STAND. COM. REP. NO. 711

Honolulu, Hawaii

RE: S.B. No. 513

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committees on Judiciary and Ways and Means, to which was referred S.B. No. 513 entitled:

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

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Increase the fireworks display permit fee from $110 to $150 and the fine for certain fireworks violations from $2,000 per violation to $5,000 per violation;

(2) Clarify that each aerial device, display firework, or article pyrotechnic having a total weight of twenty-five pounds or less that is illegally imported, transferred, or sold constitutes a separate violation;

(3) Increase the penalty for removing or extracting the pyrotechnic contents;

(4) Require the Attorney General to establish an explosion detection technology working group;

(5) Require the Department of Public Safety to develop and implement a web-based fireworks reporting tool;

(6) Authorize the Sheriff Division to enforce the fireworks control law; and

(7) Make an appropriation.

Your Committees received testimony in support of this measure from the State Fire Council and two individuals. Your Committees received testimony in opposition to this measure from one individual.

Your Committees find that Act 170, Session Laws of Hawaii 2010, established an Illegal Fireworks Task Force to develop strategies and make recommendations to the Legislature to address the illegal importation and use of fireworks in the State. Among other matters, the Illegal Fireworks Task Force 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 Committees further find that Act 184, Session Laws of Hawaii 2019, directed the Legislative Reference Bureau to update the Illegal Fireworks Task Force's findings and recommendations. In its report, the Bureau noted that although the Legislature had introduced numerous measures to increase fireworks permit fees and violation fines since 2011, none of the measures were enacted. This measure adopts the recommendations of the Illegal Fireworks Task Force by increasing penalties and fines to deter the illegal use of fireworks.

Your Committees have amended this measure by inserting an effective date of May 6, 2137, to encourage further discussion.

As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 513, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 513, S.D. 1.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ KARL RHOADS, Chair