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HomeMy WebLinkAboutResolution No. 2020-40COUNTY COUNCIL COUNTY OF KAUA`I all C.5OCL[ilOtY�. �o-� RESOLUTION APPROVING A STATE BILL RELATING TO HIGHWAY SAFETY FOR INCLUSION IN THE 2021 COUNTY OF KAUA`I LEGISLATIVE PACKAGE AND THE 2021 HAWAI`I STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE WHEREAS, Chapter 286-51, Hawai`i Revised Statutes (HRS), states that the Director of Finance of each County may collect an additional fee of not more than one dollar ($1) for each certificate of registration for a U-drive motor vehicle, but may collect up to ten dollars ($10) for each certificate of registration for motor vehicles other than U-drive motor vehicles; and WHEREAS, HRS Chapter 286-51 also states that such additional fees to the certificates of registration shall be placed in a revolving fund for the purpose of highway beautification and the disposal of abandoned or derelict vehicles; and WHEREAS, the contrast between the charge to U-drive motor vehicles and all other motor vehicles is inequitable as the use of the roads by U-drive motor vehicles tends to be as intense, if not more than, all other motor vehicles; and WHEREAS, amending this subsection to allow counties to collect the same fee from all motor vehicles, including U-drive motor vehicles, would equally distribute the costs associated with highway beautification and disposal of abandoned and derelict vehicles; now therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUA`I, STATE OF HAWAI`I, that it hereby approves the following: 1) That the proposed State bill relating to Registration of Vehicles, which is attached hereto as Exhibit "A," will be included in the 2021 County of Kauai Legislative Package. 2) That the proposed State Bill Relating to Registration of Vehicles, attached hereto as Exhibit "A," be transmitted to the Hawaii State Association of Counties with recommendation for inclusion in the 2021 Hawaii State Association of Counties Legislative Package. BE IT FINALLY RESOLVED, that a certified copy of this Resolution shall be transmitted to the President of the HSAC Executive Committee. Introduced by: '40� MASON K. CHOCK zf6l�- LUKE A. EVSLIN V:\RESOLUTIONS\2018-2020 TERM\HSAC Leg Pkg U-drive MC_LE_CNTjy.docx Z(e Pay ftcuseb 3Retugeb J8run X� 4Cbock X Cobiben X ftglin X Ragabia X Rancobiro X Ruali`i X Total 6 0 1 0 Certificate Of 21boption Ve berebp certifp that 3 egoiution .43a. 2020-40 boas abopteb by the Council of the QCountp of Raua`i, btate of -A)abjai`i, llibu`e, Raua`i, 31qab3ai`i, on September 9, 2020 Countp Clerk �Dateb September 9, 2020 aw.,PNA4w.. QCbairm & Pregibing Officer 'Beginning with the March 11, 2020 Council Meeting and until further notice, Councilmember Arthur Brun will not be present due to U.S. v. Arthur Brun et al., Cr. No. 20-00024-DKW (United States District Court), and therefore will be noted as excused (i.e., not present). Exhibit A .B. NO. JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties (HSAC) & County of Kauai TITLE: Bill For An Act Relating To Registration Of Vehicles PURPOSE: The proposed bill establishes a new fee to be paid by U-drive motor vehicles for each certificate of registration, which has the effect of assessing all motor vehicles (including U-drive motor vehicles) the same amount for beautification and costs related to the disposition of abandoned or derelict vehicles. MEANS: Amends Chapter 286-51 of the Hawaii Revised Statutes (HRS) JUSTIFICATION: HRS Chapter 286-51 states that the Director of Finance of each County may collect an additional fee of not more than one dollar ($1) for each certificate of registration for a U-drive motor vehicle, but may collect up to ten dollars ($10) for each certificate of registration for motor vehicles other than U-drive motor vehicles. The moneys collected are placed in a revolving fund for the purpose of highway beautification and the disposal of abandoned or derelict vehicles. The contrast between the charge to U-drive motor vehicles and other motor vehicles is inequitable as the use of the roads by U-drive motor vehicles tends to be as intense, if not more than, all other motor vehicles. Amending this subsection to allow Counties to collect the same fee from all motor vehicles, including U-drive motor vehicles, would equally distribute the costs associated with highway beautification and disposal of abandoned and derelict vehicles. Exhibit A THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII .B. NO. A BILL FOR AN ACT RELATING TO REGISTRATION OF VEHICLES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAI`I: 1 SECTION 1. Chapter 286-51, Hawai`i Revised Statutes, is amended by 2 amending subsection (b) to read as follows: 3 "(b) This part shall be administered by the director of finance in 4 conjunction with the requirements of sections 249-1 to 249-13 and shall entail no 5 additional expense or charge to the person registering the ownership of a motor 6 vehicle other than as provided by this section or by other laws; provided that for 7 each new certificate of ownership issued by the director of finance under 8 section 286-52, the director of finance may charge a fee which shall be deposited in 9 the general fund. The fees charged to issue a new certificate of ownership shall be 10 established by the county's legislative body. 11 Notwithstanding any other law to the contrary, an additional fee of not more 12 than [ j $2 for 13 each certificate of registration for all [ether-] motor vehicles may be established by 14 ordinance and collected annually by the director of finance of each county, to be 15 used and administered by each county: Exhibit A .B. NO. 1 (1) For the purpose of beautification and other related activities of 2 highways under the ownership, control, and jurisdiction of each county; and 3 (2) To defray the additional cost in the disposition and other related 4 activities of abandoned or derelict vehicles as prescribed in chapter 290. For the 5 purposes of this paragraph, other related activities shall include but need not be 6 limited to any and all storage fees that are negotiated between each county and a 7 towing company contracted by the county to remove and dispose of abandoned or 8 derelict vehicles. 9 The $2 fee established pursuant to this subsection for certificates of 10 registration for all motor vehicles [other—tmoo drive be meter vehieles] may 11 increased by ordinance up to a maximum of $10; provided that all amounts received 12 from any fee increase over $2 shall be expended only for the purposes of paragraph 13 (2). The moneys so assessed and collected shall be placed in a revolving fund 14 entitled, "the highway beautification and disposal of abandoned or derelict vehicles 15 revolving fund." 16 SECTION 2. Statutory material to be repealed is bracketed and 17 stricken. New statutory material is underscored. 18 SECTION 3. This Act shall take effect upon its approval. 19 20 21 INTRODUCED BY: Exhibit A .B. NO. Report Title: Motor Vehicle Registration; Registration expense; establish new fee for U-drive motor vehicles. Description: Establishes a new fee to be paid by U-drive motor vehicles for each certificate of registration, which has the effect of assessing all motor vehicles (including U-drive motor vehicles) the same amount for beautification and costs related to the disposition of abandoned or derelict vehicles.