STAND. COM. REP. NO. 528

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 680
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committees on Transportation and Intergovernmental
Affairs and Judiciary, to which was referred S.B. No. 680
entitled: 

     "A BILL FOR AN ACT RELATING TO FIREWORKS,"

beg leave to report as follows:

     The purpose of this measure is to prohibit the use of
fireworks at any time by any person unless the person has a
permit to use fireworks for compelling religious and cultural
purposes.

     Your Committees held a hearing on this measure and the
following measures relating to the regulation of fireworks:  S.B.
Nos. 50, 141, 213, 214, 608, 679, 681, 796, 963, 1331, or 1630.
To expedite the hearing, testifiers were asked to explain their
position on fireworks regulation rather than comment on the
provisions of each bill.

     Your Committees received testimony from the Office of the
Governor, Hawaii State Department of Health, Department of
Taxation, Police Department of the City and County of Honolulu,
Fire Department of the City and County of Honolulu, James
Campbell High School, American Lung Association, Legislative
Information Services of Hawaii, Inc., Chinese Chamber of
Commerce, Hawaii Medical Association, Hawaii Explosives &
Pyrotechnics, Inc., Pacific Realty Consultants, Tax Foundation of
Hawaii, and over 100 individuals.


 
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     In general, testimony called for further regulation of
fireworks and described the excessive, dangerous, and illegal use
of fireworks prior to, during, and after January 1, 1999, the
effect of which caused health problems, created safety hazards,
and caused many citizens to fear for their well-being.  Further
testimony expressed that current fireworks control laws are
unenforceable.

     With respect to fireworks regulation, the positions
advocated by testifiers included an absolute prohibition of
fireworks, prohibiting the individual use of fireworks,
delegating the regulation of fireworks to the counties,
increasing the tax on the sale of fireworks, and further
prohibiting the use of fireworks but permitting the use of
fireworks for professional public displays and/or religious
cultural purposes.  Numerous testifiers also submitted testimony
in opposition to the various positions advocated and suggested
alternative forms of fireworks regulation.

     Upon consideration of the testimony presented, your
Committees find that current fireworks control laws are not
effective and are difficult and even impossible to enforce.  As
the use of fireworks has reached a point where the health,
safety, and general welfare of the public is in jeopardy, your
Committees find that the use of fireworks must be strictly
regulated in this State.  However, your Committees acknowledge
the social value of fireworks when used for religious and
cultural purposes and in professional public displays.  Your
Committees note the use of fireworks in religious events may be
protected by the Constitution.

     Therefore, your Committees believe that the use of fireworks
for religious and cultural purposes and for professional public
displays should be permitted in this State.  Your Committees
further believe that if counties determine that the use of
fireworks within their respective jurisdictions should be
permitted, then those counties must affirmatively enact
ordinances permitting and regulating the use of fireworks.  Thus,
in the absence of county ordinances stating otherwise, the use of
fireworks will be prohibited in all counties except for religious
and cultural purposes and professional public displays.

     Your Committees have amended this measure by replacing it
with provisions that repeal chapter 132D, Hawaii Revised
Statutes, and establishing a new chapter on fireworks which:

     (1)  Prohibits the sale, possession, and use of fireworks
          statewide except for bona fide religious or cultural
          purposes and public displays;

 
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     (2)  Permits individual counties, by adopting ordinances, to
          authorize and regulate the sale and use of fireworks
          within their respective jurisdictions;

     (3)  Deems it a class C felony to import or sell aerial
          common fireworks or special fireworks, a misdemeanor to
          sell fireworks if not authorized by county ordinance,
          and a petty misdemeanor to purchase, possess or use
          fireworks if not authorized by county ordinance;

     (4)  Restricts the permitted use of fireworks only to the
          hours between 9:00 a.m. and 9:00 p.m.;

     (5)  Prohibits the sale of fireworks to minors, holds
          parents or guardians of a minor possessing or using
          fireworks liable for possession or use of fireworks
          except when the minor is using the fireworks for
          religious or cultural purposes and the parents or
          guardians have a permit for that activity;

     (6)  Requires the counties to enforce and administer the
          fireworks control laws;

     (7)  Deems void all county ordinances and rules regulating
          fireworks effective prior to January 2, 2000; and

     (8)  Takes effect January 2, 2000.

     As affirmed by the records of votes of the members of your
Committees on Transportation and Intergovernmental Affairs and
Judiciary that are attached to this report, your Committees are
in accord with the intent and purpose of S.B. No. 680, as amended
herein, and recommend that it pass Second Reading in the form
attached hereto as S.B. No. 680, S.D. 1, and be placed on the
calendar for Third Reading.


 
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                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Transportation
                                   and Intergovernmental Affairs
                                   and Judiciary,



____________________________       ______________________________
AVERY B. CHUMBLEY, Co-Chair        CAL KAWAMOTO, Chair




____________________________
MATTHEW M. MATSUNAGA, Co-Chair

 
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