STAND. COM. REP. NO. 242

Honolulu, Hawaii

, 2021

RE: H.B. No. 1245

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1245 entitled:

"A BILL FOR AN ACT RELATING TO FIREWORKS INFRACTIONS,"

begs leave to report as follows:

The purpose of this measure is to establish an expeditious adjudication system for processing fireworks infractions, similar to the system for processing traffic infractions.

Your Committee received testimony in support of this measure from the State Fire Council, Honolulu Fire Department, and two individuals. Your Committee received comments on this measure from the Judiciary.

Your Committee finds that the enforcement of the Fireworks Control Law is wanting. Your Committee further finds that enforcement is necessary to protect property from avoidable fire damage and protect persons from fire and explosion-related injuries, respiratory distress caused by the air pollution, and retraumatizing persons with the loud explosions.

To promote compliance with the Fireworks Control Law, your Committee also finds that alternative enforcement mechanisms should be considered, such as the expeditious adjudication system for processing traffic infractions. Such a system would allow the Judiciary to expediently process violations of the Fireworks Control Law and reserve its resources for cases that require more attention.

Your Committee has amended this measure by:

(1) Inserting a preamble;

(2) Inserting an appropriation for an unspecified amount for the Judiciary to update the Judiciary Information Management System as needed to implement the adjudications process proposed by this measure;

(3) Changing the effective date to January 1, 2050, to encourage further discussion; and

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

Your Committee notes that the Judiciary submitted testimony on this measure indicating that the estimated costs for upgrading the Judiciary Information Management System as necessary to implement the adjudications process proposed by this measure are $40,000. As this measure proceeds through the legislative process, your Committee requests that consideration be given to this requested appropriation amount.

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1245, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1245, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

AARON LING JOHANSON, Chair