Report Title:

Derelict Vehicles; Removal

Description:

Allows counties & HCDC of Hawaii to (1) remove derelict vehicles from private/public property immediately, at no cost to private property owners, who must first ask for removal, without need to post notice; (2) seek payment from vehicles' registered owners. Appropriates grant-in-aid from highway fund to counties.

HOUSE OF REPRESENTATIVES

H.B. NO.

2915

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to motor vehicles.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 290-8, Hawaii Revised Statutes, is amended to read as follows:

"§290-8 Derelict vehicle. (a) A vehicle shall be deemed a derelict by the administrative head of the county agency designated to carry out section 290-1, in the case of a vehicle that has been left on any public highway or other public property or on private property, or by the executive director or a representative of the director of the housing and community development corporation of Hawaii, in the case of a vehicle [which] that has been [abandoned] left on property owned, managed, or administered by the corporation, if major parts have been removed or material damage to the vehicle has rendered the vehicle inoperable and one of the following conditions exists:

(1) The vehicle is registered for the current registration period and the registered and legal owners no longer reside at the addresses on record with the county director of finance;

(2) The vehicle has been registered for the current or previous registration period and the registered and legal owners disclaim ownership;

(3) The vehicle identification number and license plates have been removed so as to nullify efforts to locate or identify the current registered and legal owners;

(4) The vehicle has not been registered for the current or previous registration periods;

(5) The vehicle registration records of the county director of finance contain no record that the vehicle has ever been registered in the county; or

(6) The vehicle is ten model years old or older.

(b) Prior to authorizing the removal of a derelict vehicle, the administrative head of the county agency designated to carry out section 290-1, in the case of a derelict vehicle that has been left on any public highway or other public property or on private property, or the executive director or a representative of the director of the housing and community development corporation of Hawaii, in the case of [vehicles which have] a derelict vehicle that has been [abandoned] left on property owned, managed, or operated by the corporation, shall notify the county chief of police only if the vehicle is reported stolen or otherwise needed for police investigation.

(c) For derelict vehicles that have been left on:

(1) Public highways or on public property or on private property; or

(2) Property owned, managed, or operated by the housing and community development corporation of Hawaii,

the administrative head of the county agency designated to carry out section 290-1, in the case under paragraph (1), or the executive director or a representative of the director of the housing and community development corporation of Hawaii, in the case of paragraph (2), may remove the derelict vehicles immediately. The owner of any private property on which a derelict vehicle has been left shall initiate the process of removal by requesting the appropriate administrative head of the county agency designated to carry out section 290-1 to remove the derelict vehicle. The same owner of private property shall not be required to pay for the cost of removal. Whenever possible, the administrative head of the county agency or the executive director or a representative of the director of the housing and community development corporation of Hawaii shall seek reimbursement from the current registered and legal owners of the removed vehicle.

(d) A derelict vehicle under this section may be removed immediately, without the necessity of posting any notice on the vehicle to the effect that the vehicle is subject to removal."

SECTION 2. There is appropriated out of the state highway fund under section 248-9, Hawaii Revised Statutes, the sum of $        , or so much thereof as may be necessary for fiscal year 2004-2005, as grants-in-aid pursuant to section 42F, Hawaii Revised Statutes, to the counties of Hawaii, Kauai, and Maui, and the city and county of Honolulu, for the removal of derelict vehicles under section 290-8, Hawaii Revised Statutes, as follows:

Hawaii county $     

City and county of Honolulu $     

Kauai county $     

Maui county $     

SECTION 3. The sums appropriated shall be expended by the administrative heads of the respective county agencies designated to carry out section 290-1, Hawaii Revised Statutes, for the purposes of this Act.

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval, except that sections 2 and 3 shall take effect on July 1, 2004.

INTRODUCED BY:

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