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. 239 entitled:

beg leave to report as follows:

The purposes of this measure as referred to your Committees were to authorize the discharge of non-aerial fireworks on Chinese New Year's Eve, and to allow a person to purchase the lesser of 20,000 tau or 5,000 firecrackers under a single permit.

Prior to the hearing on this measure, your Committees circulated a proposed S.D. 1 version of this measure which incorporated several amendments, as discussed below.

Most importantly, your Committees' proposed S.D. 1 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.

Your Committees' proposed S.D. 1 further requires that all uses of non-aerial common fireworks be for a cultural purpose. This subject was the topic of much discussion during the hearing on this measure, 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. One member raised a concern with the potential impingement on the constitutional right to freedom of religion; as discussed above, your Committees believe that the term "cultural" encompasses religious purposes, and that there is no potential constitutional problem.

The proposed S.D. 1 version also amended this measure 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, your Committees' proposed S.D. 1 amended several provisions of chapter 132D, Hawaii Revised Statutes, based on the recommendations of the State Fire Council and the County Fire Departments, as follows:

The proposed S.D. 1 version of this measure and the original measure were both discussed at the hearing.

Your Committees received testimony in support of the original measure from the Hawaii State Fire Council, the Maui County Department of Fire Control, and the Chinese Chamber of Commerce. Legislative Information Services of Hawaii submitted testimony in support of the original measure and opposing the proposed S.D. 1 version.

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 the original intent of this measure, to extend the hours of allowed fireworks use on Chinese New Year's Eve. 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 do not support an increase in the amount of fireworks that can be purchased under a single permit to up to 20,000 tau. Your Committees do not believe that it is appropriate to increase the amount of fireworks that can be purchased at this time, and have amended this measure to delete that provision.

Your Committees also retained all of the amendments contained in the proposed S.D. 1 version, for the reasons discussed above.

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. 239, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 239, S.D. 1, and be placed on the calendar for Third Reading.