HomeMy WebLinkAboutResolution No. 2020-40COUNTY COUNCIL
COUNTY OF KAUA`I
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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:
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MASON K. CHOCK
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LUKE A. EVSLIN
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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.