STAND. COM. REP. NO. 3652

Honolulu, Hawaii

RE: H.B. No. 2193

H.D. 1

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committees on Judiciary and Ways and Means, to which was referred H.B. No. 2193, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FIREWORKS,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Authorize law enforcement and fire officers to enter and inspect any licensee's or permittee's premises, under certain conditions, to verify compliance with the State's Fireworks Control Law;

(2) Establish procedures for the Department of Law Enforcement to conduct administrative inspections of controlled premises;

(3) Require certain licensees and permittees to keep records and maintain inventories;

(4) Require licensees and permittees to report any stolen fireworks or articles pyrotechnic;

(5) Authorize a law enforcement agency or county fire department to safely dispose confiscated fireworks and articles pyrotechnic;

(6) Require violators to be held liable for storage and disposal costs;

(7) Specify that each type of prohibited firework constitutes a separate violation;

(8) Authorize the Department of Law Enforcement, in addition to the counties, to enforce the Fireworks Control Law; and

(9) Make an appropriation.

Your Committees received testimony in support of this measure from the Department of Law Enforcement, Pearl City Neighborhood Board No. 21, Hawaiian Humane Society, and three individuals.

Your Committees find that the Illegal Fireworks Task Force was established in 2023. Although it has been operational for a very short time, the Task Force has removed nearly two hundred thousand pounds of illegal fireworks off of the State's streets. This measure will address several weaknesses identified by the Illegal Fireworks Task Force which include requirements for licensing, recording, and reporting of fireworks related commodities; inspection and disposal authorities for state and county agencies; and a mechanism to recover costs associated with the storage and disposal from those responsible for any illegal fireworks confiscated by authorities.

Your Committees have amended this measure by:

(1) Deleting language that would have made an unspecified appropriation amount for the continued operation of the Illegal Fireworks Task Force and reimbursement of funds to law enforcement agencies for Task Force-related law enforcement operations;

(2) Amending section 1 to reflect its amended purpose; and

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

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 H.B. No. 2193, H.D. 1, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 2193, H.D. 1, S.D. 2.

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

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ KARL RHOADS, Chair