REP PSPRC 014 02/05/2008 2006-2008

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REPORT OF THE COMMITTEE ON PUBLIC SAFETY AND PARKS AND RECREATION DATE: February 5, 2008 RE: Comm. No. 942, Bill No. 224 PLACE: Council Chambers 333 Kilauea Avenue, 2"d Floor Hilo, Hawaii TIME: 9:38 a.m. 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. 224, reports as follows: Bill No. 224, transmitted by Council Member J Yoshimoto via Communication No. 942, dated January 22, 2008, amends Chapter 14, Article 4, Section 14-21 of the Hawaii County Code 1983 (2005 edition, as amended) ("Code"), relating to prohibition of smoking in certain places. Public testimony was given by several members of the public, speaking in support of Bi11224. These members cited various health, enviromnental and societal issues, including childhood asthma, dangers of second-hand smoke, pollution, and the need for positive role models. One member of the public spoke in opposition to Bi11224, stating that smoking was a personal freedom. He also stated that the members of the Hawaii County Council should not take it upon themselves to legislate morals for the general public. He stated that car emissions and other industrial emissions were far more harmful than one cigarette. Prior to the discussion of this proposed bill, Council Member Yoshimoto informed your Committee that his wife, Tracie Yoshimoto, is the coordinator for the East Hawaii Tobacco-Free Coalition. Council Member Yoshimoto stated that Tracie would not be testifying before your Committee. Council Member Yoshimoto also stated that to avoid any potential conflict of interest, he would not be voting on Bi11224. Your Committee Chair stated that he reviewed an opinion provided to your Committee members by Corporation Counsel Lincoln Ashida, and that Mr. Ashida did not see any conflict of interest. Committee Chair Ikeda stated that neither Council Member Yoshimoto nor his wife, Tracie, stood to gain any pecuniary benefit from this bill. Committee Chair Ikeda asked for a motion to determine whether or not your Committee members felt that there was a conflict of interest that would prevent Council Member Yoshimoto from voting on Bii1224. Your Committee voted unanimously in agreement that there was no conflict of interest, thereby allowing Council Member Yoshimoto to cast his vote on Bi11224. Council Member Stacy Higa questioned Bill 224, stating that he favored designated smoking azeas rather than an outright ban. Council Chair Pete Hoffmann questioned the enforcement of the ban. Council Member Yoshimoto informed your Committee that enforcement issues were addressed elsewhere in the existing ordinance. Violators are assessed an administrative fine. Council Member Dominic Yagong stated that he would be seeking input from his constituents to determine what was in their best interest.