HomeMy WebLinkAboutREP PSPRC 014 02/05/2008 2006-2008 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.
Committee Chair Ikeda requested that Mrs. Yoshimoto address your Committee, and provide
her insight regarding Bi11224. Council Member Yoshimoto reminded the Chair that
Mrs. Yoshimoto decided previously not to testify to avoid any conflict of interest. Committee
Chair Ikeda stated that the Committee had already determined that there was no conflict and
that it was his "call" to request Mrs. Yoshimoto to speak, if she so desired. Mrs. Yoshimoto
stated that Bi11224 was very "forward thinking legislation." She also stated that passage of
Bill 224 would put Hawaii in the forefront in effort to make Hawaii "tobacco free".
Your Committee on Public Safety and Parks and Recreation is in accord with the purpose and
intent of Bill No. 224, and recommends it pass first reading.
awm
AYES NOES A&E EX Respectfully submitted,
FORD X
HIGH x COMMITTEE ON PUBLIC SAFETY
HOFFMANN X AND PARKS AND RECREATION
IKEDA X
JACOBSON X
NAEOLE X
PILAGO X DONALD IKEDA, CHAIR
YAGONG X PSPRC REPORT NO. 14
YOSHIMOTO X ADOPTED: FEB Z ~ 7O(19