State senators decided against moving forward with a comprehensive ban on fireworks during a recent session, opting instead to substantially enhance law enforcement’s capability to investigate and prosecute fireworks-related offenses.
In the past week, various legislative measures aimed at increasing penalties for fireworks violations, boosting funding for investigations, and permitting random inspections of containers at ports have successfully passed their initial stages in the Senate.
These initiatives mark the most significant efforts to combat illegal fireworks in over twenty years. Throughout this period, numerous reports have highlighted potential actions that lawmakers, law enforcement, and prosecutors could adopt to mitigate fireworks-related issues in Hawai?i, although few of these recommendations were ever acted upon.
The Senate’s recent actions reflect a shifting political landscape regarding fireworks regulation following a tragic incident during a neighborhood gathering on New Year’s Eve, which resulted in six fatalities. Subsequent to this event, police have made ten arrests, instilling a newfound urgency among lawmakers.
“I feel like we should have done more in the past,” expressed Sen. Brandon Elefante, who chairs the committee currently spearheading fireworks legislation.
Aerial fireworks have been prohibited in Hawai?i since 2000, while most consumer fireworks, with the exception of firecrackers, have been banned on O?ahu since 2011. Elefante emphasized that the focus this legislative session is to empower law enforcement with the necessary tools to tackle fireworks-related offenses effectively.
Governor Josh Green’s administration has proposed revising the state’s fireworks laws to simplify the prosecution process and enhance penalties for violators. A key component of the governor’s proposal, encapsulated in Senate Bill 1324, involves redefining several criteria associated with fireworks in state legislation. For instance, the existing definition of an “aerial device” includes any firework containing 130 milligrams or less of explosive material that, when ignited, produces an audible or visible effect.
Law enforcement officials have noted that proving a crime under this definition can be challenging, requiring forensic analysis and expert witness testimony, and it’s complicated further if no evidence remains of the firework. “There’s no evidence to collect,” stated Deputy Attorney General Tricia Nakamatsu.
Proposed changes would redefine an aerial device to encompass any firework that launches at least 12 feet into the air followed by an explosion or fireball. According to the Attorney General’s Office, these modifications would create more straightforward definitions that generally people could testify about in court if necessary.
The proposed legislation also seeks to impose steeper penalties for certain fireworks infractions. Presently, tossing a firework from a moving vehicle is categorized equally to igniting one outside of permissible times, with a potential maximum fine of $5,000 for either violation. SB 1324 aims to establish harsher penalties for these more hazardous activities, potentially elevating offenses to a class C felony carrying a prison sentence of up to five years.
In conjunction with state proposals, the Honolulu City Council is contemplating imposing stricter penalties for the possession of illegal aerial fireworks on O?ahu. Their Bill 7 proposes classifying the ownership of 25 pounds or more of aerial devices as a class C felony, also punishable by up to five years in prison. This bill is set for its initial committee hearing soon.
Moreover, the state legislation under review would allow prosecutors to seek civil penalties alongside criminal charges, a provision that has faced some criticism from the state Office of the Public Defender. The concern is that indigent defendants who cannot afford legal representation might be without assistance in civil matters, unlike in criminal cases.
“We believe that’s frankly unconstitutional,” commented Sonny Ganaden, a deputy public defender. The office has instead endorsed other legislative efforts aimed at enhancing funding for initiatives targeting illegal aerial fireworks.
Lawmakers are enthusiastic about directing more resources to state law enforcement to combat the influx of illegal fireworks. Senate Bill 1226, which also passed its initial committee sessions last week, proposes implementing a container inspection protocol at Hawai?i harbors. Under the bill’s current draft, law enforcement would have the authority to select containers for inspection, with assessed measures to minimize disruptions to the normal flow of goods.
Concerns from harbor operators and shipping firms have previously derailed container inspection proposals, prompting senators to modify the inspection guidelines. The new initiative would recruit dogs trained to sniff out fireworks inside sealed containers, allowing detection even if the explosives are concealed at the rear of a container.
While a budget of $750,000 has been proposed for the program, it may fall short; the cost of acquiring additional dogs alone is estimated to exceed $600,000, with further expenses anticipated.
Law Enforcement Director Mike Lambert informed legislators that current expenses for shipping confiscated fireworks to the mainland for disposal amount to at least $1 million per shipment. He suggested passing disposal costs onto the fireworks importers and intended recipients in the state.
Lawmakers are also proposing additional financial resources for the department to develop a dedicated explosives unit and sustain a task force that has already confiscated over 220,000 pounds of illegal fireworks in the past two years. Lambert envisions this task force eventually tackling gun violence investigations, indicating an adaptable approach to shifting security challenges across the state.
Meanwhile, on Monday, state senators provisionally approved Senate Bill 999, which seeks to elevate fines for minor fireworks infractions and allocate funds from these penalties to the state’s general fund. However, an outright prohibition on fountains, sparklers, and firecrackers—currently allowed in most areas of Hawai?i except O?ahu—was removed from the bill.
While the Honolulu Police Department and the state Department of Law Enforcement supported the fireworks ban, retail businesses expressed concerns about the potential adverse effects on smaller enterprises that sell fireworks during holiday seasons. James Fuller, representing the fireworks industry, emphasized the industry’s support for curtailing illegal aerial fireworks while underscoring that a total ban would not effectively address the widespread issues.
“We’ve got to get illegal fireworks off the streets,” Fuller asserted. He advocated for pursuing educational initiatives rather than blanket bans that could harm safer options for consumers.
Chairman Elefante acknowledged feedback from fellow senators during the hearing, which led him to propose amendments to SB 999, resulting in the removal of the wholesale ban and the introduction of provisions for a new community safety program to be managed by local police departments.
