Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committees on Transportation, Military Affairs and Government Operations and Judiciary, to which was referred H.B. No. 301, H.D. 2, entitled:

beg leave to report as follows:

The purpose of this measure as referred to your Committees was to relax certain licensing, storage, and permit requirements for companies engaging in public fireworks displays.

Your Committees received testimony in support of this measure from the County of Hawaii and the Hawaii Hotel Association. The Honolulu Fire Department submitted testimony in opposition to this measure. Hawaii Explosives and Pyrotechnics, Inc., the Hilton Hawaii Village Beach Resort & Spa, and two event planning companies submitted comments.

Your Committees find that the comprehensive fireworks legislation passed during the 2000 legislative session has had a markedly positive impact in the State. In every area of the State except for Pearl City the levels of smoke were lower on New Year's Eve 2000 than the year before.

However, problems with fireworks persist. Smoke levels are still dangerously high on the allowed dates of use. In addition, illegal aerial fireworks are still prevalent, and caused several house fires last New Year's Eve. One woman died when her house caught on fire after being struck by wayward illegal aerial fireworks. Your Committees find that the State should do more to protect the health and safety of our residents.

Your Committees find that this measure, rather than strengthening our fireworks laws, actually weakens certain licensing, storage, and permit requirements for public displays. Although your Committees recognize that aerial fireworks pyrotechnicians operating legally cause very few problems for the State, your Committees find that the public interest would not be served by further weakening our fireworks laws.

Therefore, your Committees have amended this measure by replacing its contents with the contents of Senate Bill No. 239, S.D. 1 (S.B. No. 239). That measure, as amended by your Committees and transmitted to the House of Representatives, strengthens our existing fireworks laws in several ways.

Most importantly, S.B. No. 239 amends existing penalties for illegally importing, purchasing, selling, transferring, and discharging aerial common fireworks and special fireworks. As amended, these violations carry a mandatory minimum penalty of a $5,000 fine and imprisonment of not less than two years. After discussions with the Honolulu Prosecuting Attorney's Office, your Committees find that without a mandatory minimum penalty set forth in the law, most first time offenders will receive no imprisonment for violations of the fireworks law. Your Committees believe that substantial penalties are one of the most effective deterrents, and that persons considering violating the fireworks law should face serious consequences.

S.B. No. 239 further requires that all uses of non-aerial common fireworks be for a cultural purpose. This subject was the topic of much discussion during your Committees' hearing on S.B. No. 239, and your Committees believe that it is appropriate to authorize fireworks to be set off only for a professed cultural purpose.

The term "cultural" is defined very broadly in chapter 132D, Hawaii Revised Statutes, and your Committees understand that term to include religious purposes. Therefore, your Committees find that a separate reference to religion would be redundant.

S.B. No. 239 also amends existing law to require a permit to set off any non-aerial common fireworks. Your Committees believe that this amendment makes sense given the health and safety hazards associated with all fireworks.

In addition, S.B. No. 239 amends several provisions of chapter 132D, Hawaii Revised Statutes, based on the recommendations of the State Fire Council and the County Fire Departments, as follows:

During the hearing on this measure, several testifiers and Committee members expressed support for an amendment to give the Fire Chief the authority to waive the requirement in section 132D-16, Hawaii Revised Statutes, that a public display permit be obtained at least twenty days prior to the proposed date of display.

Your Committees recognize that there may be instances when it makes sense to give the Fire Chief such authority, but your Committees decline to insert such a provision in this measure. If necessary, this issue can be discussed when the numerous fireworks bills before both houses are in conference.

In addition, during the hearing one Committee member raised the issue of broadening the fee exemptions allowed for nonprofit community groups. As amended by your Committees, this measure clarifies the scope of existing fee exemptions, based on recommendations submitted by the Honolulu Fire Department. Your Committees believe that this issue can also be addressed in conference if necessary.

As affirmed by the records of votes of the members of your Committees on Transportation, Military Affairs and Government Operations and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 301, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 301, H.D. 2, S.D. 1, and be referred to the Committee on Ways and Means.