HOUSE OF REPRESENTATIVES

H.B. NO.

2442

TWENTY-NINTH LEGISLATURE, 2018

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ABANDONED 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 disaster that can impact human health and safety.

The purpose of this Act is to require the counties to remove and dispose of abandoned vehicles on public roads within ten business days.

SECTION 2. Section 290-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The counties [may] shall cause vehicles that have been abandoned to be taken into custody and disposed of[.] 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 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. The mayors of the several counties may designate an agency within their counties to carry out the functions and requirements of this section. The term "agency" means any office, department, or other governmental unit of the county."

SECTION 3. Section 290-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Upon taking custody of any abandoned vehicle, [a written notice shall immediately be sent by registered or certified mail to the legal and registered owner of the vehicle at the address on record at the vehicle licensing division. The notice shall contain a brief description of the vehicle, the location of custody, and intended disposition of the vehicle if not repossessed within ten days after the mailing of the notice, or in the case where the address of the registered owner on record at the vehicle licensing division is an out-of-state address, within twenty business days after the mailing of the notice. A notice need not be sent to a legal or registered owner or any person with an unrecorded interest in the vehicle whose name or address cannot be determined. Absent evidence to the contrary, a notice shall be deemed received by the legal or registered owner five days after the mailing.] the agency designated by the mayor to carry out the functions and requirements of this section shall give the legal and registered owner of the vehicle twenty business days to claim the vehicle, unless the vehicle is reported as stolen."

SECTION 4. Section 290-5, Hawaii Revised Statutes, is amended to read as follows:

"290-5 Waiver of public auction requirements. The requirements of public auction may be waived [when the value of any vehicle is less than $1,000 as determined by the director of finance or authorized representative or the vehicle is:

(1) Missing major components or so materially damaged as to render the vehicle inoperable; and

(2) The registration period has expired for the vehicle.]

by the agency designated by the mayor. In that event, the vehicle, after public advertisement has been made pursuant to section 1-28.5, may be disposed of in the same manner as when a vehicle is put up for public auction and for which no bid is received."

SECTION 5. Section 290-9, Hawaii Revised Statutes, is amended to read as follows:

"[[]290-9[]] Disposition of derelict vehicle. A derelict vehicle may be immediately disposed of or sold as junk without having to comply with the requirements of [section] sections 290-2 and 290-5. If there is no current registration for the vehicle, it shall be considered derelict."

SECTION 6. The department of transportation shall adopt rules pursuant to chapter 91 necessary to carry out the purposes of this chapter.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2050.



 

Report Title:

Abandoned Vehicles; Removal and Disposal; Counties; Public Roads; Derelict Vehicles

 

Description:

Requires the counties to remove and dispose of abandoned vehicles on public roads within ten business days. Removes the requirement of written notice to the legal and registered owner. Requires the counties to, upon custody, give the legal and registered owner of the vehicle twenty business days to claim the vehicle, unless the vehicle is reported as stolen. Allows the counties to waive the requirement to dispose of the vehicle via public auction. Specifies that if there is no current registration for the vehicle, it is considered "derelict". (HB2442 HD1)

 

 

 

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