A bill that would allow law enforcers and firefighters to search the premises of fireworks licensees without a warrant is making its way through the state House of Representatives.
House Bill 2193 was passed unanimously earlier this month, with amendments, by the House Committee on Judiciary and Hawaiian Affairs, and also has passed a second floor vote. It’s scheduled for a hearing at 11:30 a.m. today for potential funding by the House Finance Committee.
The bill was introduced by Rep. Gregg Takayama, a Leeward Oahu Democrat and the majority whip. Big Island lawmakers signing on to the measure are: Reps. Kirstin Kahaloa, Nicole Lowen, Mark Nakashima, Richard Onishi and David Tarnas, all Democrats. Tarnas is the Judiciary and Finance chairman.
The legislation, if passed as is, would authorize officers with police powers and firefighters to enter the premises of a licensee or permittee — without a warrant — to check for compliance with the Fireworks Control Law. It also would establish penalties for hindering the execution of a search.
In addition, HB 2193 would require licensees and permitees who hold, store, transport, sell, possess or otherwise dispose of fireworks and pyrotechnics to keep records and maintain inventories, report stolen fireworks to the director of the state Department of Law Enforcement, and authorize law enforcers or a county fire department to safely dispose of confiscated fireworks.
The Judiciary and Hawaiian Affairs committee’s amendments include items suggested by Attorney General Anne Lopez to to ensure that warrantless searches for illegal fireworks aren’t likely to be deemed unconstitutional.
They include wording on the fireworks permit or license application specifying that the application constitutes consent to inspections by law enforcers and firefighters, and that withdrawing consent for the inspections will result in the revocation of the license or permit.
Tarnas put a defective date of July 1, 3000, on the bill “to encourage further discussion,” but also requested the Finance Committee consider appropriating $1.2 million to enforce the measure, should it become law.
The Department of Law Enforcement noted that the recently formed Illegal Fireworks Task Force has confiscated almost 75 tons of illegal fireworks on Oahu, and written testimony on the legislation is overwhelmingly in support.
“For increasingly long stretches of the year, illegal fireworks fill our neighborhoods with unexpected explosions that terrorize pets and people alike,” Stephanie Kendrick of the Hawaiian Humane Society testified. “That makes it impossible for pet owners to prepare and creates sustained stress on people and animals, which can do lasting damage to their emotional, mental and physical health.”
Numerous private citizens used the words “war zone” to describe the environment caused by the illegal aerial bombardment of their neighborhoods by revelers, both during and outside the times that firecracker detonation is legal.
Nandita Sharma testified the detonation of fireworks “represents a serious diminishment of the quality of life.”
“Humans, dogs, cats, birds and every living thing is negatively affected,” Sharma wrote. “The alarming noise, the stench, and the noxious fumes are truly awful.”
Melanie Kim highlighted “the risk of fires” from fireworks, noting Hawaii is “already dealing with climate change, and prolonged dry/drought seasons which makes it easier for fires to occur.”
A companion bill, Senate Bill 2093, was shelved by the Committee on Public Safety and Intergovernmental and Military Affairs in late January.
Another pair of companion measures intended to strengthen enforcement of fireworks violations, HB 2459 and SB 3148, have not received committee hearings.
Also unscheduled for a committee hearing is HB 2706, which would establish fines for setting off fireworks without a valid permit and while a red flag warning is in effect.
Email John Burnett at jburnett@hawaiitribune-herald.com.
