SB 820: RELATING TO VEHICLE TITLES.

A BILL FOR AN ACT

relating to vehicle titles.

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

     SECTION 1.  Section 286-52, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (b) to read:

     "(b)  Within [thirty] fourteen calendar days thereafter, the transferee shall forward the certificate of ownership so endorsed to the director of finance who shall file the same; provided that if the recorded lien holder does not have an office in the State, the applicable period shall be sixty days.  Whenever a transferee fails to comply with these provisions, the director of finance shall charge a fee of $50, in addition to the fee provided in section 286-51, for a new certificate of ownership.  If after fourteen calendar days, or sixty days as appropriate, the transferee has not forwarded the endorsed certificate of ownership, the transferor may submit an attestation about the transfer that includes the names and addresses of the transferor and transferee, date of transfer, vehicle description, and date that the notice required pursuant to subsection (j) was submitted to the director of finance, who shall treat the attestation in the same manner as an endorsed certificate."

     2.  By amending subsection (d) to read:

     "(d)  The director of finance, upon receipt of the certificate of ownership properly endorsed, or the transferor's attestation pursuant to subsection (b), shall register the vehicle, and shall issue to the owner and legal owner entitled thereto by reason of the transfer a new certificate of registration and the certificate of ownership, respectively, in the manner and form hereinabove provided for original registration."

     3.  By amending subsection (k) to read:

     "(k)  Whenever the registered owner of any motor vehicle or any licensed dealer has given notice to the director of finance of a transfer of the title or interest in the motor vehicle, as provided in subsection (i) or (j), and has delivered the certificate of ownership bearing the transferor's signature to the transferee as required by subsection (a)[,] or the transferor's attestation pursuant to subsection (b), the transferor shall be relieved from any liability, civil or criminal, from the date the transferor delivers the motor vehicle into the transferee's possession, which the transferor might otherwise subsequently incur by reason solely of being the registered owner of the vehicle."

     4.  By amending subsection (m) to read:

     "(m)  Any person who falsely or fraudulently gives notice to the director of finance of a transfer of title or interest in a motor vehicle or who falsely or fraudulently provides an attestation pursuant to subsection (b) shall be subject to the penalty provided in section 286-61."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Motor Vehicle; Title Transfer; Ownership; Attestation

Description:

Reduces the period in which a transferee is required to forward the certificate of ownership to the director of finance when a title of vehicle is transferred from thirty days to fourteen days.  Allows a letter of attestation to the Director of Finance to act as an endorsed certificate for motor vehicle transfer.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.