority, as well as enforcement and penalty provisions. Act 173 also established a temporary $1 motor vehicle tire surcharge, for deposit into a special account in the environmental management special fund established by section 342G-63, Hawaii Revised Statutes, for tire cleanup and associated environmental assessments and remediation; however, the $1 motor vehicle tire surcharge was repealed on January 1, 2006.
The legislature further finds that discarded motor vehicle tires continue to blight Hawaii's neighborhoods, particularly in rural and isolated areas. With the repeal of the motor vehicle tire surcharge, the department of health lost a vital source of funding to promote tire recovery and prevent illegal dumping, and the subsequent personnel and operating budget cuts have made it difficult for the department to address this critical issue.
The purpose of this Act is to re-establish a $1 motor vehicle tire surcharge on all replacement tires to assist the department of health and the counties in their activities regarding used tire management, collection, recycling, and disposal facilities.
SECTION 2. Chapter 342I, part II, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§342I‑ Motor vehicle tire surcharge; deposit into environmental management special fund; distribution to counties. (a) There is established a motor vehicle tire surcharge on every replacement tire installed on a motor vehicle in the State after September 30, 2014. The motor vehicle tire surcharge shall be $1 per tire. The surcharge shall be paid by the tire retailer or tire wholesaler who installs a replacement tire.
(b) Revenues generated from the motor vehicle tire surcharge shall be deposited into a special account in the environmental management fund. Moneys from the special account shall be used to fund county or county-sponsored tire recycling programs.
(c) The department shall distribute the moneys in the special account to the counties for recycling tires based on the county's de facto population. The distribution shall be in the form of direct contracts as permitted under chapters 103 and 103D or by the transfer of funds from the department.
(d) All moneys distributed to the counties under subsection (c), and not used by the counties as specified in subsection (b), shall be returned to the State for deposit into the environmental management special fund at the end of each annual contract period.
(e) As used in this section, "replacement tire" means any tire installed on a motor vehicle as a replacement for a worn or used tire."
SECTION 3. Section 342I-28, Hawaii Revised Statutes, is amended to read as follows:
"§342I-28 Tire inventory records and
payment. (a) Payment of the motor vehicle tire surcharge shall be made
quarterly based on the tire retailer's or tire wholesaler's inventory
records [of the importers except for those importers subject to subsection
(c) or (d)]. The dates September 30, December 31, March 31, and June 30
represent the end of each quarter period. All [importers] tire
retailers or tire wholesalers shall submit to the department documentation
in sufficient detail that identifies the number of tires [imported into]
replaced in the State during the previous quarter.
(b) The amount due from the [importers]
tire retailers or tire wholesalers for the quarter shall be equal to the
number of tires [provided] replaced in subsection (a) multiplied
by the motor vehicle tire surcharge of $1. Payment shall be made by check or
money order payable to the Department of Health, State of Hawaii and shall be
deposited into the environmental management special fund as provided in section
342I-29. All subsequent inventory reports and payments shall be made no later
than the last day of the month following the end of the previous calendar
quarter[, except for those importers subject to subsection (c) or (d).
(c) An importer who imports fewer than
fifty tires within a one-year period shall be exempt from payment of the
surcharge.
(d) An importer who imports fifty or more
tires, but fewer than or equal to two hundred tires, or a motor vehicle rental
company shall be permitted to provide a report and payment of the surcharge
annually, with year ending December 31]."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval and shall be repealed on July 1, 2019.
Report Title:
Motor Vehicle Tire Surcharge; Replacement Tire
Description:
Imposes a surcharge of $1 per tire on any tire retailer or wholesaler who installs a replacement tire in the State after September 30, 2014. Allows the department of health to use moneys collected from the surcharge to assist county or county-sponsored tire recycling programs. Repeals on 7/1/2019. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
