Representative Jon Riki Karamatsu
Floor Speech
Senate Bill 1059, Senate Draft 2, House Draft 3, Conference Draft 1
Relating to Fireworks
Tuesday, April 27, 2010
58th Day, Final Reading
Mr. Speaker, I rise in opposition.
In regards to setting off fireworks in Hawaii, it is unfortunate there are individuals who break the law because their wrong-doings has given a lot of momentum for those in our community who want to ban fireworks completely. We already have stiff criminal penalties for those who disobey our fireworks laws. Now, we are going further as there is another bill that would take away real properties of those who violate our illegal fireworks laws comparable to the law that takes away real property of those who manufacture illegal drugs.
I support the section of the bill that would create an illegal fireworks task force to stop the importation of illegal fireworks and explosives. This was the original intent of this measure until it was hijacked by a House floor amendment that added another section to the bill that would allow counties to enact ordinances regulating fireworks that are more stringent than state law, which could result in different laws in the various counties making it more difficult to enforce. It is for this reason that I oppose this measure. We already had such a law in the past allowing home rule ordinances differing with each other on what fireworks were legal. Once the fireworks were imported into the state, there was a proliferation of smuggling of fireworks between the counties. This was the unintended consequences when that law was enacted. Rather, I believe our fireworks laws should be applied fairly throughout the state. Besides, criminal law is best enforced uniformly statewide as reflected in our criminal statutes and case law. As chair of the Judiciary committee, my duty to this body is to inform it of any bill’s unintended consequences. My second duty is to ensure laws are fairly applied.
I want to note that many of the complaints by Hawaii residents on fireworks are already illegal such as individuals setting off fireworks outside of the times permitted by law. Currently, fireworks can only be set off from 9:00 p.m. on New Year’s Eve to 1:00 a.m. on New Year’s Day; from 7:00 a.m. to 7:00 p.m. on Chinese New Year’s Day; and from 1:00 p.m. to 9:00 p.m. on the Fourth of July; or from 9:00 a.m. to 9:00 p.m. as allowed by permit pursuant to Hawaii Revised Statutes section 132D-10. Other than theses legal time slots, there is a ban on setting off fireworks. To resolve this problem of popping fireworks outside of the times permitted by law, we need to work together by abiding by the law, supervising our children and teenagers to do the same, and reporting to law enforcement agencies.
A second concern for Hawaii residents regarding fireworks is the amount of illegal fireworks being exploded, especially the really loud ones that shake our homes and cars. The illegal fireworks task force would be mandated to look into ways we can prevent illegal fireworks from entering our state. And again, we must follow the law, make sure our children do the same, and report to law enforcement agencies on any use of illegal fireworks.
Personally, I enjoy the beauty of fireworks and sharing the experience with my family and friends. It has been a tradition in Hawaii for many years for families to pop fireworks on New Year’s Eve and New Year’s Day for good luck for themselves and their loved ones, to bless their property, and to ward off evil spirits for the New Year. I believe our current law regarding fireworks is already strong but needs to be followed and better enforced by all of us with the assistance of our law enforcement agencies. I wish the original bill was left intact with the task force aimed at stopping illegal fireworks, but with the amendment allowing counties to enact more strict standards on fireworks than state law, I cannot support it.
Thank you.
JON RIKI KARAMATSU 