STAND. COM. REP. NO.  1170

 

Honolulu, Hawaii

                , 2019

 

RE:   H.B. No. 89

      H.D. 2

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred H.B. No. 89, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO FIREWORKS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to safeguard the public from illegal fireworks by:

 

     (1)  Establishing criminal liability for property owners who recklessly allow others to possess, set off, ignite, or otherwise cause to explode any aerial device while on their property; and

 

     (2)  Clarifying that probable cause for arrest for fireworks offenses may be:

 

          (A)  Based on statements from witnesses and photographs, video recordings, and other recordings authenticated by witnesses; and

 

          (B)  Established through recordings made by unmanned aerial vehicles without the requirement for authentication.

 

     The Hawaii State Fire Council, Honolulu Fire Department, Honolulu Police Department, Animal Rights Hawaii, and several individuals testified in support of this measure.  An individual testified in opposition to this measure.  The Department of the Attorney General provided comments.

 

     Your Committee has amended this measure by:

 

     (1)  Expanding the liability to a homeowner, renter, or person otherwise responsible for the real property in question;

 

     (2)  Clarifying the state of mind element to include intentionally, knowingly, or recklessly allowing an individual to possess, set off, ignite, or otherwise cause to explode any aerial device while on the real property; and

 

     (3)  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. 89, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 89, H.D. 2.

 

 

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

 

 

 

 

____________________________

CHRIS LEE, Chair