Bill Text: HI HB2556 | 2020 | Regular Session | Introduced
Bill Title: Relating To Vehicles.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Engrossed - Dead) 2020-03-16 - The hearing on this measure has been cancelled until further notice. [HB2556 Detail]
Download: Hawaii-2020-HB2556-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2556 |
|
THIRTIETH LEGISLATURE, 2020 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO VEHICLES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that abandoned vehicles on public roads are a widespread environmental concern that adversely impacts human health and safety. Existing laws allow motor vehicle owners to abandon their vehicles with impunity. In recent years the number of abandoned vehicles have appeared to be increasing exponentially.
The legislature further finds that the counties, who are primarily responsible for the disposition of abandoned vehicles, are being overwhelmed by the problematic retrieval, custody, storage, and disposition of abandoned vehicles. Accordingly, the purpose of this Act is to:
(1) Authorize the county directors of finance to withhold the issuance or renewal of a certificates of registration until the county is reimbursed for all costs relating to the disposition of the abandoned vehicle;
(2) Make it a misdemeanor, with a $250 to $500 fine, if a person abandons any vehicle on any public or private roadway or any property without the consent of the owner;
(3) Require the court to report the conviction to the county director of finance, who may proceed to prohibit the person from operating a vehicle; and
(4) Authorize the county to assess and collect fees, fines, and penalties for actions relating to the disposition of abandoned vehicles.
SECTION 2. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§286- Abandoned
vehicles; withholding of certificate of registration; rules. (a)
Notwithstanding any provision of this chapter to the contrary, the director
of finance of a county may withhold the issuance or renewal of a certificate of
registration for a vehicle pursuant to section 290-1(d).
(b) The county director of finance may adopt rules pursuant to chapter 91 for purposes of this section."
SECTION 3. Chapter 290, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§290- Abandonment
of vehicle; misdemeanor; revocation of driver's license; registration
prohibition; fines. Notwithstanding
section 290-45, or any provision of law to the contrary, any person who
abandons any vehicle on any public or private roadway or upon any property
without the permission of the owner or lessee of the property shall be guilty
of a misdemeanor and shall be fined $250 for the first offense and $500 for
each offense thereafter. The court with
competent jurisdiction shall report the conviction to the appropriate county
director of finance, who may proceed to take any and all actions to prohibit the
person from operating a vehicle, including the revocation of the violator's driver's
license for a period not to exceed three months or the prohibition of the
registration of any other vehicle owned by the violator for a period not to exceed
one year, or both.
§290- Rules. The county agency designated by the mayor
to carry out the functions and requirements of section 290-1 may adopt rules,
pursuant to chapter 91, for purposes of this chapter, including the assessment
and collection of fees, fines, and penalties relating to the towing, storage,
processing, and disposal of abandoned vehicles, including those vehicles deemed
to be derelict vehicles."
SECTION 4. Section 290-1, Hawaii Revised Statutes, is amended to read as follows:
"§290-1 Disposition by counties of certain abandoned
vehicles[.]; witholding of certificate of registration. (a) The counties shall cause vehicles that have
been abandoned to be taken into custody within ten business days of
abandonment. For the purposes of this
subsection, a vehicle is "abandoned" if it is defined to be abandoned
by an ordinance of the county in which the vehicle is located. In the absence of such an ordinance, a
vehicle is "abandoned" if it is left unattended for a continuous
period of more than twenty-four hours and it is unlawfully parked on any public
highway or road or other public property or private lands defined as a
setback, shoulder, easement, or right of way that is adjacent to or part of a
public highway[.] or road.
The mayors of the several counties may designate an agency within their
counties to carry out the functions and requirements of this section. For the purposes of this subsection,
"agency" means any office, department, or other governmental unit of
the county.
(b) The
(c) At the request of the landowner, a county may cause vehicles to be taken into custody and disposed of that have been abandoned on roads for which dedication to the State or county is pending. For purposes of this subsection, a vehicle is deemed abandoned if it is left unattended for a continuous period of more than twenty-four hours after a notice is conspicuously posted on the vehicle stating that the vehicle is subject to disposal pursuant to this subsection.
(d) Notwithstanding any law to the contrary, if the county agency designated to carry out the functions and requirements of this section determines that a vehicle has been abandoned, the director of finance of the county where the vehicle is to be operated may withhold the issuance of any certificate of registration for any vehicle until the county is reimbursed for all costs, charges, and fines relating to the disposition of the abandoned vehicle, including for costs related to towing, storage, processing, and disposal charges."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Abandoned Vehicles; Withholding of Registration; Revocation of License; Penalties and Fines
Description:
Authorizes the withholding and revocation of vehicle registrations and driver's licenses for those who abandon a vehicle under specified conditions. Authorizes the assessment and collection of charges relating to abandoned and derelict vehicles.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
