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HomeMy WebLinkAboutREP PSPRC 011 05/19/2009 2008-2010 REPORT OF THE COMMITTEE ON PUBLIC SAFETY AND PARKS AND RECREATION DATE: May 19, 2009 Re: Comm. No. 262/Bill No. 66 PLACE: Ben Franklin Building, 2"d Floor 333 Kilauea Ave. Hilo, Hawaii TIME: 3:00 pm Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Public Safety and Parks and Recreation, to which was referred Bill No. 66, reports as follows: Bill 66, transmitted by Council Member Pete Hoffmann, via Communication No. 262, dated April 8, 2009, proposes an amendment to Chapter 24, Hawaii County Code 1983 (2005 Edition, as amended), relating to inattention to driving, by adding a new section to make the use of a mobile electronic device while operating a vehicle a violation, except when using a hands-free device, subject to a maximum fine of $150, or if such use causes an accident, a fine of $500 or not more than 30 days in prison, or both. Your Committee first heard Bill No. 66 at its meeting of April 21, 2009, during which three members of the public provided oral testimony. Tracy Nagakura testified via videoconference from Hilo in opposition to the bill, expressing his belief that it is a waste of the Council's time. Michael Price of the South Kohala Traffic Safety Committee testified in support, citing National Safety Council and other national studies which show a connection between distracted driving and cell phone usage. Nancy Rose of Waimea urged the Council to accept the bill. Finally Murray Gardner, also speaking on behalf of the South Kohala Traffic Safety Committee, spoke in support. Hawaii County Police Chief Harry Kubojiri presented his views on the bill, raised concerns about penalties and enforcement, but also expressed his strong belief that distracted drivers are a serious problem, which could be addressed through public education spurred by this ordinance being enacted. Council Members shared the following comments and observations: Mr. Greenwell does not support the existing bill and feels more study of the issue is in order. Mr. Yoshimoto feels jail time is too harsh, and the penalties need revision. Ms. Ford compared cell phone distraction to alcohol consumption. Chief Kubojiri cited a study that supports the similar level of distraction of in-vehicle cell phone use and driving under the influence. Ms. Ford suggested the fines, which are currently collected by the State, should be retained by the County. Mr. Hoffmann discussed the finer points with the Chief, including hands-free versus a full ban of device usage. Mr. Enriques stressed the bill needs an amendment to address the enactment scheduling. Mr. Onishi opined public education is the key to the success of this ordinance. Chief Kubojiri expressed his interest in working with Mr. Hoffmann's office to amend and improve the bill. Mr. Onishi motioned to postpone further discussion until May 19, 2009 and Mr. Hoffmann seconded. The motion to postpone was unanimously carried. PSPRC Rept. No. 11 PSPRC-11 April 21, 2009 At its meeting of May 19, 2009, Your Committee heard Comm. 262.2, from Mr. Hoffmann. The proposed amendments contained therein were to 1) remove the penalty of 30 days imprisonment; 2) exempt drivers holding an operator license issued by the federal communications commission; and 3) change the effective date from upon approval to October 1, 2009. In addition, Comm. 262.5 from Chief Kubojiri, expressing the department's support, and Comm. 262.6, from Council Member Onishi, transmitting a proposed amendment to change the effective date to January 1, 2010, were heard. In discussion on the amended Bill 66, Mr. Hoffmann requested support of the other Councilors, and he applauded the City and County of Honolulu for their precedent on this issue. He added that if this bill saves a single life, it is worthwhile. Mr. Greenwell is concerned this bill is an erosion of responsibility and freedom. While Mr. Greenwell asserted he is able to drive a farm tractor using "three hands and four feet," he also stated he would vote against this bill, because he doesn't believe the public needs to be watched "as if we were children." Mr. Ikeda said he supports this bill and he confessed he personally has trouble using a phone and driving at the same time. Ms. Naeole expressed her uncertainty and emphasized there are much more serious issues and concerns for the Police to address. She is worried that this may be a distraction for enforcement officers and ultimately she voted "kanalua" twice. Mr. Yoshimoto said he is concerned that talking while driving is the true issue, not the use of the phone itself. He stated that although allowing a hands-free device may not be the answer, he supports the bill because it is a movement in the right direction, which is towards less distracted driving. He also stated that although it may not be effective until January 1, 2010, ultimately it will be a good thing. Ms. Ford stated that laws such as this are made to encourage responsibility. She supports this bill because it is important to behave more responsibly. Bill 66 was amended to Draft 2, with the contents of Comm. 262.2, as amended by the contents of Comm. 262.6. Your Committee is in accord with the purpose and intent of Bill 66, as amended to Draft 2, and recommends it pass first reading. bw AYES NOES A&E Ex Respectfully submitted, ENRIQUES X FORD X COMMITTEE ON PUBLIC SAFETY GREENwELL X AND PARKS AND RECREATION HOFFMANN X IKEDA X y NAEOLE X U ONISHI X Y E QUES, CH I YAGONG X PSPRC RE T NO. 11 YOSHIMOTO X ADOPTS : JUN 0 Z 1f1O9