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<br /> <br /> <br /> REPORT OF THE <br /> COMMITTEE ON PUBLIC SAFETY AND PARKS AND RECREATION <br /> <br /> DATE: May 19, 2009 Re: Comm. No. 262/Bill No. 66 <br /> PLACE: Ben Franklin Building, 2"d Floor <br /> 333 Kilauea Ave. <br /> Hilo, Hawaii <br /> TIME: 3:00 pm <br /> <br /> Council Chair and Members <br /> Hawaii County Council <br /> Hilo, Hawaii 96720 <br /> <br /> Your Committee on Public Safety and Parks and Recreation, to which was referred Bill No. 66, <br /> reports as follows: <br /> <br /> Bill 66, transmitted by Council Member Pete Hoffmann, via Communication No. 262, dated <br /> April 8, 2009, proposes an amendment to Chapter 24, Hawaii County Code 1983 (2005 Edition, <br /> as amended), relating to inattention to driving, by adding a new section to make the use of a <br /> mobile electronic device while operating a vehicle a violation, except when using a hands-free <br /> device, subject to a maximum fine of $150, or if such use causes an accident, a fine of $500 or <br /> not more than 30 days in prison, or both. <br /> <br /> Your Committee first heard Bill No. 66 at its meeting of April 21, 2009, during which three <br /> members of the public provided oral testimony. Tracy Nagakura testified via videoconference <br /> from Hilo in opposition to the bill, expressing his belief that it is a waste of the Council's time. <br /> Michael Price of the South Kohala Traffic Safety Committee testified in support, citing National <br /> Safety Council and other national studies which show a connection between distracted driving <br /> and cell phone usage. Nancy Rose of Waimea urged the Council to accept the bill. Finally <br /> Murray Gardner, also speaking on behalf of the South Kohala Traffic Safety Committee, spoke <br /> in support. <br /> <br /> Hawaii County Police Chief Harry Kubojiri presented his views on the bill, raised concerns <br /> about penalties and enforcement, but also expressed his strong belief that distracted drivers are a <br /> serious problem, which could be addressed through public education spurred by this ordinance <br /> being enacted. <br /> <br /> Council Members shared the following comments and observations: <br /> Mr. Greenwell does not support the existing bill and feels more study of the issue is in order. <br /> Mr. Yoshimoto feels jail time is too harsh, and the penalties need revision. Ms. Ford compared <br /> cell phone distraction to alcohol consumption. Chief Kubojiri cited a study that supports the <br /> similar level of distraction of in-vehicle cell phone use and driving under the influence. <br /> Ms. Ford suggested the fines, which are currently collected by the State, should be retained by <br /> the County. Mr. Hoffmann discussed the finer points with the Chief, including hands-free versus <br /> a full ban of device usage. Mr. Enriques stressed the bill needs an amendment to address the <br /> enactment scheduling. Mr. Onishi opined public education is the key to the success of this <br /> ordinance. <br /> <br /> Chief Kubojiri expressed his interest in working with Mr. Hoffmann's office to amend and <br /> improve the bill. Mr. Onishi motioned to postpone further discussion until May 19, 2009 and <br /> Mr. Hoffmann seconded. The motion to postpone was unanimously carried. <br /> <br /> PSPRC Rept. No. 11 <br />