Report Title:

Mandatory Motor Vehicle Disposal Fee; New Motor Vehicles

Description:

Establishes a mandatory disposal fee for new motor vehicles.

HOUSE OF REPRESENTATIVES

H.B. NO.

1696

TWENTY-THIRD LEGISLATURE, 2005

 

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. Chapter 342G, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . motor vehicle DISPOSAL PROGRAM

§342G-A Definitions. As used in this part, unless the context requires otherwise:

"Import" means to buy, bring, or accept delivery of new motor vehicles from an address, supplier, or any entity outside the State of Hawaii.

"Motor vehicle disposal program" means a program for motor vehicle disposal or reuse for other purposes, including but not limited to motor vehicle or motor vehicle parts, refurbishing, or recycling for shipment out of the State, or crushed into aggregate substitute.

"New motor vehicle" means motor vehicles of the current model year, immediate past model year, or the next model year that have not been sold or registered by the manufacturer or dealer.

"New motor vehicle dealer" means a dealer licensed under chapter 437 to engage in the business of selling at wholesale, retail, or both, new motor vehicles.

§342G-B Mandatory motor vehicle disposal fee. (a) Every new motor vehicle dealer shall pay to the department a mandatory motor vehicle disposal fee. The fee shall be imposed upon every registered new motor vehicle. Thereafter, whenever the title or interest of the motor vehicle is transferred, the transferee shall pay the mandatory motor vehicle disposal fee, and the transferor shall be refunded the fee from the environmental management special fund. Beginning September 1, 2005, the fee shall be $250 per new motor vehicle.

(b) No county shall impose or collect any assessment or fee on new motor vehicles for the same or similar purpose that is the subject of this chapter.

§342G-C New motor vehicle dealers; recordkeeping requirements. All new motor vehicle dealers shall maintain records reflecting the importation of new motor vehicles. The records shall identify the model, weight, and quantity of each type of new motor vehicle. The records shall be made available, upon request, for inspection by the department; provided that any proprietary information obtained by the department shall be kept confidential and shall not be disclosed to any other person except:

(1) As may be reasonably required in an administrative or judicial proceeding to enforce any provision of this chapter or any rule adopted pursuant to this chapter; or

(2) Under an order issued by a court or administrative agency hearing officer.

§342G-D Deposit into environmental management special fund; refund; distribution to counties. (a) Revenues generated from the mandatory motor vehicle disposal fee shall be deposited into a separate account in the environmental management special fund. Moneys from the separate account shall be used to:

(1) Refund payments of mandatory motor vehicle disposal fees made by transferors; and

(2) Fund motor vehicle disposal programs established under section 342G-E.

In the event of any surplus in the separate account, the department shall recommend to the legislature a reduction in the fee as deemed necessary.

(b) The department shall distribute the moneys contained in the separate account to the counties in proportion to the number of new motor vehicles imported into each county, based upon the county's de facto population. The distribution shall be in the form of direct contracts with the department as permitted under chapters 103 and 103D, or transfer of funds from the department.

(c) All moneys distributed to the counties under subsection (b), and not expended or encumbered by the counties as specified in section 342G-E, shall be returned to the State for deposit into the separate account of the environmental management special fund at the end of each fiscal year.

§342G-E County motor vehicle disposal programs; requirements. All county motor vehicle disposal programs shall include but not be limited to:

(1) Funding for the collection and processing of motor vehicles or motor vehicle parts either through existing county agencies or through external contracts for services;

(2) Subsidizing the transportation of processed material to out-of-state markets;

(3) The development of collection facilities or the provision of motor vehicle disposal;

(4) Additional research and development programs, including grants to private sector entrepreneurs, especially those activities that develop higher value uses for motor vehicle parts and materials; and

(5) Public education and awareness programs that focus on motor vehicle disposal."

SECTION 2. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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