STAND.
COM. REP. NO. 629
Honolulu, Hawaii
, 2025
RE: H.B. No. 1483
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1483 entitled:
"A BILL FOR AN ACT RELATING TO FIREWORKS,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Establish an adjudication system and procedures to process fireworks infractions;
(2) Amend and establish various definitions and penalties for fireworks offenses, including establishing heightened penalties under certain circumstances;
(3) Establish various criminal offenses and penalties related to fireworks or articles pyrotechnics; and
(4) Appropriate funds.
Your Committee finds that it has been difficult for state and county agencies to enforce or prosecute illegal fireworks cases in the State due to challenges with gathering evidence, meeting the high burden of proof necessary for convictions, and stringent definitions. This measure would largely address the concerns raised by prosecutors and provide greater clarity and efficiency for law enforcement, prosecutors, and the courts.
Your Committee has amended this measure by:
(1) Amending the offense of general fireworks or articles pyrotechnic prohibitions in the second degree to:
(A) Include throwing, catapulting, or otherwise manually propelling ignited aerial devices, articles pyrotechnics, consumer fireworks, or display fireworks; and
(B) Clarify when the state of mind requirement is not applicable;
(2) Clarifying the definitions of "aerial device", "consumer fireworks", and "fireworks";
(3) Clarifying the weight thresholds for certain penalties for fireworks offenses;
(4) Restoring the authority of law enforcement officers to conduct inspections to verify compliance with fireworks laws;
(5) Changing the effective date to July 1, 3000, to encourage further discussion; and
(6) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1483, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1483, H.D. 1, and be referred to your Committee on Finance.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
|
|
____________________________ DAVID A. TARNAS, Chair |
|
|
|