Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs, and Government Operations, to which was referred H.B. No. 899 entitled:

begs leave to report as follows:

The purpose of this measure, as received by your Committee, is to reduce the fireworks permit fee from $25 to $10.

Prior to the hearing on this measure, your Committee prepared a proposed S.D. 1 version to increase the fireworks permit fee to $50, to require a permit for purchase of novelty fireworks, and to allow only one permit per household for use of fireworks during any authorized period.

Your Committee received testimony in support of the proposed S.D. 1 version of this measure from the Department of Labor and Industrial Relations. Legislative Information Services of Hawaii and a concerned citizen submitted testimony in opposition to the proposed S.D. 1. A small business owner submitted testimony in support of the original measure, and the State Fire Chief submitted statistics related to fireworks use.

Following the amendments to Chapter 132D, Hawaii Revised Statutes, in 2000, your Committee finds that the problems related to discharge of fireworks have declined significantly. Overall, there have been fewer fireworks-related fires and health complaints during the past two years.

However, your Committee finds that fireworks continue to be a problem, and that tougher regulation is necessary. So-called novelty fireworks produce prodigious amounts of noise and smoke, and your Committee finds that it is appropriate to require a permit to purchase novelty fireworks.

Your Committee also finds that it is appropriate to raise the permit fee. Since the discharge of fireworks interferes substantially with every person's right to be free from undue noise, odors, and smoke, your Committee believes that persons who wish to set off fireworks should pay a higher fee for that privilege.

Likewise, your Committee believes that it is fair to limit each household to a single permit. Traditionally, fireworks have been viewed and used by a family together, and therefore it makes sense to allow a single permit to be purchased per household.

In the spirit of compromise, your Committee amended the provisions of the proposed S.D. 1, by maintaining the proposed permit fee increase but allowing for the purchase of up to five thousand firecrackers and up to $20 in novelty fireworks, rather than one or the other, under one permit.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs, and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 899, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 899, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.