SENATE FLOOR AMENDMENT


FLOOR AMENDMENT NO.  11                  DATE:  March 9, 1999    

TO:  S.B. No. 425, S.D. 2



     SECTION 1.  Senate Bill No. 425, S.D. 2, is amended as
follows:

     1.  By amending section 1 to read:

     "SECTION 1.  The legislature finds that as the State
struggles with a prolonged fiscal crisis never before experienced
in its history, government must utilize all the resources at its
disposal to ensure that governmental services continue to be
provided.  To this end, the legislature believes that fees
charged by state agencies must be closely scrutinized to
ascertain whether the fee imposed accurately reflects the cost of
providing the services.  The proper aligning of fees charged by
state agencies with moneys expended to provide them will have the
resultant benefit of freeing up state resources for other areas
in need of revenue.  In addition, the legislature finds that
towing companies should be able to collect fees for the cost of
clean-up.
     The purpose of this Act is to increase fees charged by state
agencies to more accurately reflect the cost of providing
governmental services, and to allow towing companies to collect
fees for the cost of clean-up."

     2.  By deleting sections 2 and 3.

     3.  By renumbering sections 4, 5, and 6 of the bill to
sections 2, 3, and 4 of the bill.

     4.  By renumbering and amending section 7 to read as
follows:

     "Section 5.  Section 302A-435, Hawaii Revised Statutes, is
amended to read as follow:

     "[[]�302A-435[]]  Financing adult and community education
program.  The financial support for this program shall be [in
part] one-half from fees collected from students enrolled[,] and
[in part] one-half from public funds appropriated for this
purpose.  Fees shall be set in accordance with the
recommendations of the advisory council, and may be collected
from students regularly enrolled; provided that:

 
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     (1)  Adults registered with the department of labor and
          industrial relations and unemployed shall be granted
          free enrollment in such courses as will tend to assist
          these persons in securing employment;
     (2)  Adults certified by the department of human services as
          indigent may be enrolled on a nonfee basis in classes
          that will tend to assist these persons in becoming
          self-sustaining;
     (3)  Discharged veterans who are entitled to federal
          educational assistance shall be enrolled upon
          authorization of the Department of Veterans Affairs and
          fees shall be charged against federal funds in
          accordance with Department of Veterans Affairs contract
          regulations; and
     (4)  Administrative and supervisory costs, costs of
          instruction, and all other necessary expenses not
          covered by fees and other authorized charges shall be
          paid for out of funds appropriated for this purpose.""

     4.  By adding new sections 6 and 7 to read as follows:

     "SECTION 6.  Section 291C-165.5, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:

     "(b)  The towing company shall determine the name of the
lien holder and the registered owner of the vehicle from the
department of transportation or the county department of finance.
The lien holder and the registered owner shall be notified by the
towing company in writing at the address on record with the
department of transportation or with the county department of
finance by registered or certified mail of the location of the
vehicle, together with a description of the vehicle, within a
reasonable period not to exceed twenty days following the tow.
The notice shall state:
     (1)  The maximum towing charges and fees allowed by law;
     (2)  The telephone number of the county finance department
          that arranged for or authorized the tow; and
     (3)  That if the vehicle is not recovered within thirty days
          after the mailing of the notice, the vehicle shall be
          deemed abandoned and will be sold or disposed of as
          junk.
When the vehicle is recovered after the tow by the registered
owner or lien holder, the party recovering the vehicle shall pay
the tow and storage charges which shall not exceed the charges as
provided by section 290-11(b) or the rates agreed upon with the
respective counties, whichever is lower, except that tow
operators may charge additional reasonable amounts for
[excavating] recovering vehicles from off-road locations[;] and
up to $25 for road clean-up if, pursuant to an agreement with the
respective counties, the towing company is required to clean and
clear the roadway and, in cases of spills or leaks, provide,

 
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apply, and remove absorbent material; provided that if the notice
required by this section was not sent within twenty days after
the tow, neither the registered owner nor the lien holder shall
be required to pay the tow and storage charges.  No notice shall
be sent to a legal or registered owner or any person with any
unrecorded interest in the vehicle whose name or address cannot
be determined.  A person who has been charged in excess of the
charges permitted under this section may sue for damages
sustained, and, if the judgment is for the plaintiff, the court
shall award the plaintiff a sum not to exceed the amount of these
damages and reasonable attorney's fees together with the cost of
the suit."

     SECTION 7.  Act 138, Session Laws of Hawaii 1998, is amended
by amending section 3 to read as follows:

     "SECTION 3.  This Act shall take effect upon its approval[;
provided that the amendment set forth in Section 1 shall take
effect on September 1, 1998, and shall be repealed on July 1,
2000].""



Offered by:_____________________       (    ) Carried

                                       (    ) Failed to Carry

                                       (    ) Withdrawn