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Home My WebLink AboutBIL 085 Draft 01 2012-2014 ,OJNtY OF h ,. COUNTY OF HAWAII - STATE OF HAWAII . ATE Gf•M.� BILL NO. 85 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 4, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FEES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The purpose of this measure is to increase Highway Fund revenue to support road and transportation operations; to make the County of Hawai`i's fees more consistent with other counties; and to better reflect the costs associated with operations of the Vehicle Registration and Licensing Division. SECTION 2. Chapter 24, Article 4, Section 24-17, Motor vehicle tax; computation, Hawai'i County Code 1983 (2005 edition, as amended), is amended by revising the existing item 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 [3/1 of a] 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 [3/1 of a] 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] 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. SECTION 3. Chapter 24, Article 4, Section 24-18, Motor vehicle tax; minimum tax; penalties for delinquency, Hawai'i County Code 1983 (2005 edition, as amended), is amended by revising the existing item as follows: Section 24-18. Motor vehicle tax; minimum tax; penalties for delinquency. (a) The minimum tax assessed under section 24-17 shall in no case be less than $[6] 12. (b) Effective July 1, 2009, any vehicle weight tax imposed by section 24-17 for any year and not paid when due, shall become delinquent and a penalty of$8 for vehicles taxed at the passenger car rate and $20 for vehicles taxed at the commercial vehicle rate shall be added to, and become a part of, the tax collected. SECTION 4. Chapter 24, Article 4, Section 24-19, Vehicle registration fees, Hawai'i County Code 1983 (2005 edition, as amended), is amended by revising the existing item 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: 2 (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$12 per vehicle shall be charged for each vehicle registration, which shall be paid at the same time as the motor vehicle tax paid pursuant to section 24-17 of this chapter. The proceeds from this fee shall be allocated to establish a fund for the towing, removal, disposal and recycling of abandoned or discarded automobiles and automobile parts, and such fund entitled"vehicle disposal fund" is hereby established. (j) An annual County registration fee of$[5]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. SECTION 5. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. SECTION 6. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall 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 declared to be severable. 3 SECTION 7. This ordinance shall take effect upon its approval; provided that section 2 and section 3 shall take effect on January 1, 2014 and section 4 on October 1, 2013. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENa Comm. 289 4