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Home My WebLink AboutBIL 182 Draft 01 2022-2024 AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 4, SECTION 24-17 AND SECTION 24-19, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO AN EXEMPTION FROM CERTAIN MOTOR VEHICLE TAXES AND FEES FOR VEHICLES USED BY POLICE OFFICERS IN THEIR OFFICIAL DUTIES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I: SECTION 1. Purpose. The purpose of this ordinance is to memorialize a County exemption on motor vehicle taxes and fees consistent with Sections 249-4 and 249-31, Hawai‘i Revised Statutes, relating to certain exemptions for motor vehicles owned or leased for twelve months or longer by the State or any county and for motor vehicles owned or leased for twelve months or longer by police officers who use their vehicles in the performance of their duties. SECTION 2. Chapter 24, article 4, section 24-17, of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended to read as follows: “Section 24-17. Motor vehicle tax; computation. Except as otherwise provided in sections 249-1 through 249-13 of the Hawai‘i Revised Statutes, all vehicles and motor vehicles, as defined in section 249-1 of the Hawai‘i Revised Statutes, located in the County at the time of registration, shall be subject to an annual tax computed according to the net weight of each vehicle in the manner provided in this section. The tax shall become due and payable on an annual basis, as billed by the department of finance. The tax shall be paid by the owner of each vehicle and collected by the director of finance. If any vehicle is transported into the County after the payment of the tax, no additional tax shall be imposed on that vehicle for the remaining period of the year for which such tax has been paid. (a) The rate for motor vehicles designed primarily for carrying passengers shall be 1 and 1/4 cent per pound of the net weight of such vehicle. This category shall include buses, ambulances, and hearses. (b) The rate for trucks or noncommercial motor vehicles having a net weight of six thousand five hundred pounds or less and certified as noncommercial shall be 1 and 1/4 cent per pound of the net weight of such vehicles. (1) The owner of a truck or noncommercial motor vehicle who desires to have the vehicle tax at the passenger rate shall file a form furnished by the director of finance certifying that the truck or noncommercial motor vehicle is not being and will not be operated for compensation or for commercial purposes. (2) Where the vehicle is currently registered as a commercial vehicle and the owner wishes to reclassify the vehicle as noncommercial, the owner shall: (A) File a form furnished by the director of finance certifying that the vehicle is not being and will not be operated for compensation or for commercial purposes; (B) Surrender the vehicle’s current certificate of registration and license plates; and (C) Pay a license fee of $5.50 for the passenger vehicle license plates and emblem. (c) The rate for trucks or nonpassenger vehicles used for compensation or commercial purposes or having a net weight of over six thousand five hundred pounds shall be 2 and 1/2 cents per pound for such vehicle. This category includes trucks, truck-tractors and road tractors, trailers, and semi-trailers. (d) Any person who is totally disabled due to injuries received while on duty with the armed forces of the United States may apply for an exemption from the County motor vehicle weight tax, including minimum tax under section 24-18, for a single noncommercial vehicle, subject to proof of total service related disability from the Veterans Administration and approval by the director of finance. (e) All motor vehicles owned or leased for twelve months or longer by the State or County and all County-subsidized motor vehicles owned or leased for twelve months or longer by police officers that are used for travel by the owner or lessee for official County business shall be exempt from this section, pursuant to section 249-4 of the Hawai‘i Revised Statutes.” SECTION 3. Chapter 24, article 4, section 24-19, of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended to read as follows: “Section 24-19. Vehicle registration fees. (a) The fee for issuance for a new series of number plates for vehicles shall be $5. (b) The fee for issuance of a tag or emblem for a vehicle, upon payment of the applicable tax, in any year shall be 50 cents. (c) The fee for replacement of a lost or mutilated number plate or plates, tag, or emblem, shall be as follows: (1) Number plates, $5. (2) Tag or emblem, 50 cents. (d) The transfer of ownership fee for issuance of a new certificate of ownership shall be $5. (e) The transfer fee for issuance of a new certificate of registration on a trailer shall be $5. (f) The fee for dealer correction for each instance of correction of the registration record shall be $5. (g) The fee for duplicate certificate of registration or certificate of ownership shall be $5. (h) A fee of $1 per certificate of registration shall be assessed and collected annually together with other applicable vehicle taxes and fees, to be used for highway beautification and disposal of abandoned vehicles. (i) An annual fee of $12 per vehicle shall be charged for each vehicle registration, which shall be paid at the same time as the motor vehicle tax paid pursuant to section 24-17 of this chapter. The proceeds from this fee shall be allocated to establish a fund for the towing, removal, disposal and recycling of abandoned or discarded automobiles and automobile parts, and such fund entitled “vehicle disposal fund” is hereby established. (j) An annual County registration fee of $12 per vehicle shall be charged for each vehicle registration, which shall be paid at the same time as the motor vehicle tax paid pursuant to section 24-17 of this chapter. (k) Any person who is totally disabled due to injuries received while on duty with the armed forces of the United States may apply for an exemption from subsections (a), (b), (h), (i), and (j) of this section, for a single noncommercial vehicle, subject to proof of total service related disability from the Veterans Administration and approval by the director of finance. (l) All motor vehicles owned or leased for twelve months or longer by the State or County and all County-subsidized motor vehicles owned or leased for twelve months or longer by police officers that are used for travel by the owner or lessee for official County business shall be exempt from subsections (b), (h), (i), and (j) of this section.” SECTION 4. New material is underscored. In printing this ordinance, the underscoring need not be included. SECTION 5. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 6. This ordinance shall take effect upon its approval. INTRODUCED BY: _______________________________________ COUNCIL MEMBER, COUNTY OF HAWAI‘I _______________, Hawai‘i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: