THE SENATE	S.B. NO.	2763
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

relating to abandoned vehicles.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 290, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§290-   Responsibility of last registered owner. The abandonment of any vehicle creates a prima facie presumption that the last legal or registered owner on record was responsible for the abandonment and such person shall be liable to the county for expenses incurred in removing, storing, and disposing of the abandoned vehicle."

SECTION 2. Section 290-7, Hawaii Revised Statutes, is amended to read as follows:

"§290-7 Disposition of proceeds. (a) [All] Net proceeds, if any, from the sale of vehicles shall be deposited into the general fund of the county[.] except an equivalent amount of the expenses incurred by the county to remove, store, and dispose of the vehicle when the legal or registered owner does not pay for those expenses prior to the sale of the vehicle. In that circumstance, any net proceeds not to exceed an amount equivalent to the expenses incurred by the county shall be deposited into the highway beautification and disposal of abandoned or derelict vehicles revolving fund established pursuant to section 286-51.

(b) In cases where, pursuant to section 290- , the legal or registered owner of the vehicle pays to the county an equivalent amount of the expenses incurred by the county to remove, store, and dispose of the vehicle prior to the sale of the vehicle, the legal or registered owner shall be entitled to recover the gross proceeds from the sale of the vehicle.

(c) [The legal or registered owner is entitled to] To recover [the excess of the] any proceeds from the sale [over expenses, if the claim is filed] of the vehicle, the legal or registered owner shall file a claim with the county within one year from the execution of the sales agreement. The registered owner shall receive priority of payment to the extent of the registered owner's lien on the vehicle. The county [may] shall file a claim within the same period against the legal or registered owner or person with an unrecorded interest for the deficiencies between the sale proceeds and expenses."

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:

_____________________________

Report Title:

Abandoned Vehicles; Last Legal or Registered Owner; Responsibility; Expenses; Highway Beautification

Description:

Creates a prima facie presumption that the last legal or registered owner is responsible for the abandonment of any vehicle and requires the last legal or registered owner to pay for expenses incurred in removing, storing, and disposing of the abandoned vehicle. Requires a portion of the proceeds to be diverted to the highway beautification and disposal of abandoned or derelict vehicles revolving fund in certain circumstances.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.