Bill Text: HI SB2707 | 2018 | Regular Session | Introduced
Bill Title: Relating To Motor Vehicles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-08 - The committee on PSM deferred the measure. [SB2707 Detail]
Download: Hawaii-2018-SB2707-Introduced.html
|
THE SENATE |
S.B. NO. |
2707 |
|
TWENTY-NINTH LEGISLATURE, 2018 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
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 over 1.2 million motor vehicles were registered in the State in 2015. It is estimated that thousands of these vehicles have been sold by their last registered owner but have never been transferred into the name of the new owner. These vehicles are listed in county motor vehicle records as "transfer pending."
The legislature also finds that section 286-52, Hawaii Revised Statutes, requires the seller of a motor vehicle to provide notice to the director of finance of the relevant county within ten days of a vehicle sale. However, section 286-52, Hawaii Revised Statutes, also requires the buyer of the vehicle to submit to the director of finance a properly endorsed certificate of ownership within thirty days of the sale. In many cases where vehicles have a "transfer pending" status, the seller of the vehicle complied with the seller's obligations, but the buyer failed to complete the buyer's obligations. In addition, because Hawaii law does not require the county director of finance to verify the new owner's identification listed in the "notice of transfer" form submitted by the seller, counties often do not know who owns these improperly transferred vehicles for which the transfer of ownership has not been perfected.
The legislature is concerned that criminals have been committing numerous crimes using vehicles without perfected transfers, including sexual assaults, robberies, burglaries, thefts, and purse snatchings. Although witnesses often are able to record the license plates of vehicles involved in these crimes, this information is of little help to law enforcement since current ownership of the vehicles was not properly completed.
The legislature believes that requiring transferees of motor vehicles, mopeds, and trailers to verify their identification to the respective county director of finance will help to ensure that county vehicle ownership records are current and complete. This requirement will also improve community safety by making it easier for law enforcement to determine the ownership of vehicles used in crimes.
The purpose of this Act is to:
(1) Require transferors and transferees of used motor vehicles, mopeds, and trailers, including those owned by persons who do not intend to drive them on public highways, to appear together before the county director of finance and present government-issued identification to finalize the transfer;
(2) Require police officers to remove from public streets any motor vehicles, mopeds, or trailers not properly transferred in compliance with these procedures;
(3) Prohibit vehicles removed from public streets pursuant to paragraph (2) from being released to a transferee unless the transferee presents a valid certificate of ownership; and
(4) Allow a towing facility to dispose of vehicles not claimed within thirty days of removal from a public street.
SECTION 2. Section 249-14.2, Hawaii Revised Statutes, is amended to read as follows:
"[[]§249-14.2[]] Procedure
when registration of a bicycle or moped transferred. (a)
Upon transfer of registered ownership in or to a bicycle or moped, the [person
whose interest is to be transferred] transferor and the transferee
shall write their signatures with pen and ink upon the certificate of
registration issued for the bicycle or moped, together with the address of the
transferee in the appropriate space provided upon the certificate.
(b)
Within thirty calendar days of the transfer of registered ownership of a
bicycle or moped[, the]:
(1) The transferee
of a bicycle shall forward the certificate of registration so endorsed to
the director of finance [who shall file the certificate.]; and
(2) The transferor
and transferee of a moped shall appear together before the director of finance
to present the certificate of registration endorsed pursuant to subsection (a);
provided that the director of finance shall require the transferor and transferee
to present valid government-issued identification before accepting the
certificate.
The director of finance may charge a fee of $5 which shall be deposited into the county bikeway fund for each new certificate of registration issued. Whenever a transferor or transferee fails to comply with these provisions, the director of finance shall charge the person not in compliance a fee of $10, in addition to the fee provided in this section, for the issuance of a new certificate of registration.
(c)
[The] After certifying that the transferor and transferee have
complied with subsections (a) and (b), the director of finance[, upon
receipt of the certificate of registration properly endorsed and the required
fee,] shall:
(1) File the
certificate;
(2) [register] Register
the bicycle or moped; and
(3) [shall issue]
Issue to the owner thereof by reason of the transfer a new certificate
of registration in the manner and form provided for in an original registration.
(d)
Until the director of finance has issued the new certificate of
registration as provided in subsection (c), delivery of [such] the
bicycle or moped shall be deemed not to have been made [and], the
registration [thereto] shall be deemed not to have passed, and the
intended transfer shall be deemed to be incomplete and not to be valid or
effective for any purpose.
(e)
In the event of the transfer by operation of law in or to a bicycle or
moped, as upon inheritance, devise, or bequest, order in bankruptcy, or
insolvency, execution sale, repossession upon default in performance of the
terms of a lease or executory sales contract, or otherwise than by the
voluntary act of the person whose interest is to be transferred, the
certificate of registration shall be signed upon the spaces provided by the
personal representative of, or successor in interest of the person whose
registered ownership or interest is so transferred in lieu of [such] the
person. Every personal representative,
receiver, trustee, sheriff, or other representative hereinabove referred to
shall file with the director of finance a notice of any transfer by sale,
lease, or otherwise by the person, of any [such] bicycle or moped,
together with evidence satisfactory to the director of finance of all facts
entitling [such] the representative to make the transfer.
(f)
Any person who refuses or neglects to deliver a certificate of
registration to a transferee entitled thereto under this section, shall be [punished
as] subject to the penalty provided in section 249-14.6.
(g)
Every dealer or manufacturer, upon transferring a bicycle or moped,
whether by sale, lease, or otherwise, shall immediately give notice of the
transfer to the director of finance upon the official form provided by the
director of finance. [Every such]
The notice shall contain the date of the transfer, the names and
addresses of the transferor and transferee, and [such] a
description of the bicycle or moped as may be called for in the official form.
(h)
Every person, other than a dealer, upon transferring a bicycle or moped,
whether by sale, lease, or otherwise, shall within ten days give notice of the
transfer to the director of finance upon the official form provided by the
director of finance. Every notice shall
contain the date of transfer, the names and addresses of the transferor and
transferee, and [such] a description of the bicycle or moped as
may be called for in the official form.
Any person who violates this subsection shall be fined not more than $100.
(i) Whenever the registered owner of a bicycle or moped or any dealer or manufacturer has given notice to the director of finance of a transfer of the registered ownership to the bicycle or moped, as provided in subsection (g) or (h), and has delivered the certificate of registration bearing the transferor's signature to the transferee as required by subsection (a), the transferor shall be relieved from liability, civil or criminal, which the transferor might subsequently incur by reason of being the registered owner of the bicycle or moped.
(j) Notwithstanding any other law to the
contrary, a police officer shall remove from a public street any moped for
which the director of finance has received a notice of transfer as provided in
subsection (h), but whose transferee has not been issued a certificate of
ownership within thirty days of the transfer due to noncompliance with
subsection (b). The driver of the moped
shall be cited and fined not more than $100.
A moped removed from the street pursuant to this subsection:
(1) Shall not be
released to a transferee unless the transferee presents a valid certificate of
ownership; and
(2) If not released
pursuant to paragraph (1), shall be disposed of not less than thirty calendar
days after being removed from the street; provided that the disposal shall
comply with part I of chapter 290.
[(j)] (k) Any person who falsely or fraudulently gives
notice to the director of finance of a transfer of registered ownership to a
bicycle or moped shall be subject to the penalty provided in section 249-14.6."
SECTION 3. Section 286-52, Hawaii Revised Statutes, is amended to read as follows:
"§286-52 Procedure when title of
vehicle transferred; delivery of certificate mandatory. (a)
Upon a transfer of the title or interest of a legal owner in or to a
vehicle registered under this part, the [person whose title or interest is
to be transferred] transferor and the transferee shall write their
signatures with pen and ink upon the certificate of ownership issued for the
vehicle, together with the address of the transferee in the appropriate space
provided upon the certificate.
(b)
Within thirty calendar days thereafter, the transferor and
transferee shall [forward the certificate of ownership so endorsed to] appear
together before the director of finance [who shall file the same;] to
present the certificate of registration endorsed pursuant to subsection (a);
provided that [if]:
(1) The director of
finance shall require the transferor and transferee to present valid government-issued
identification before accepting the certificate; and
(2) If the
recorded lien holder does not have an office in the State, the applicable
period shall be sixty days.
Whenever a transferor or transferee fails to comply with these provisions, the director of finance shall charge the person not in compliance a fee of $50, in addition to the fee provided in section 286-51, for a new certificate of ownership.
(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, 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] outstanding summonses or
citations.
(d)
[The] After certifying that the transferor and transferee have
complied with subsection (b), the director of finance[, upon receipt of
the certificate of ownership properly endorsed,] shall [register]:
(1) File the certificate;
(2) Register
the vehicle[,]; and
(3) [shall issue]
Issue to the owner and legal owner entitled thereto by reason of the
transfer a new certificate of registration and the certificate of ownership,
respectively, in the manner and form hereinabove provided for original
registration.
(e)
Until the director of finance has issued the new certificate of
registration and certificate of ownership [as in] pursuant to subsection
(d) [provided], delivery of [such] the vehicle shall be
deemed not to have been made and title thereto shall be deemed not to have
passed, and the intended transfer shall be deemed to be incomplete and not to
be valid or effective for any purpose, notwithstanding any provision of the
Uniform Commercial Code; provided that a security interest in a motor vehicle
shall be perfected as provided in the Uniform Commercial Code, section
490:9-311 and that the validity, attachment, priority, and enforcement of [such]
the security interest shall be governed by Article 9 of the Code.
(f) In
the event of the transfer by operation of law of the title or interest of a
legal owner in and to a vehicle registered under this part, as upon
inheritance, devise, or bequest, order in bankruptcy, or insolvency, execution
sale, repossession upon default in performance of the terms of a lease or
executory sales contract, or otherwise than by the voluntary act of the person
whose title or interest is so transferred, the certificate of ownership shall
be signed upon the spaces provided by the personal representative, receiver,
trustee, sheriff, or other representative, or successor in interest of the
person whose title or interest is so transferred in lieu of [such] the
person. Every personal representative,
receiver, trustee, sheriff, or other representative hereinabove referred to
shall file with the director of finance a notice of any transfer by sale,
lease, or otherwise by [such] the person, of any [such] the
vehicle[,] being transferred, together with evidence satisfactory
to the director of finance of all facts entitling [such] the
representative to make the transfer.
Upon notice given to the director of finance that transfer by operation
of law of the title or interest of a legal owner or a registered owner has been
effected pursuant to any provision of law, the director of finance shall send
to the legal owner or the registered owner or both a notice by registered mail
of [such] the action and requesting the delivery to the director
of finance of the certificate of ownership or the certificate of registration,
as the case may be, within ten days after date of mailing of the notice, and
any person who refuses or neglects to deliver the same to the director of
finance pursuant to the notice shall be guilty of a misdemeanor and shall be [punished
as] subject to the penalty provided in section 286-61.
(g) Nothing
in the foregoing subsections shall prevent a legal owner from assigning the
title or interest in or to a vehicle registered under this part to another
legal owner at any time without the consent of and without affecting the
interest of the holder of the certificate of registration thereof. Upon filing with the director of finance [of]
a certificate of ownership endorsed by the legal owner and a transferee of
legal ownership, the director of finance [shall], whether the
certificate of registration has expired or not, shall enter the name of
the new legal owner upon the records of the director's office and shall [forthwith]
issue a new certificate of ownership to the new legal owner in the form for
original registration. Upon so doing,
the director of finance shall send to the registered owner a notice by mail of
the action.
(h) Any
person who refuses or neglects to deliver a certificate of ownership to a
transferee entitled thereto under this part, shall be [punished as] subject
to the penalty provided in section 286-61.
(i)
Every dealer, upon transferring a motor vehicle, whether by sale, lease,
or otherwise, shall immediately give notice of the transfer to the director of
finance upon the official form provided by the director of finance. [Every such] The notice shall
contain the date of the transfer, the names and addresses of the transferor and
transferee, and [such] a description of the vehicle as may be
called for in the official form.
(j) Every
person, other than a dealer, upon transferring a motor vehicle, whether by
sale, lease, or otherwise, shall within ten days give notice of the transfer to
the director of finance upon the official form provided by the director of
finance. Every notice shall contain the
date of transfer, the names and addresses of the transferor and transferee, and
[such] a description of the vehicle as may be called for in the
official form. Any person who violates
this subsection shall be fined not more than $100.
(k) Whenever the registered owner of any motor vehicle or any licensed dealer has given notice to the director of finance of a transfer of the title or interest in the motor vehicle, as provided in subsection (i) or (j), and has delivered the certificate of ownership bearing the transferor's signature to the transferee as required by subsection (a), the transferor shall be relieved from any liability, civil or criminal, from the date the transferor delivers the motor vehicle into the transferee's possession, which the transferor might otherwise subsequently incur by reason solely of being the registered owner of the vehicle.
(l) Notwithstanding any other law to the
contrary, a police officer shall remove from a public street any vehicle for
which the director of finance has received notice of transfer pursuant to
subsection (j), but whose transferee has not been issued a certificate of
ownership within thirty days of the transfer due to noncompliance with
subsection (b). The driver of the
vehicle shall be cited and fined not more than $100. A vehicle removed from the street pursuant to
this subsection:
(1) Shall not be
released to a transferee unless the transferee presents a valid certificate of
ownership; and
(2) If not released
pursuant to paragraph (1), shall be disposed of not less than thirty calendar
days after being removed from the street; provided that the disposal shall
comply with part I of chapter 290.
[(l)] (m) A licensed dealer who has forwarded a
properly endorsed certificate of ownership to the director of finance shall be
relieved of any civil liability, from the date the transferor delivers the
motor vehicle into the transferee's possession, which the transferor might
otherwise subsequently incur by reason solely of being the registered owner of
the vehicle; provided that a specific written authorization to forward the
certificate has been obtained from the transferee.
[(m)] (n) Any person who falsely or fraudulently gives
notice to the director of finance of a transfer of title or interest in a motor
vehicle shall be subject to the penalty provided in section 286-61."
SECTION 4. Section 286-52.5, Hawaii Revised Statutes, is amended to read as follows:
"§286-52.5
Procedure when registration of a trailer transferred. (a)
Upon transfer of registered ownership in or to a trailer, the [person
whose interest is to be transferred] transferor and [the]
transferee shall write their signatures with pen and ink upon the certificate
of registration issued for the trailer, together with the address of the
transferee in the appropriate space provided upon the certificate.
(b)
Within thirty calendar days of the transfer of registered ownership of a
trailer, the transferor and transferee shall [forward the certificate
of registration to] appear together before the director of finance [who
shall file the certificate.] to present the certificate of registration
endorsed pursuant to subsection (a); provided that the director of finance
shall require the transferor and transferee to present valid government-issued
identification before accepting the certificate. Whenever a transferor or transferee
fails to comply with this section, the director of finance shall charge the [transferee]
person not in compliance a fee of $50, in addition to the fee provided
in this section, for the issuance of a new certificate of registration.
(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, the director may require, as a condition precedent to the
transfer, that the registered owner deposit or pay bail with respect to all [such]
outstanding summonses or citations.
(d) The director of finance, upon receipt of the certificate of registration properly endorsed, shall:
(1) File the certificate;
(2) [register] Register
the trailer; and
(3) [shall issue]
Issue to the owner thereof by reason of the transfer a new certificate
of registration in the manner and form provided for original registration.
(e) Until the director of finance has issued the
new certificate of registration as provided in subsection (d), delivery of [such]
the trailer shall be deemed not to have been made and registration
thereto shall be deemed not to have passed, and the intended transfer shall be
deemed to be incomplete and not to be valid or effective for any purpose.
(f) In the event of the transfer by operation of
law in or to a trailer registered under section 286-47.2, as upon inheritance,
devise, or bequest, order in bankruptcy, or insolvency, execution sale,
repossession upon default in performance of the terms of a lease or executory
sales contract, or otherwise than by the voluntary act of the person whose interest
is to be transferred, the certificate of registration shall be signed upon the
spaces provided by the personal representative of, or successor in interest of
the person whose registered ownership or interest is so transferred in lieu of [such]
the person. Every personal
representative, receiver, trustee, sheriff, or other personal representative
hereinabove referred to shall file with the director of finance a notice of any
transfer by sale, lease, or otherwise by the person, of any [such]
trailer, together with evidence satisfactory to the director of finance of all
facts entitling [such] the representative to make the transfer.
(g) Any person who refuses or neglects to deliver
a certificate of registration to a transferee entitled thereto under this
section, shall be [punished as] subject to the penalty provided
in section 286-61.
(h) Every dealer or manufacturer, upon
transferring a trailer, whether by sale, lease, or otherwise, shall immediately
give notice of the transfer to the director of finance upon the official form
provided by the director of finance.
Every [such] notice shall contain the date of transfer, the names
and addresses of the transferor and transferee, and [such] a
description of the trailer as may be called for in the official form.
(i) Every person, other than a dealer or
manufacturer, upon transferring a trailer, whether by sale, lease, or
otherwise, shall within ten days give notice of the transfer to the director of
finance upon the official form provided by the director of finance. Every notice shall contain the date of
transfer, the names and addresses of the transferor and transferee, and [such]
a description of the trailer as may be called for in the official
form. Any person who violates this
subsection shall be fined not more than $100.
(j) Whenever the registered owner of any trailer or any dealer or manufacturer has given notice to the director of finance of a transfer of the registered ownership to the trailer, as provided in subsections (h) and (i), and has delivered the certificate of registration bearing the transferor's signature to the transferee as required by subsection (a), the transferor shall be relieved from liability, civil or criminal, which the transferor might subsequently incur by reason of being the registered owner of the trailer.
(k) A dealer or manufacturer who has forwarded a properly endorsed certificate of registration to the director of finance shall be relieved of any civil liability, only if, in addition to the requirement of subsection (j), the dealer or manufacturer obtains from the transferee a specific written authorization to forward the certificate.
(l) Notwithstanding any other law to the
contrary, a police officer shall remove from a public street any trailer for
which the director of finance has been given notice of transfer pursuant to
subsection (i), but whose owner has not been issued a certificate of ownership
within thirty days of the transfer due to noncompliance with subsection (b). The driver of the motor vehicle drawing the trailer
shall be cited and fined not more than $100.
A trailer removed from the street pursuant to this subsection:
(1) Shall not be
released to a transferee unless the transferee presents a valid certificate of
ownership; and
(2) If not released
pursuant to paragraph (1), shall be disposed of not less than thirty calendar
days after being removed from the street; provided that the disposal comply
with part I of chapter 290.
[(l)]
(m) Any person who falsely or
fraudulently gives notice to the director of finance of a transfer of
registered ownership to a trailer shall be subject to the penalty provided in
section 286-61.
[(m)]
(n) The director of finance may
charge a fee which shall be deposited in the general fund for each new
certificate of registration issued. The
fee charged to issue a new certificate of registration shall be established by
the county's legislative body."
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.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Counties; Motor Vehicles; Mopeds; Trailers; Transfer of Ownership
Description:
Requires transferors and transferees of used motor vehicles, mopeds, and trailers, including motor vehicles whose owners do not intend to drive the vehicle on public highways, to appear together before the county director of finance with government-issued identification to finalize a transfer of ownership. Directs police officers to remove from public streets any motor vehicle, moped, or trailer not properly transferred. Requires transferees to present a valid certificate of ownership in order to claim a vehicle removed from a public street.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
