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HomeMy WebLinkAboutRES 240 Draft 01 2020-2022 J�tV Of h!+` ,ffJg,, HAWAPISTATE OF HAWAPI i �of a► 3 I RESOLUTION NO. 240 21I A RESOLUTION APPROVING A STATE BILL RELATING TO REGISTRATION OF VEHICLES FOR INCLUSION IN THE 2022 AWAI`I STATE ASSOCIATION OF i COUNTIES LEGISLATIVE PACKAGE. 3 WHEREAS,the Hawaii State Association of Counties (HSAC) Executive Committee i requests all Counties to approve proposals to be included in the 2022 HSAC Legislative I Package; and WHEREAS, some individuals and entities within each county intentionally abandon vehicles on roads and highways; and WHEREAS, counties are left with the responsibility and costs associated with towing abandoned and/or derelict vehicles; and WHEREAS, the current ten dollar cap on highway beautification fees that go into a revolving fund used for supporting the disposal of these abandoned and/or derelict vehicles is not insufficient to cover these costs; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it approves a state bill removing the ten dollar cap on fee for the 2022 Hawaii State Association of Counties Legislative Package, as attached hereto and labeled Exhibit A. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the President of the HSAC Executive Committee, the Honorable Mayor Mitchell D. Roth, and Director of Finance Deanna Sako. Dated at Kona , Hawai`i, this 20th day of October , 2021 . INTRODUCED BY: 144,)61140ASUCA OUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawai`i CHUNG X DAVID X I hereby certify that the foregoing RESOLUTION was by INABA X the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawai`i on October 20, 2021 KANEALI`I-KLEINFELDER X KIERKIEWICZ X KIMBALL X ATTEST: LEE LOY X RICHARDS X VILLEGAS X 441,0 9 0 0 0 Reference: C-440/Waived GOREDC COUN I'Y CLE -r"."1 • RPE'' _! "1 i ING OFFICER RESOLUTION NO. 240 21 2 i I s i Justification for Proposed Bill for an Act Relating to Registration of Vehicles Abandoned and derelict vehicles are a widespread problem in Hawaii, which increasingly impacting our quality of life, environment, public health and safety. The increasing number of abandoned and derelict vehicles the costs related to the removal and disposition of the vehicles are an increasing challenge for the counties. The proposed bill removes the $10 cap on fee for the highway beautification and disposal of abandoned or derelict vehicles revolving fund. Background Due to the volume of abandoned vehicles and the number of complaints, it sometimes takes up to 45 days for the posting, towing and disposal of an abandoned vehicle. The County of Kauai, as an example, in 2017, received 1,119 reported abandoned/derelict vehicles (834 abandoned/365 derelict). In FY 2019, Kauai Police Department had 653 vehicles towed and had more than 270 pending complaints. The costs relating to abandoned/derelict vehicles continue to grow. During 2017, the { department handled the removal of 404 abandoned and derelict vehicles, 498 in 2018. Kauai taxpayers paid more than $411,000 for the handling and disposal of abandoned and derelict vehicles in 2017; $423,000 in 2018; and $419,999 for the period up until September 2019. In 2020, the County of Kauai testified that the Kauai Police Department has a difficult time enforcing the collection of outstanding towing and related costs. The testimony further pointed out that many offenders, who litter the island with vehicles, regularly transfer and register vehicles. County needs authority to levy and collect all charges related to towing, removal, and disposal of abandoned and derelict vehicles, including the authority to deny recurring offenders from transferring and/or registering vehicles unless their outstanding charges have been paid. Because of the greater number of registered vehicles in some of the counties, the $10 cap is sufficient. However, removing the cap considers the varying conditions in different counties; storage space, recycling facilities, administrative services. 3 i i i EXHIBIT A i I i I REVISED: IST DRAFT DATE: i . A BILL FOR AN ACT i RELATING TO MOTOR VEHICLE REGISTRATION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1 . Section 286-51, Hawaii Revised Statutes, is 2 amended by amending subsection (b) to read as follows : 3 " (b) This part shall be administered by the director of 4 finance in conjunction with the requirements of sections 249-1 5 to 249-13 and shall entail no additional expense or charge to 6 the person registering the ownership of a motor vehicle other 7 than as provided by this section or by other laws; provided that 8 for each new certificate of ownership issued by the director of 9 finance under section 286-52, the director of finance may charge 10 a fee which shall be deposited in the general fund. The fees 11 charged to issue a new certificate of ownership shall be 12 established by the county' s legislative body. 13 Notwithstanding any other law to the contrary, an 14 additional fee of not more than $1 for each certificate of 15 registration for a U-drive motor vehicle and $2 for each 16 certificate of registration for all other motor vehicles may be 17 established by ordinance and collected annually by the director XXX-00 (12) 1 { { I I i Page 2 B . N 04' i I i� t 1 of finance of each county, to be used and administered by each 2 county: i 3 (1) For the purpose of beautification and other related i i 4 activities of highways under the ownership, control, j 5 and jurisdiction of each county; and I! !E I 6 (2) To defray the additional cost in the disposition and 7 other related activities of abandoned or derelict 8 vehicles as prescribed in chapter 290 . For the 9 purposes of this paragraph, other related activities 10 shall include but need not be limited to any and all 11 storage fees that are negotiated between each county 12 and a towing company contracted by the county to 13 remove and dispose of abandoned or derelict vehicles . 14 The $2 fee established pursuant to this subsection for 15 certificates of registration for motor vehicles other than U- 16 drive motor vehicles may be increased by ordinance [itp 4�e—a 17 fftaHifffi:L— -ef $!G] ; provided that all amounts received from any fee 18 increase over $2 shall be expended only for the purposes of 19 paragraph (2) . The moneys so assessed and collected shall be 20 placed in a revolving fund entitled, "the highway beautification 21 and disposal of abandoned or derelict vehicles revolving fund" . " XXX-00 (12) Page 3 N U` B . 1 SEC'T'ION 2 . Statutory material to be repealed is bracketed 2 and stricken. I 3 SECTION 3 . This Act shall take effect upon its approval. I 4 i 5 3 6 7 8 IN`T'RODUCED BY 9 BY REQUEST XXX-00 (12)