STAND. COM. REP. NO.  1058

 

Honolulu, Hawaii

                , 2021

 

RE:   S.B. No. 513

      S.D. 1

      H.D. 1

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

 

Sir:

 

     Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 513, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO THE ENFORCEMENT OF LAWS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to promote compliance with the Fireworks Control Law by:

 

     (1)  Increasing the permit and fine amounts and raising the grade of offense for certain violations of the Fireworks Control Law;

 

     (2)  Specifying that certain violations with respect to each aerial device, display firework, and article pyrotechnic constitutes a separate violation;

 

     (3)  Requiring the Attorney General to convene an Explosion Detection Technology Working Group to study the feasibility of purchasing and deploying explosion detection technology in certain counties;

 

     (4)  Authorizing the Sheriff Division of the Department of Public Safety to enforce the Fireworks Control Law; and

 

     (5)  Requiring the Department of Public Safety to develop and implement a statewide web-based fireworks reporting tool.

 

     Your Committee received testimony in support of this measure from the Hawaii State Fire Council, Hawaiian Humane Society, and one individual.

 

     Your Committee finds that the enforcement of the Fireworks Control Law is wanting.  Your Committee further finds that enforcement is necessary to protect property from avoidable fire damage; protect persons from fire and explosion-related injuries; minimize respiratory distress caused by the air pollution; and avoid retraumatizing persons who may be adversely impacted by loud explosions.

 

     To promote compliance with the Fireworks Control Law, your Committee finds that increasing the penalties under the Fireworks Control Law and facilitate reporting through web-based tools, as proposed by this measure, may help meet this objective.

 

     Your Committee further finds that H.B. No. 1245, H.D. 2 (Regular Session of 2021), which was previously heard by your Committee and passed by the House, is another approach to promote compliance with the Fireworks Control Law by establishing an expeditious adjudication system, similar to the adjudication system for processing traffic infractions.  Such a system would allow the Judiciary to expeditiously process violations of the Fireworks Control Law and reserve its resources for cases that require more attention.

 

     Your Committee has amended this measure by:

 

     (1)  Adding the contents of H.B. No. 1245, H.D. 2 to this measure; and

 

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

 

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 513, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 513, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

 

 

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

 

 

 

 

____________________________

AARON LING JOHANSON, Chair