STAND. COM. REP. NO.  313-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 2436

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Tourism & Culture, to which was referred H.B. No. 2436 entitled:

"A BILL FOR AN ACT RELATING TO FIREWORKS,"

begs leave to report as follows:

     The purpose of this bill is to assist in the regulation and enforcement of fireworks by:

     (1)  Clarifying the definition of "display fireworks";

     (2)  Repealing the provision allowing certain prohibited acts if permitted, with the exception of fireworks set off, discharged, or ignited within 500 feet from any hotel; and

     (3)  Clarifying that it shall be unlawful for minors to sell fireworks or articles pyrotechnic.

     The State Fire Council and Honolulu Fire Department supported this bill.  The Legislative Information Services of Hawaii submitted comments.

     Upon further consideration and in light of verbal testimony provided at the public hearing, your Committee has amended this measure by:

     (1)  Restoring the provision allowing certain prohibited acts if permitted;

     (2)  Clarifying that it shall be unlawful, without a permit, to throw any ignited fireworks from, or at, a moving vehicle or at a person or an animal;

     (3)  Clarifying that the prohibition, without a permit, against setting off, igniting, or discharging fireworks within 1,000 feet of any home for the elderly is for permitted homes for the elderly; and

     (4)  Making technical, nonsubstantive amendments for style, clarity, and consistency.

     As affirmed by the record of votes of the members of your Committee on Tourism & Culture that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2436, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2436, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Tourism & Culture,

____________________________

RYAN I. YAMANE, Chair