Public defender warns harm to low-income residents as committee advances vehicle-impound bill

The committee passed SB 2010 SD2 after hearing testimony and comments from multiple state actors. HDOT registered support for the bill, while the Attorney General's office provided written comments focusing on remedies and clarity for lienholders and registered owners.

William Bentel, representing the Office of the Public Defender, opposed the measure in oral testimony, citing potential disproportionate impacts on low-income residents. "The majority of our clients barely have enough money to make it through the day...the added possible cost of towing and the impoundment of a vehicle, the loss of the use of the vehicle can be highly detrimental to them," Bentel said. OPD urged the committee to consider waiving impoundment fees for certain individuals or phasing implementation to avoid causing severe hardship or driving increased civil litigation for administrative hearings.

Deputy Attorney General Mark Tom told the committee the AG's office submitted comments outlining concerns about clarity in the remedies section and how lienholders and registered owners are affected; the AG said staff would remain available for questions.

The chair proposed inserting repeal language tied to Act 59 (Session Laws of Hawaii 2020) into the bill and recommended the Judiciary Affairs Committee consult with AG and OPD to refine language that preserves the intent while minimizing undue burden. The committee adopted amendments and recommended passage with amendments; Representative Cochran recorded a reservation but the recommendation was adopted.

The committee report will reflect the AG and OPD concerns and request further intercommittee work to reconcile legal and equity issues before final floor action.