Hawaii-2020-HB2556-Amended

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 appears to have increased 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 certificate 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 or lessee;

(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 Hawaii public housing authority may cause vehicles that have been abandoned on any public housing property owned, managed, or administered by the Hawaii public housing authority to be taken into custody and disposed of. For the purposes of this subsection, a vehicle is "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 that the vehicle is subject to disposal pursuant to this subsection.

(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 on July 1, 2050.

HOUSE OF REPRESENTATIVES	H.B. NO.	2556
THIRTIETH LEGISLATURE, 2020		H.D. 1
STATE OF HAWAII