STAND. COM. REP. NO. 3649

Honolulu, Hawaii

RE: H.B. No. 1842

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 Judiciary, to which was referred H.B. No. 1842, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FIRE PREVENTION,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Increase the maximum fine for violations of the fire protection laws;

(2) Specify that each day a violation exists or continues to exist shall constitute a distinct and separate offense;

(3) Raise the criminal penalty for the offense of arson in the fourth degree to a class C felony if the offense was committed during the time period and within the geographic area in which a red flag warning was in effect; and

(4) Provide that the state of mind requirement is not applicable to the fact that the red flag warning was in effect and that the actor is strictly liable with respect to the attendant circumstance that the red flag warning was in effect.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, Maui Chamber of Commerce, and one individual.

Your Committee received testimony in opposition to this measure from the Office of the Public Defender.

Your Committee finds that more than ninety-nine percent of fires in the State are human caused. In the University of Hawaii's review of twelve thousand fires, eight hundred had a determined cause, with twenty percent of those fires being suspected arson. Your Committee believes that determining the cause of fires, particularly arson, is crucial to ensuring the accountability for the destruction of properties, environments, and injury or death. This measure will ensure the safety and protection of the State's communities, rangelands, and forested watersheds by deterring certain actions that lead to a heightened risk of wildfires.

Your Committee notes that upon enactment of this measure, the State and county governments will need to consider communicating best practices to those affected by this measure.

Your Committee has amended this measure by:

(1) Decreasing the maximum fine for a violation of the fire protection laws from $5,000 to $2,500;

(2) Changing the state of mind requirement applicable to the attendant circumstance that the red flag warning was in effect at the time and within the geographic area in which the act was committed to be negligence, rather than strict liability; and

(3) Making it effective upon its approval.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1842, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1842, H.D. 1, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

________________________________

KARL RHOADS, Chair