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REPORT OF THE <br /> COMMITTEE ON PUBLIC WORKS AND <br /> PARKS AND RECREATION COMMITTEE <br /> DATE: September 20, 2011 Re: Comm. No. 356/Bill No. 98 <br /> PLACE: Council Chambers <br /> Kona, Hawai`i <br /> TIME: 1:33 p.m. <br /> Council Chair and Members <br /> Hawai`i County Council <br /> Hilo, Hawai`i 96720 <br /> Your Committee on Public Works and Parks and Recreation, to which was referred Bill No. 98, <br /> reports as follows: <br /> Bill No. 98, transmitted via Communication No. 356, from Council Member Brenda Ford, dated <br /> August 26, 2011 requests an ordinance amending Chapter 24, Article 2, Section 24-12 of the <br /> Hawai`i County Code 1983 (2005 edition, as amended), relating to vehicles and traffic. <br /> This bill will amend Section 24-12, Duty of police to enforce traffic laws, to state that a police <br /> officer may have the motor vehicle towed to a private tow yard at the registered owner's expense <br /> for: (1) Driving without a license; (2) Driving wild license is suspended or revoked; (3) <br /> Operating a vehicle under the influence of an intoxicant; (4) Habitually operating a vehicle under <br /> the influence of an intoxicant; (5) Operating a vehicle after license and privilege has been <br /> suspended or revoked for operating a vehicle under the influence of an intoxicant; (6) Operating <br /> a vehicle after consuming a measurable amount of alcohol; persons under the age of twenty-one; <br /> and (7) Fraudulent use of plates, tags or emblems. Also states that registered owners and lien <br /> holders shall be given notice; and that if the vehicle is not recovered within 30 days of the notice <br /> being mailed shall be sold or disposed of as junk. <br /> For informational purposes, five members of the public testified in support of Bill 98, Deputy <br /> Prosecutor Mitchell Roth also testified in favor of the bill. Hawai`i Police Department <br /> representative Major Randy Apele testified in support of the intent of the bill but not in support <br /> of its application. Major Apele asked the Council to address concerns the department has with <br /> the bill in its current form. <br /> Councilmember Ford submitted Communication No. 356.2, transmitting proposed amendments, <br /> which were duly approved by Your Committee. The amendments strike the provision for <br /> unregistered vehicles and inserts language releasing the Police Department from any <br /> responsibility to protect a vehicle left on any road or property after the driver has been arrested. <br /> Major Apele cautioned that this language conflicts with the Department's standard operating <br /> procedures, and that there are other safety concerns that need to be addressed. Councilmember <br /> Pilago commented that by "codifying" the bill, the Police Department would be protected from <br /> potential liabilities. <br /> PWPRC Rept. No.: 49 <br />