Bill Text: HI SB1297 | 2019 | Regular Session | Amended


Bill Title: Relating To Motor Vehicles.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2019-04-26 - Conference committee meeting to reconvene on 04-26-19 1:30PM in conference room 225. [SB1297 Detail]

Download: Hawaii-2019-SB1297-Amended.html

THE SENATE

S.B. NO.

1297

THIRTIETH LEGISLATURE, 2019

S.D. 2

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO MOTOR VEHICLES.

 

 

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

 


     SECTION 1.  Section 286-41, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Application for the registration of a vehicle shall be made upon the appropriate form furnished by the director of finance and shall [contain the] include:

     (1)  The name, occupation, [and] address of residence, driver's license number, phone number, and emergency contact of the owner and legal owner; and, if the applicant is a member of the United States naval or military forces, the applicant shall give the organization and station[.]; or

     (2)  If the applicant is a licensed automobile dealership or car rental company in the State, the name, business address, phone number, and state tax identification number of the licensed automobile dealership or car rental company.

All applications shall also contain a description of the vehicle, including the name of the maker, the type of fuel for the use of which it is adapted (e.g., gasoline, diesel oil, liquefied petroleum gas), the serial or motor number, and the date first sold by the manufacturer or dealer, and such further description of the vehicle as is called for in the form, and such other information as may be required by the director of finance, to establish legal ownership.  A person applying for initial registration of a neighborhood electric vehicle shall certify in writing that a notice of the operational restrictions applying to the vehicle as provided in section 291C-134 are contained on a permanent notice attached to or painted on the vehicle in a location that is in clear view of the driver."

     SECTION 2.  Section 290-4, Hawaii Revised Statutes, is amended to read as follows:

     "§290-4  Repossession by person entitled.  [Any] Subject to the requirements set forth in section 290-2, any person entitled to the vehicle may repossess the same prior to the date of public auction upon payment of all towing, handling, storage, appraisal, advertising, and any other expenses incurred in connection with the vehicle[.], including the fine pursuant to section 290-12; provided that if the person claiming the vehicle is the legal or registered owner, the person shall show proof of an up-to-date motor vehicle registration pursuant to section 286-41 and up-to-date motor vehicle insurance coverage prior to repossession.  If the person claiming the vehicle is not the legal or registered owner, the person may repossess the vehicle upon paying the foregoing expenses and posting adequate security not to exceed the value of the vehicle.  The security, if not forfeited, shall be returned two years from receipt."

     SECTION 3.  Section 290-12, Hawaii Revised Statutes, is amended to read as follows:

     "§290-12  Leaving abandoned or derelict vehicles.  The legal or registered owner of an abandoned vehicle, as defined in section 290-1, or a derelict vehicle, as defined in section 290-8, found on any roadway, alley, street, way, lane, trail, bridge, or highway or other public property or on private property without authorization of the owner or occupant shall be fined by the counties not more than $1,000; provided that the legal or registered owner shall not be fined if the abandoned or derelict vehicle has been previously reported stolen or taken from the legal or registered owner without permission or authorization.  The fines collected pursuant to this section shall be deposited into the general fund of the county that collected the fine."

     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 on July 1, 2050.



 

Report Title:

Abandoned Vehicles; Motor Vehicle Registration; Fines

 

Description:

Requires an application for motor vehicle registration to include additional identifying information.  Requires the counties to fine the legal or registered owner of an abandoned or derelict vehicle.  Requires the legal or registered owner to have up-to-date motor vehicle registration and motor vehicle insurance prior to repossession of the abandoned vehicle.  (SB1297 HD1)

 

 

 

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

 

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