Report Title:

Motor Vehicle Purchases by Government; Exemptions

Description:

Exempts from the Motor Vehicle Industry Licensing Act the purchase by state and county governments of motor vehicles that are not 8,500 pounds or less of gross vehicle weight rating.

HOUSE OF REPRESENTATIVES	H.B. NO.	2333
TWENTY-FOURTH LEGISLATURE, 2008
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 437, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§437-  Exemptions. The purchase by the State or any of its political subdivisions of a motor vehicle that is not a standard two-door or four-door motor vehicle that is eight thousand five hundred pounds or less of gross vehicle weight rating, as determined by the United States Department of Transportation, shall be exempt from this chapter."

     SECTION 2.  Section 437-1, Hawaii Revised Statutes, is amended to read as follows:

     "§437-1  Legislative findings and declaration.  The legislature finds that:

     (1)  The manufacture, distribution, and sales of motor vehicles in the [State] state vitally affects the general economy of the [State] state and the public interest and public welfare;

     (2)  Manufacturers of motor vehicles whose physical manufacturing facilities are not located within the [State,] state, and motor vehicle distributors, are doing business in the [State] state through their control over, and relationships and transactions with their dealers, branches, and representatives; and

     (3)  The geographical location of Hawaii makes it necessary to ensure the availability of motor vehicles and parts and dependable service therefor within the [State] state to protect and preserve the transportation system and the investments of its residents[.]; however, considering the resources of the state and county governments, the legislature further finds that government agencies can adequately protect themselves in transactions involving the purchase of motor vehicles.

     The legislature declares, on the basis of the foregoing findings, that it is necessary to regulate and to license motor vehicle manufacturers, distributors, dealers, salespersons, and auctions in the [State,] state; to prevent frauds, impositions, and other abuses against its residents[,]; and to protect and preserve the economy and the transportation system of the [State.] state; provided that the purchase of motor vehicles by the state and county governments shall not be limited to licensees under this chapter."

     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 shall take effect upon its approval.

INTRODUCED BY:

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