STAND. COM. REP. NO.2903

Honolulu, Hawaii

, 2002

RE: H.B. No. 1746

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs and Government Operations, to which was referred H.B. No. 1746, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO UNATTENDED VEHICLES,"

begs leave to report as follows:

The purpose of this measure is to require notices for tow away zones to be clearly visible to the driver of a vehicle approaching any marked or unmarked parking space, or within any marked or unmarked parking space, where the vehicle is subject to being towed.

Your Committee received testimony in support of the measure from the Department of Commerce and Consumer Affairs and Legislative Information Services of Hawaii. Your Committee received testimony in opposition to the measure from Na Leo Pohai.

Your Committee finds that this measure addresses anecdotal concerns about "tow traps" in which property owners and/or tow operators fail to post conspicuous signs and then tow the vehicles of unwary vehicle owners. For individual parking spaces, the language in this measure is reasonable. If an entire parking lot has limitations, however, then each parking space should not be required to have a sign posted advising that parking is illegal, as this would greatly increase visual blight.

Your Committee has amended the measure:

(1) To balance these concerns by requiring clear signage for individual parking spaces while allowing signage at each entrance of parking lots to suffice where an entire parking lot consists of restricted parking;

(2) Requiring the name, address, and telephone number of the facility to which illegally parked cars will be towed and held to be on the sign; and

(3) Requiring that the sign states that vehicles will be towed at the expense of the owner of the vehicle.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1746, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1746, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Transportation, Military Affairs and Government Operations,

____________________________

CAL KAWAMOTO, Chair