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 S.B. No. 1094 entitled:

beg leave to report as follows:

The purpose of this measure is to prohibit the purchase, possession, or discharge of all fireworks on Oahu except when used for religious or cultural purposes.

Your Committees received written testimony in support of this measure from the Office of the Governor, the Department of Health, the State Fire Council, the Maui County Department of Fire Control, and a graduate student at the University of Hawaii. The Chinese Chamber of Commerce testified orally in support of this measure. The Healthcare Association of Hawaii and Legislative Information Services of Hawaii testified in opposition to this measure.

Your Committees find that the comprehensive fireworks legislation passed during the 2000 legislative session has had a markedly positive effect 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 support this measure, which further restricts the right to use fireworks and empowers the counties to set fireworks policies that are appropriate in each location. Due to its high population density, fireworks use on Oahu is extremely dangerous and your Committees believe that it is appropriate to set a more restrictive policy for the City and County of Honolulu than for the other counties. Your Committees also note that under this measure, even on Oahu fireworks may still be set off for religious and cultural purposes, which is very broadly defined.

Your Committees amended several provisions of this measure. First, based on the testimony of the Chinese Chamber of Commerce, your Committees inserted an amendment to ensure that use of non-aerial fireworks will be allowed on Oahu from 7:00 a.m. on Chinese New Year's Eve to 7:00 p.m. on Chinese New Year's Day. Your Committees recognize the important role of fireworks in Chinese culture, and the State Fire Council testified that they have experienced very few problems with the discharge of fireworks on Chinese New Year's Day.

Your Committees further amended this measure by amending the 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 violation 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.

In addition, your Committees have amended this measure to amend chapter 132D, Hawaii Revised Statutes, based on the recommendations of the State Fire Council and the County Fire Departments, as follows:

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 S.B. No. 1094, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1094, S.D. 1, and be placed on the calendar for Third Reading.