Report Title:
Disposal of Derelict Vehicles; County Vehicular Taxes
Description:
Provides for the removal of derelict vehicles from public or private property and authorizes the counties to expend funds from the county highway funds to possess and dispose of abandoned and derelict vehicles.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
506 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MOTOR VEHICLES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 290-8, Hawaii Revised Statutes, is amended to read as follows:
"§290-8 Derelict vehicle. (a) A vehicle shall be deemed a derelict by the administrative head of the county agency designated to carry out section 290-1, in the case of a vehicle that has been left on any public highway or other public property or on private property, or by the executive director or a representative of the director of the housing and community development corporation of Hawaii, in the case of a vehicle [which] that has been [abandoned] left on property owned, managed, or administered by the corporation, if major parts have been removed or material damage to the vehicle has rendered the vehicle inoperable and one of the following conditions exists:
(1) The vehicle is registered for the current registration period and the registered and legal owners no longer reside at the addresses on record with the county director of finance;
(2) The vehicle has been registered for the current or previous registration period and the registered and legal owners disclaim ownership;
(3) The vehicle identification number and license plates have been removed so as to nullify efforts to locate or identify the current registered and legal owners;
(4) The vehicle has not been registered for the current or previous registration periods;
(5) The vehicle registration records of the county director of finance contain no record that the vehicle has ever been registered in the county; or
(6) The vehicle is ten model years old or older.
(b) Prior to authorizing the removal of a derelict vehicle, the administrative head of the county agency designated to carry out section 290-1, in the case of a derelict vehicle that has been left on any public highway or other public property or on private property, or the executive director or a representative of the director of the housing and community development corporation of Hawaii, in the case of [vehicles which have] a derelict vehicle that has been [abandoned] left on property owned, managed, or operated by the corporation, shall notify the county chief of police only if the vehicle is reported stolen or otherwise needed for police investigation.
(c) For derelict vehicles that have been left on:
(1) Public highways or on public property or on private property; or
(2) Property owned, managed, or operated by the housing and community development corporation of Hawaii,
the administrative head of the county agency designated to carry out section 290-1, in the case under paragraph (1), or the executive director or a representative of the director of the housing and community development corporation of Hawaii, in the case of paragraph (2), may remove the derelict vehicles immediately. The owner of any private property on which a derelict vehicle has been left shall initiate the process of removal by requesting the appropriate administrative head of the county agency designated to carry out section 290-1 to remove the derelict vehicle. The same owner of private property shall not be required to pay for the cost of removal. Whenever possible, the administrative head of the county agency or the executive director or a representative of the director of the housing and community development corporation of Hawaii shall seek reimbursement from the current registered and legal owners of the removed vehicle.
(d) A derelict vehicle under this section may be removed immediately, without the necessity of posting any notice on the vehicle to the effect that the vehicle is subject to removal."
SECTION 2. Section 249-18, Hawaii Revised Statutes, is amended to read as follows:
"§249-18 Highway fund. All taxes collected under this chapter, except those collected pursuant to sections 249-14 and 249-14.5, shall be deposited in a fund to be known as the "highway fund" and shall be expended in the county in which the taxes are collected for the following purposes:
(1) For acquisition, designing, construction, improvement, repair, and maintenance of public roads and highways, including without restriction of the foregoing purposes, costs of new land therefor, of permanent storm drains or new bridges, as well as repairs or additions to storm drains or bridges;
(2) For installation, maintenance, and repair of street lights and power, and other charges for street lighting purposes, including replacement of old street lights, on county maintained public roads and highways;
(3) For purposes and functions connected with traffic control and preservation of safety upon the public highways and streets;
(4) For payment of interest on and redemption of bonds issued to finance highway and street construction and improvements;
(5) In the case of the city and county of Honolulu, for appropriation for the police department up to the sum of $500,000[. No]; provided that no expenditures shall be made for this purpose out of this fund [which] that will jeopardize federal aid for highway construction;
(6) For purposes and functions connected with mass transit; [and]
(7) For the acquisition, design, construction, improvement, repair, and maintenance of bikeways[.]; and
(8) For taking custody and disposing of abandoned and derelict vehicles pursuant to chapter 290; provided that no expenditures shall be made for this purpose out of this fund that will jeopardize federal aid for highway construction."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act all take effect upon its approval.
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INTRODUCED BY: |
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