STAND. COM. REP. NO. 1058
Honolulu, Hawaii
, 2005
RE: S.B. No. 1362
S.D. 1
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Energy & Environmental Protection, to which was referred S.B. No. 1362, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO ABANDONED VEHICLES,"
begs leave to report as follows:
The purpose of this measure is to authorize the Department of Transportation to take custody and dispose of abandoned and derelict vehicles on any public highway, public property, or on private roads pending dedication to a county.
The Housing and Community Development Corporation of Hawaii and the Windward Ahupua`a Alliance testified in support of this bill. The Department of Transportation and the President of the West Loch Estates Homeowners Association submitted testimony in opposition.
Your Committee finds that, under current law, the counties are responsible for taking into custody and disposing of abandoned and derelict vehicles and have a comprehensive process in place, including the formal notification of disposition to a vehicle's registered owner. Language allowing the Department of Transportation to take custody of abandoned and derelict vehicles may lead to duplication of efforts and could be confusing to individuals wishing to report such vehicles or reclaim their vehicles.
Your Committee was further informed by the Housing and Community Development Corporation of Hawaii of its difficulties with abandoned cars on roads in master planned developments where the road dedication has not yet been approved by the county.
To address these concerns, your Committee has amended this measure by:
(1) Inserting a purpose clause to clarify under what circumstances vehicles may be taken into custody and disposed of under this measure;
(2) Deleting the Department of Transportation's right to take into custody and dispose of abandoned or derelict vehicles;
(3) Allowing the counties to take into custody and dispose of any vehicles that have been abandoned on private land that is defined as a setback, shoulder, easement, or right of way that is adjacent to or part of a public highway;
(4) Clarifying that the Housing and Community Development Corporation of Hawaii may take into custody and dispose of any vehicles that have been abandoned on any public housing property owned, managed, or administered by the Housing and Community Development Corporation of Hawaii;
(5) Allowing the counties to take into custody and dispose of any vehicles that have been abandoned in a master planned community developed by the Housing and Community Development Corporation of Hawaii where dedication of its private roads are pending approval by the county;
(6) Changing the effective date to facilitate further discussions; and
(7) Making technical nonsubstantive changes for clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Energy & Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1362, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1362, S.D. 1, H.D. 1, and be referred to the Committee on Transportation.
Respectfully submitted on behalf of the members of the Committee on Energy & Environmental Protection,
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____________________________ HERMINA MORITA, Chair |
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