Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committees on Transportation and Government Operations and Intergovernmental Affairs, to which was referred S.B. No. 2049 entitled:

beg leave to report as follows:

The purpose of this measure is to repeal the criterion of "ten model years or older" from the definition of derelict vehicle purposes of the derelict vehicle law, and to conform the references of the Housing and Community Development Corporation of Hawaii to the Hawaii Public Housing Administration.

Your Committees received testimony in partial support of this measure from the State Attorney General, and testimony in support from the Honolulu Customer Service Department, Hawaii County Environmental Management Department, and Windward Ahupua`a Alliance.

The intent of this measure is to allow faster removal of abandoned vehicles from public roads. In the case of Wong v. City and County of Honolulu, 333 F. Supp. 2d 942, (D. Hawaii 2004), Judge Kay of the United States District Court ruled that disposing of a vehicle deemed derelict under current law because it is ten model years or older, without providing notice to the owner, violates procedural due process. This measure would delete that reference in section 290-8(6), Hawaii Revised Statutes.

The testimony of the Attorney General indicated that the new language in this measure referencing a vehicle abandoned under section 290-1, Hawaii Revised Statutes, should be deleted because it caused similar constitutional problems. Your Committee has amended this measure accordingly by deleting the new language.

As affirmed by the records of votes of the members of your Committees on Transportation and Government Operations and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2049, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2049, S.D. 1, and be placed on the calendar for Third Reading.