HomeMy WebLinkAboutREP PWPRC 049 09/20/2011 2010-2012 REPORT OF THE
COMMITTEE ON PUBLIC WORKS AND
PARKS AND RECREATION COMMITTEE
DATE: September 20, 2011 Re: Comm. No. 356/Bill No. 98
PLACE: Council Chambers
Kona, Hawai`i
TIME: 1:33 p.m.
Council Chair and Members
Hawai`i County Council
Hilo, Hawai`i 96720
Your Committee on Public Works and Parks and Recreation, to which was referred Bill No. 98,
reports as follows:
Bill No. 98, transmitted via Communication No. 356, from Council Member Brenda Ford, dated
August 26, 2011 requests an ordinance amending Chapter 24, Article 2, Section 24-12 of the
Hawai`i County Code 1983 (2005 edition, as amended), relating to vehicles and traffic.
This bill will amend Section 24-12, Duty of police to enforce traffic laws, to state that a police
officer may have the motor vehicle towed to a private tow yard at the registered owner's expense
for: (1) Driving without a license; (2) Driving wild license is suspended or revoked; (3)
Operating a vehicle under the influence of an intoxicant; (4) Habitually operating a vehicle under
the influence of an intoxicant; (5) Operating a vehicle after license and privilege has been
suspended or revoked for operating a vehicle under the influence of an intoxicant; (6) Operating
a vehicle after consuming a measurable amount of alcohol; persons under the age of twenty-one;
and (7) Fraudulent use of plates, tags or emblems. Also states that registered owners and lien
holders shall be given notice; and that if the vehicle is not recovered within 30 days of the notice
being mailed shall be sold or disposed of as junk.
For informational purposes, five members of the public testified in support of Bill 98, Deputy
Prosecutor Mitchell Roth also testified in favor of the bill. Hawai`i Police Department
representative Major Randy Apele testified in support of the intent of the bill but not in support
of its application. Major Apele asked the Council to address concerns the department has with
the bill in its current form.
Councilmember Ford submitted Communication No. 356.2, transmitting proposed amendments,
which were duly approved by Your Committee. The amendments strike the provision for
unregistered vehicles and inserts language releasing the Police Department from any
responsibility to protect a vehicle left on any road or property after the driver has been arrested.
Major Apele cautioned that this language conflicts with the Department's standard operating
procedures, and that there are other safety concerns that need to be addressed. Councilmember
Pilago commented that by "codifying" the bill, the Police Department would be protected from
potential liabilities.
PWPRC Rept. No.: 49
September 20, 2011 Page 2 September 20, 2011
Your Committee on Public Works and Parks and Recreation is in accord with the purpose and
intent of Bill 98, as amended to Draft 2, and recommends its passage on first reading.
bl
AYES NOES A&E EX Respectfully submitted,
BLAS X
FORD x COMMITTEE ON PUBLIC WORKS &
HOFFMANN x PARKS AND RECREATION
IKEDA X
ONISHI X
PILAGO X
SMART X FRED BLAS, CHAIR
YAGONG X PWPRC REPORT NO. 49
YOSHIMOTO X ADOPTED: OCT 0 5 2Q11