STAND. COM. REP. NO. 2971

Honolulu, Hawaii

RE:    H.B. No. 2113

       H.D. 1

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committees on Public Safety, Government Operations, and Military Affairs and Judiciary and Labor, to which was referred H.B. No. 2113, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FIRE PROTECTION,"

beg leave to report as follows:

     The purpose and intent of this measure is to make it unlawful to sell, offer for sale, distribute, possess, ignite, or otherwise use aerial luminaries, commonly known as sky lanterns, Hawaii lanterns, and flying luminaries.

     Your Committees received testimony in support of this measure from the State Fire Council, Department of Land and Natural Resources, Honolulu Police Department, Hawaii County Fire Department, Maui County Department of Fire and Public Safety, Kauai Fire Department, Hawaiian Electric Company, Hawaii Electric Light Company, Maui Electric Company, Hawaii Fire Chiefs Association, and one individual.

     Your Committees find that aerial luminaries pose a potential hazard to the community.  These devices are paper lanterns containing a small candle or other fuel that heats air inside the lantern causing the lantern to rise several hundred feet and remain airborne until the candle extinguishes, at which time the lantern descends.  The uncontrolled open flame device can land on combustible vegetation, buildings, or power lines, and interfere with aircraft flight patterns.  Death or serious injury to livestock has been reported in many countries when the sky lantern remains are consumed.

     Your Committees have amended this measure by:

     (1)  Placing the new section into chapter 132D, Hawaii Revised Statutes, relating to fireworks;

     (2)  Changing the effective date to upon approval; and

     (3)  Making technical, nonsubstantive amendments for the purpose of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Public Safety, Government Operations, and Military Affairs and Judiciary and Labor that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2113, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2113, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Public Safety, Government Operations, and Military Affairs and Judiciary and Labor,

____________________________ CLAYTON HEE, Chair

____________________________ WILL ESPERO, Chair