STAND. COM. REP. NO.  553-10

 

Honolulu, Hawaii

                , 2010

 

RE:   H.B. No. 1987

      H.D. 2

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred H.B. No. 1987, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO FIREWORKS,"

 

begs leave to report as follows:

 

     The purpose of this bill is to provide additional penalties for the use of illegal fireworks by, among other things:

 

     (1)  Establishing a civil cause of action to abate the illegal purchasing, selling, possession, setting off, igniting, or discharging of fireworks;

 

     (2)  Allowing the court to order the closure of any place used in violation of the fireworks laws; and

 

     (3)  Providing for the forfeiture of property used in violation of the fireworks law.

 

     A concerned individual testified in support of this bill.  The County of Hawaii Fire Department, County of Maui Department of Fire and Public Safety, County of Kauai Fire Department, State Fire Council, American Lung Association in Hawaii, and Legislative Information Services of Hawaii offered comments.


 

     Your Committee has amended this bill by:

 

     (1)  Deleting the provisions in this bill that created a new part, relating to nuisances, in Chapter 132D, Hawaii Revised Statutes (HRS), relating to fireworks;

 

     (2)  Increasing the penalties for illegal use of fireworks by applying nuisance abatement laws to such violations;

 

     (3)  Changing the effective date to December 21, 2058, to encourage further discussion; and

 

     (4)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

     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. 1987, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1987, H.D. 2.

 

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

 

 

 

 

____________________________

JON RIKI KARAMATSU, Chair