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HomeMy WebLinkAboutREP HSEDC 008 01/23/2008 2006-2008 REPORT OF THE COMMITTEE ON HUMAN SERVICES AND ECONOMIC DEVELOPMENT DATE: January 23, 2008 RE: Bi11218/Comm. 9l5 PLACE: Councilroom Ben Franklin Bldg., 2"d Floor 333 Kilauea Ave. Hilo, Hawaii TIME: 1:00 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Human Services and Economic Development, to which was referred Bill No. 218, reports as follows: Bill No. 218, transmitted by Councilmember Emily I. Naeole, via Communication No. 915, dated January 2, 2008, amends Chapter 14, Article 13 of the Hawaii County Code 1983 (2005 Edition, as amended), relating to a ban on soliciting for money or objects of value. Bill 218 adds "any public place" to the list of areas designated to be prohibited from soliciting for money or objects of value. There were two testifiers on the bill, Fred Blas and Madie Greene, both expressing support for the bill and the fact that it will make panhandling illegal in the town of Pahoa. Councilmember Angel Pilago, of North Kona, made the motion to approve Bi11218 and Councilmember Brenda Ford, of Central and South Kona, seconded it. Council Chairman Pete Hoffmann suggested that the language in the bill stating panhandling is "soliciting for money or objects of value" is not really panhandling. He doesn't have a problem with leaving that definition, or changing it to state something stronger. Council Chairman Hoffmann also suggested that, instead of adding "any public place" to the list of places where panhandling is illegal, state panhandling is illegal "islandwide." Councilmember Bob Jacobson, of Puna, Ka`u, and South Kona, said he has been doing research on panhandling and recalled the fact that what is currently on the books regarding panhandling dates back to 1999 when it was first introduced by former Councilmember Bobby Jean Leithead-Todd. He maintained that panhandling is free speech. Although he likes the idea of dealing with the problem of people hitting up other people for money, he believes a law forbidding it is unconstitutional. He doesn't believe that what is currently stated in the Hawaii County Code is constitutional. Councilmember Ford suggested that it might be appropriate to tailor the bill to address '`aggressive panhandling" and suggested that there be a definition of aggressive panhandling included in the bill. HSEDC REPORT NO. 8 Councilmember Hoffmann read the Honolulu Advertiser article that accompanied the proposed bill and he noted that the City and County of Honolulu is working on panhandling legislation that was modeled after existing legislation in other jurisdictions across the United States. He suggested that Councilmember Naeole and her staff need to be careful about how the legislation is phrased so that it is enforceable. He would like to hear from police regarding the subject. Councilmember J Yoshimoto, of South Hilo, said Councilmember Jacobson brought up a valid point regarding constitutionality and free speech. He suggested that if the intent is to define panhandling in terms of "aggressive panhandling," then a revision is in order. He said he will support the bill, because the intent is good. He noted that the City and County of Honolulu is in the process of passing a ban on aggressive panhandling. Councilmember. Jacobson noted that among legislation the City and County of Honolulu modeled their legislation after comes from Minneapolis, where he is from. He conceded that there is a lot of begging on freeway ramps there. He understands the desire to clean up the streets of Pahoa. He maintains that the way the current County Code reads is unconstitutional. Councilmember Naeole said she is willing "to massage this baby" to make it work. Her business people in Pahoa really need help, and they need this panhandling legislation in advance of bringing in tourists on a regular basis to watch hula performances, dine and shop. Council Chairman Hoffmann said that if indeed the City and County of Honolulu is in the process of approving panhandling legislation, perhaps this bill revised to model that one. Your Committee on Human Services and Economic Development is in accord with the purpose and intent of Bill No. 218, and recommends it pass first reading. Mr. Jacobson was the sole dissenter. Councilmember Stacy Higa, of Hilo, and Councilmember Dominic Yagong, of Hamakua, were absent. tce AYES NOES A&E EX Respectfully submitted, FORD x HIGH x COMMITTEE ON HUMAN SERVICES HOFFMANN x AND ECONOMIC DEVELOPMENT IKEDA x ~ G~~~'~'. J / JACOBSON x NAEOLE x EMILY OLE, CHAIR PILAGO x YAGONG x HSEDC REPORT NO. 8 YOSHIMOTO x ADOPTED: FEB 0 6 2008