HomeMy WebLinkAboutREP PSPRC 003 12/20/2004 2004-2006 REPORT OF THE COMMITTEE ON
PUBLIC SAFETY and PARKS AND RECREATION
DATE: December 2Q 2004 RE: COMM. NO. 6/ BILL NO. 1
PLACE: Councilroom
TIME: 9:20 a.m.
Chair and Members
}{awai`i County Council
Hilo, Hawaii 96720
Your Committee on Public Safety and Parks and Recreation, to which was referred
Communication 6, regarding Bill No. I relating to civil defense disaster control, reports as
follows:
Bill No. 1, transmitted by Craig Masuda, Deputy Corporation Counsel, via Communication
No. 6, dated November 16, 2004, amends Chapter 7 ofthe Hawaii County Code ]983 (1995
Edition), relating to civil defense disaster control.
The County of Hawaii Civil Defense Agency states that there is a need to increase the
effectiveness of Civil Defense-ordered evacuations during impending disaster and/or actual
disaster. Failure to evacuate when so ordered impedes the safety of the emergency responders
and hampers the evacuation itself. The bill seeks to address the problem of those who loiter or
refuse to leave the area during an evacuation effort when so ordered. It changes the definition of
authorized person to include, besides police officers, State and County employees assigned to
disaster duty, National Guard, and Civil Defense employees or volunteers. It also includes a
penalty clause making it a criminal offense and sanctioning those who fail to obey an authorized
person's order to evacuate. Realizing that emotions are strong during times of disaster, the
penalty section provides for a sentence of no more than 30 days, thus allowing the offender to
apply for a Deferred Acceptance of Guilty (DAG) plea or a Deferred Acceptance of No Contest
(DANC) plea. Upon the acceptance of a DAG or DANC, the offender's criminal record is
cleared.
Your Committee on Public Safety and Parks and Recreation is in accord with the purpose and
intent of Bill No. 1, and recommends it pass first reading.
Respectfully submitted,
nves Nor A&e ex COMMITTEE ON PUBLIC SAFETY and
RICA x PARKS AND RECREATION
HOLSC'HUF1 x
ARAKAKI x
IIOFFMANN x
IKe~n x STACY K. HIGA, CHAIR
IsneLL x PSPRC REPORTN 0 3
JACOIisoN x ADOPTED: JJA OO~
I>u.nro x
3APARIK x