Repeals the motor vehicle tire surcharge provisions. Assesses $2 on the fees for the motor vehicle safety inspections. Deposits these charges into the environmental management special fund to manage the disposal and recycling of used tires.

A BILL FOR AN ACT

SECTION 1. Section 286-26, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) Upon application for a certificate of inspection to be issued for a vehicle, an inspection as prescribed by the director under subsection (g) shall be conducted on the vehicle, and if the vehicle is found to be in a safe operating condition, a certificate of inspection shall be issued upon payment of a fee to be determined by the director. A $2 surcharge shall be added to the certification of inspection fee and used as provided in section 342I-29. The certificate shall state the effective date, the termination date, the name of the issuing insurance carrier, and the policy number of the motor vehicle insurance identification card for the inspected motor vehicle as specified by section 431:10C-107 or state the information contained in the proof of insurance card as specified by section 431:10G-106. A sticker, authorized by the director, shall be affixed to the vehicle at the time a certificate of inspection is issued. An inspection sticker which has been lost, stolen, or destroyed shall be replaced without reinspection by the inspection station that issued the original inspection sticker upon presentation of the vehicle's current certificate of inspection; provided that the current certificate of inspection and inspection sticker shall not have expired at the time the replacement is requested. The director shall adopt rules to determine the fee for replacement of lost, stolen, or destroyed inspection stickers."

SECTION 2. Chapter 342I, Hawaii Revised Statutes, is amended as follows:

1. By amending section 342I-29 to read:

"[[]§342I-29[]] Deposit into environmental management special fund. The surcharge collected pursuant to [this part] section 286-26(e) shall be deposited into a special account in the environmental management special fund established by section 342G-63. All interest earned or accrued on moneys deposited in the fund pursuant to this section shall become part of the account. Moneys from this special account may be used by the department to:

2. By amending section 342I-21 by repealing the definitions of "import" and "importer".

[""Import" means to buy, bring, or accept delivery of tires, from an address, supplier, or any entity outside of the State, into the State and includes the tires on motor vehicles brought into the State.

"Importer" means any person or entity who imports tires, including the tires on motor vehicles imported into the State."]

3. By repealing sections 342I-26 to 342I-28.

[""[§342I-26] Registration and recordkeeping requirements. (a) All facilities that accept used tires, including but not limited to tire retailers, wholesalers, transporters, collectors, and recyclers, shall maintain, for a minimum of three years, records that provide, at least, the following information:

(b) A summary of the information maintained under subsection (a) shall be submitted to the department by July 31 of each year, listing the total quantity of used tires collected and the ultimate disposition of the used tires.

(c) By September 1, 2000, all importers operating within the State shall register with the department, using forms prescribed by the department, and shall notify the department of any change in address. After September 1, 2000, any person who desires to conduct business in this State as an importer shall register with the department no later than one month prior to the commencement of the business.

(d) All importers shall maintain records reflecting the importation of tires. The records shall be made available, upon request, for inspection by the department.

[§342I-27] Motor vehicle tire surcharge. There is established a motor vehicle tire surcharge on tires imported into the State after September 30, 2000, and before January 1, 2006. The motor vehicle tire surcharge shall be $1 per tire imported into the State and shall include those tires imported on motor vehicles,

[§342I-28] Tire inventory records and payment. (a) Payment of the motor vehicle tire surcharge shall be made quarterly based on 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 shall submit to the department documentation in sufficient detail that identifies the number of tires imported into the State during the previous quarter.

(b) The amount due from the importers for the quarter shall be equal to the number of tires provided 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, shall be permitted to provide a report and payment of the surcharge annually, with year ending December 31, rather than quarterly.""]

4. By repealing sections 342I-31 to 342I-32.

["[§342I-31] Contract for administrative services. The department may contract the services of a third party to administer the motor vehicle tire program under this part. [§342I-32] Entry and inspection of facilities. The department or other authorized party may enter and inspect any building or place, according to law at a reasonable time, for the purpose of:

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.