STAND. COM. REP. NO. 1087

Honolulu, Hawaii

RE: S.B. No. 498

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committees on Ways and Means and Judiciary, to which was referred S.B. No. 498, 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 require the establishment of, provide funding for, and require legislative reports regarding a program, led by the Department of Public Safety, to conduct random inspections of shipping containers for illegal fireworks and explosives.

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

Your Committees received written comments on this measure from the Department of the Attorney General; Department of Budget and Finance; Department of Transportation; Department of the Prosecuting Attorney of the City and County of Honolulu; Matson Navigation Company, Inc.; Hawaii Harbor Users Group; and Young Brothers, LLC.

Your Committees find that the use of illegal fireworks is a persistent problem in the State. Your Committees believe that the program proposed by this measure may be effective in addressing this problem and preventing the use of illegal fireworks.

Your Committees have amended this measure by:

(1) Inserting certain references to the Department of Law Enforcement, in anticipation of the transfer on January 1, 2024, to that department of certain powers and duties currently exercised by the Department of Public Safety;

(2) Providing that any additional inspections shall be conducted by members of an appropriate bargaining unit who are subject to Chapter 89, Hawaii Revised Statutes, and not by individuals who are contracted or subcontracted by the Department of Public Safety or Department of Law Enforcement, as the case may be;

(3) Amending the definitions of "aerial devices" and "fireworks" within state fireworks law;

(4) Changing the appropriation from $1,000,000 to an unspecified amount to facilitate further discussion on the measure; and

(5) Making technical nonsubstantive amendments for purposes of clarity, consistency, and style.

As affirmed by the records of votes of the members of your Committees on Ways and Means and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 498, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 498, S.D. 2.

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

________________________________ KARL RHOADS, Chair

________________________________ DONOVAN M. DELA CRUZ, Chair