STAND. COM. REP. NO. 38

Honolulu, Hawaii

RE: S.B. No. 708

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Public Safety and Intergovernmental and Military Affairs, to which was referred S.B. No. 708 entitled:

"A BILL FOR AN ACT RELATING TO FIREWORKS,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Decriminalize the possession and use of fireworks;

(2) Set fines for the possession and use of fireworks; and

(3) Establish the Fireworks Possession Special Fund and allocate proceeds of the fund to county police departments and for climate change mitigation.

Your Committee received testimony in support of this measure from one member of the Makiki Neighborhood Board, Poi Dogs and Popoki, and ten individuals. Your Committee received testimony in opposition to this measure from two individuals. Your Committee received comments on this measure from the Department of Law Enforcement and one individual.

Your Committee finds that fireworks contain toxic chemicals and heavy metals that contribute to air, water, and soil pollution in the State and cause a wide variety of health concerns such as cancer, respiratory, and reproductive problems in humans and animals. Despite this, the use of illegal fireworks has only increased, with some neighborhoods experiencing fireworks on a weekly, year-round basis. Your Committee believes that additional fines for the possession and use of fireworks will reduce the use of illegal fireworks in the State. Therefore, this measure will improve the health and safety of people and animals and deter the use of illegal fireworks in the State by setting fines for the possession and use of fireworks, establishing the Fireworks Possession Special Fund, and allocating proceeds of the fund to county police departments and for climate change mitigation.

Your Committee has amended this measure by:

(1) Removing language that would have decriminalized the possession, setting off, igniting, or discharge of aerial devices, display fireworks, or articles pyrotechnic;

(2) Inserting an effective date of January 1, 2050, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Public Safety and Intergovernmental and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 708, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 708, S.D. 1, and be referred to your Committees on Ways and Means and Judiciary.

Respectfully submitted on behalf of the members of the Committee on Public Safety and Intergovernmental and Military Affairs,

________________________________

GLENN WAKAI, Chair