STAND. COM. REP. NO. 404-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2915

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 2915 entitled:

"A BILL FOR AN ACT RELATING TO MOTOR VEHICLES,"

begs leave to report as follows:

The purpose of this bill is to preserve the beauty of Hawaii and improve the safety of communities by providing a mechanism for immediate removal of derelict vehicles left on public and private property. Among other things, this bill:

(1) Allows counties and the Housing and Community Development Corporation of Hawaii (HCDCH) to:

(A) Remove derelict vehicles from public property immediately without need to post notice;

(B) Remove derelict vehicles from private property immediately when asked by a property owner, at no cost to the property owner, and without need to post notice; and

(C) Seek reimbursement for removal of the derelict vehicle from the current registered and legal owner of the removed vehicle.

and;

(2) Appropriates moneys out of the State Highway Fund as grants-in-aid to the Counties of Hawaii, Maui, and Kauai, and the City and County of Honolulu, for the removal of derelict vehicles.

A councilmember from the Hawaii County Council and the Representative from the 35th House District testified in support of this measure. The Department of Transportation supported the intent of this measure but opposed the funding mechanism. The Department of Customer Services of the City and County of Honolulu (DCS) opposed this measure.

Concerns have been raised regarding the growing number of abandoned and derelict vehicles on public roadways and private property throughout communities in the State. This not only destroys the beauty of our island state but can become a safety issue as more and more of these abandoned and derelict vehicles are being used for illegal activities.

Although agreeing that something needs to be done to combat the proliferation of derelict vehicles in our neighborhoods, your Committee realizes that moneys in the State Highway Fund can only pay for costs of operating, maintaining, and repairing the State Highway System and cannot be used for the purposes specified in this measure. Your Committee also concurs with the concerns raised by DCS regarding the liability and legal issues of entering private property.

Accordingly, your Committee has amended this measure by:

(1) Limiting the removal of vehicles to those left on public highways or other public property, or property owned, managed, or operated by HCDCH;

(2) Removing language appropriating funds in the form of grants-in-aid from the State Highway Fund; and

(3) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2915, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2915, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Transportation,

 

____________________________

JOSEPH M. SOUKI, Chair