HOUSE OF REPRESENTATIVES

H.B. NO.

433

THIRTIETH LEGISLATURE, 2019

 

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.  Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

     "§286‑    Waiver of penalties and registration fees; transferred vehicles' registration fees and penalties.  (a)  When a transferee or purchaser of a vehicle applies for transfer of registration, as provided in this part, and it is determined by the county director of finance that registration penalties under this chapter accrued prior to the purchase of the vehicle, and that the transferee or purchaser had no knowledge of the nonpayment of the registration fees for the current or prior registration years, the county director of finance may waive the registration penalties upon payment of the registration fees then due.

     (b)  The provisions of this chapter notwithstanding, each county director of finance may, at their discretion, investigate into the circumstances of any application for registration to ascertain if penalties had accrued through no fault or intent of the owner.  If the county director of finance determines that the circumstances justify it, the county director of finance may waive any penalties upon payment of the registration fees then due.

     (c)  When a transferee or purchaser of a vehicle applies for transfer of registration, and it is determined by the county director of finance that the vehicle's registration fees for any year are unpaid and due, that the fees became due prior to the transfer or purchase of the vehicle to the transferee or purchaser, and that the transferee or purchaser had no knowledge of the fact that the fees were unpaid and due, then the county director of finance may waive the fees and any penalty thereon if the license plate assigned to the vehicle displays a tag or emblem issued by the county director of finance that reflects the year number of the registration year for which the transferee or purchaser is requesting a waiver of fees and penalties.

     (d)  Upon the transfer of a vehicle for which registration fees and any penalties thereon are unpaid and due, the fees and penalties are, notwithstanding the provisions of this chapter, the personal debt of the transferor of the vehicle who did not pay the fees and penalties when they became due or accrued.  The fees and penalties may be collected by the county director of finance in an appropriate civil action against the transferor if the county director of finance has waived the fees and penalties pursuant to subsection (c)."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Department of Motor Vehicles; Registration Transfer; Unpaid Fees and Penalties; Waiver

 

Description:

Provides, under certain circumstances, amnesty for used car purchasers from paying unpaid vehicle registration fees or penalties if the purchaser had no knowledge of the delinquent fees or penalties upon the purchase of the vehicle.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.