HomeMy WebLinkAboutResolution No. 2020-41COUNTY COUNCIL
COUNTY OF KAUA`I
� C.5OCLIiIOtt�. =o�-41
RESOLUTION APPROVING A STATE BILL RELATING TO
REGISTRATION OF VEHICLES FOR INCLUSION IN THE 2021 COUNTY
OF KAUA`I LEGISLATIVE PACKAGE AND THE 2021 HAWAI`I STATE
ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE
WHEREAS, some individuals and entities within each county intentionally
abandon vehicles on roads and highways; and
WHEREAS, counties are left with the responsibility and costs associated with
towing abandoned and/or derelict vehicles; and
WHEREAS, allowing counties to require the payment of outstanding charges
owed to each respective county as a condition precedent to the renewal or issuance of
Motor Vehicle Certificates of Registration, would greatly assist counties in recovering
outstanding towing expenses; 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, which is
attached hereto as Exhibit "A," be transmitted to the Hawaii State
Association of Counties with a 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:
MASON K. CHOCK
21 -
LUKE A. EVSLIN
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Certificate Of 91boption
lVe berebp certifp that 3 egolution ,moo. 2020-41
brag abopteb by the QCourncil of the QCountp of Raua`i, fptate of
joabjai`i, 17ibu`e, Raua`i, �)aWai`i, on September 9, 2020
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Countp 'Clerk CbairmatAVregibing Officer
�BatebSeptember 9, 2020
*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
.Be NO.
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties (HSAC) & County of Kauai
TITLE: A Bill for an Act Relating to Motor Vehicle Registration
PURPOSE: This proposed Bill for an Act allows the Director of Finance of a
County to require payment of outstanding charges owed to the
County for the towing, removal, or disposal of an abandoned or
derelict vehicle within the County before issuing a Motor Vehicle
Certificate of Registration.
MEANS: Amends Section 286-51 of the Hawaii Revised Statutes (HRS)
JUSTIFICATION: Some individuals and entities intentionally abandon vehicles on
roads and highways, leaving Counties with the responsibility and
expenses of towing the vehicles. Allowing Counties to require the
payment of outstanding charges owed to the Counties for the
towing, removal or disposal of abandoned, or derelict vehicles as
a condition precedent to issuing removals for vehicle
registrations, would greatly assist Counties in recovering
outstanding towing expenses.
hX111b1t A
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAH
B. NO.
BILL FOR AN ACT
RELATING TO REGISTRATION OF VEHICLES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAI`I:
1 SECTION 1. The legislature finds that some individuals
2 and entities intentionally abandon vehicles on roads and
3 highways throughout the State, and that it is difficult for the
4 counties to recoup the costs of towing and disposal. The
5 legislature finds that if the counties were able to require that
6 the costs of towing and disposal are paid as a condition
7 precedent to registration of vehicles that the counties would
8 have an easier time recouping their costs.
9 SECTION 2. Section 286-51, Hawaii Revised Statutes,
10
11
12
13
14
15
16
17
18
19
is amended by amending subsection (a) to read as follows:
(a) The certificate of registration for each motor vehicle
in the counties of the State shall be renewed on a staggered
basis as established by each county. The director of finance of
each county may adopt rules to carry out the purposes stated in
this section and shall expend the necessary funds from the
director's operating funds as may be necessary for these
purposes; provided that the director of finance, if the director
has ascertained as of the date of the application that the
registered owner has not deposited or paid bail with respect to
hXh1b1t A
.B. NO.
1 any summons or citation issued to the registered owner for
2 stopping,
standing, or parking
in violation of traffic
3 ordinances
within the county, or has
outstanding charges owed to
4 the county
for the towing, removal,
or disposal of an abandoned
5
or derelict
vehicle within the county,
may
require, as a
6
condition precedent to the renewal, that
the
registered owner
7
deposit or
pay bail with respect to all
such
summonses, [er-]
8
citations,
or outstanding charges. The
certificates of
9
registration
issued hereunder shall show,
in
addition to all
10
information
required under section 286-47,
the
serial number of
11
the tag or
emblem and shall be valid during
the registration
12
year only
for which they are issued.
The
certificates of
13
ownership need not be renewed annually but shall
remain valid
as
14
to any interest shown therein until canceled by
the director
of
15
finance as provided by law or replaced by new
certificates
of
16
ownership as hereinafter provided.
17
SECTION 3. Section 286-52, Hawaii Revised Statutes,
is
18
amended by amending subsection (c) to read as follows:
19
(c) Subsection (b), requiring a transferee
to forward
the
20
certificate of ownership after endorsement to
the director
of
21
finance, shall
not apply to
the
transferee of a vehicle who
was
22
not intending
to and does
not
drive the vehicle or permit
the
23 vehicle to be driven upon the public highways, but every such
Exhibit A
B. NO.
1 transferee,
upon
transferring
the
transferee's
interest or title
2 to another,
shall
give notice
of
the transfer
to the director of
3 finance and endorse the certificate of ownership to the new
4 legal owner and the certificate of registration to the new
5 owner; provided that if the director of finance has ascertained
6 as of the date of the application that the registered owner has
7 not deposited or paid bail with respect to any summons or
8 citation issued to the registered owner for stopping, standing,
9 or parking in violation of traffic ordinances within the county,
10 or has outstandina charaes owed to the countv for the towing,
11 removal, or disposal of an abandoned or derelict vehicle within
12
the county, the
director may require,
as a condition precedent
13
to the transfer,
that the registered
owner deposit or pay bail
14
with respect to
all such summons, [ems]
citations, or outstanding
15 charges
16 SECTION 4. Statutory material to be repealed is
17 bracketed and stricken. New statutory material is underscored.
18 SECTION 5. This Act shall take effect on July 1, 2020.
19
20 INTRODUCED BY:
21
Exhibit A
.B. NO.
Report Title:
Motor Vehicle Registration; Director of Finance; Outstanding
Charges
Description:
Allows the director of finance of a county to require payment of
outstanding charges owed to the county for the towing, removal,
or disposal of an abandoned or derelict vehicle within the
county before issuing a motor vehicle certificate of
registration.
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.