STAND. COM. REP. NO. 3088

Honolulu, Hawaii

RE: H.B. No. 2193

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Public Safety and Intergovernmental and Military Affairs, to which was referred H.B. No. 2193, H.D. 1, 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) 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 Committee received testimony in support of this measure from the Department of Law Enforcement, Hawaiian Humane Society, and seven individuals.

Your Committee received testimony in opposition to this measure from one individual.

Your Committee finds that Act 67, Session Laws of Hawaii 2023, created the Illegal Fireworks Task Force to, among other things, plan, coordinate, and engage in law enforcement operations to interdict illegal fireworks. Your Committee further finds that almost two hundred thousand pounds of illegal fireworks have been taken off the streets of Hawaii since the inception of the Task Force. This measure will address some of the weaknesses identified by the Illegal Fireworks Task Force that 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 Committee has amended this measure by:

(1) Inserting an effective date of July 1, 2042, to encourage further discussion; and

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

Your Committee notes that the Senate Draft 1 of this measure contains an unspecified appropriation amount. Should your Committee on Ways and Means choose to deliberate on this measure, your Committee respectfully requests that it considers inserting an appropriation amount of $1,200,000 for fiscal year 2024-2025.

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 H.B. No. 2193, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2193, H.D. 1, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

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

________________________________

GLENN WAKAI, Chair