STAND. COM. REP. NO. 2873

Honolulu, Hawaii

RE: S.B. No. 3194

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 3194, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE ENFORCEMENT OF LAWS,"

begs leave to report as follows:

The purpose and intent of this measure is to facilitate the enforcement of fireworks laws.

Specifically, the measure:

(1) Establishes and appropriates moneys for an adjudication system for processing fireworks infractions citations;

(2) Increases fines and other penalties for certain fireworks violations;

(3) Clarifies the elements that constitute a separate fireworks violation;

(4) Authorizes the Sheriff Division of the Department of Public Safety to enforce the fireworks control law;

(5) Requires the Attorney General to establish an explosion detection technology working group; and

(6) Requires and appropriates moneys for the Department of Public Safety to develop and implement a web-based reporting tool for illegal fireworks.

Your Committee received written comments in support of this measure from the Hawaii State Fire Council, Department of the Prosecuting Attorney of the City and County of Honolulu, Honolulu Fire Department, Maui Fire and Public Safety Department, Hawaiian Humane Society, and three individuals.

Your Committee received written comments in opposition to this measure from the Honolulu Police Department and one individual.

Your Committee received written comments on this measure from the Department of the Attorney General, Department of Budget and Finance, and Judiciary.

Your Committee finds that the illegal fireworks task force, established pursuant to Act 170, Session Laws of Hawaii 2010, recommended that the Legislature consider increasing fireworks permit fees and violation fines to deter the use of illegal fireworks, decrease the supply of illegal fireworks in the State, and increase funding for prevention and enforcement efforts. Your Committee also finds that the State should pursue the use of certain technologies that have shown the potential to assist police departments in enforcing fireworks laws. Your Committee further finds that an alternative enforcement mechanism for fireworks infractions, similar to the system for processing traffic infractions, may expedite adjudication of fireworks offenses.

Your Committee has amended this measure by:

(1) Correcting a statutory reference;

(2) Authorizing designees of the Attorney General, the Chief of Police of Honolulu, and the Prosecuting Attorney of Honolulu to serve on the explosion detection technology working group, in lieu of their respective designators; and

(3) Making technical nonsubstantive changes for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3194, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 3194, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

________________________________

DONOVAN M. DELA CRUZ, Chair