STAND. COM. REP. NO. 708

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 365
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which
was referred S.B. No. 365 entitled: 

     "A BILL FOR AN ACT RELATING TO CONSUMER PROTECTION,"

begs leave to report as follows:

     The purpose of this measure is to prohibit: (1) the sale of
laser pointing devices (LPD) to minors, (2) the possession of LPD
by minors, and (3) the sale of LPD without providing the buyer a
printed warning regarding the improper usage of such devices.

     The Department of the Prosecuting Attorney of the City and
County of Honolulu and City and County of Honolulu Police
Department presented testimony in support of this measure with
proposed amendments.  Although not present at the hearing, The
Hawaii Ophthalmological Society submitted written testimony in
support of the measure.

     Your Committee finds that LPDs, which were designed to be
used in commercial presentations, emit a laser beam which can
cause temporary or even permanent vision impairment.  LPDs also
are similar to the laser sighting devices used with some
firearms.  LPDs have recently become more common and have been
used to target persons and police officers.  This use harasses
the police, causes alarm, and creates the danger of lethal
response.

     Given the health and safety risks, your Committee finds that
it is reasonable to place restrictions against the sale of LPDs

 
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and their possession by minors.  It is also reasonable to require
sellers to provide buyers of LPDs with a written warning
explaining the dangers of their improper use.

     Your Committee has amended this measure to:

     (1)  Prohibit adults from using LPDs to harass or alarm
          other persons or animals;

     (2)  Specify that the penalty for an adult found guilty of
          harassing a person or animal with an LPD is a fine of
          not more than $1,000 and up to thirty days
          imprisonment; and

     (3)  Specify that the penalty for:

          (A)  Selling LPDs to minors;

          (B)  Failing to disclose the dangers involved with the
               improper operation of an LPD; and

          (C)  Possession of an LPD by a minor;

          is a fine of not more than $1,000.

     As affirmed by the record of votes of the members of your
Committee on Commerce and Consumer Protection that is attached to
this report, your Committee is in accord with the intent and
purpose of S.B. No. 365, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as S.B.
No. 365, S.D. 1, and be placed on the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Commerce and
                                   Consumer Protection,



                                   ______________________________
                                   BRIAN KANNO, Co-Chair



                                   ______________________________
                                   BRIAN T. TANIGUCHI, Co-Chair

 
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