Act 147, HB 2503 – Derelict Vehicle; Hawaii Public Housing Administration

Hawaii Acts of the 2006 Legislative Session

HB 2503, Act 147

A BILL FOR AN ACT

RELATING TO DERELICT VEHICLE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1.

The legislature finds that the current law that permits disposal of a derelict vehicle without notice to the owner because the vehicle is "ten model years old or older" does not comply with the holding in Wong v. City and County of Honolulu, 333 F. Supp. 2d 942 (D. Hawaii 2004). In that case, United States District Court Senior Judge Alan C. Kay ruled that disposing of a vehicle deemed derelict under current law, without providing notice to the owner, simply because it is ten model years old or older violates constitutional guarantees of procedural due process

The purpose of this Act is to delete the reference to vehicles that are "ten model years old or older" from the list of conditions in section 290-8, Hawaii Revised Statutes, which permit a derelict vehicle to be disposed of without notice to the owner. This Act also changes the references to the housing and community development corporation of Hawaii to the Hawaii public...