SB 1226: RELATING TO FIREWORKS.

A BILL FOR AN ACT

RELATING TO FIREWORKS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds the destruction and devastation that the setting-off of unpermitted fireworks has had on the people of the State, including multiple deaths and critical injuries of dozens more that occurred on New Year's Eve, December 31, 2024.  The legislature recognizes that hundreds of thousands of residents have been traumatized in their homes, along with their pets, by excessive noise, smoke, and airborne debris, often for multiple days during the month of December and at all hours.  Their personal safety and private property has also been threatened.  The State's emergency response personnel and hospitals are equally burdened by reckless and illegal fireworks activity.

     The legislature further finds that many of the State's residents do not support illegal fireworks being ignited in their neighborhoods.  The people in the State and their communities deserve to live in peace and security, without the public safety risk and disruptive impact of illegal fireworks.

     The legislature also finds that, in an effort to address the problem of illegal fireworks, the legislature passed Act 170, Session Laws of Hawaii 2010, which established the illegal fireworks task force to develop strategies and make recommendations to address the illegal importation and use of fireworks in the State.  Among other things, the task force recommended increasing random inspections for illegal fireworks by expanding inspection authority and focusing cargo inspections to make the inspections more manageable.

     Subsequently, pursuant to Act 184, Session Laws of Hawaii 2019, the legislative reference bureau updated the findings and recommendations of the Report of the Illegal Fireworks Task Force to the Legislature for the Regular Session of 2011.  The 2019 legislative reference bureau report, Blast from the Past:  An Update to the Report of the Illegal Fireworks Task Force to the Legislature for the Regular Session of 2011, indicated that the "majority of respondents to the [Legislative Reference] Bureau's Survey appeared to agree that the issues and challenges presented by the Task Force in its 2011 report remain relevant today".  In 2023, pursuant to Act 67, Session Laws of Hawaii 2023, an illegal fireworks task force was established within the newly created department of law enforcement to, using the findings from the 2019 report, develop "a comprehensive strategic plan to stop the importation of illegal fireworks and explosives into Hawaii; promote compliance with the state fireworks control laws; and ensure the safety and security of the airports, harbors, and other facilities and institutions in the State against the discharge of illegal fireworks and explosives".

     The legislature understands this is a complex issue that will require collaboration from many people and agencies.  The intent of this Act is not to attempt to change or diminish the job duties of department of transportation employees who currently have inspection responsibilities, nor is it attempting to interfere with existing collective bargaining agreements.  The legislature finds it is important to safeguard the health and safety of those in the State.  The use of illegal fireworks often leads to serious, permanent bodily injury, death, and causes stress and anxiety for those living with post-traumatic stress disorder.

     The purpose of this Act is to address the illegal importation and use of fireworks in the State by:

     (1)  Establishing a shipping container inspection program to conduct random and risk-based inspections of shipping containers arriving in the State for illegal fireworks, including the use of fireworks sniffing dogs to inspect the containers; and

     (2)  Appropriating funds to the department of law enforcement for the effective detection, safe storage, and disposal of illegal fireworks.

     SECTION 2.  Chapter 266, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§266‑    Shipping container inspection program.  (a)  The department of law enforcement, in collaboration with the department of transportation, and any other state or federal agencies, including any of the United States armed services, and private organizations involved with shipping cargo into the State, shall develop and implement a program to conduct random and risk-based inspections of shipping containers arriving in the State for illegal fireworks being brought into the State.  The program shall begin as soon as is practical but no later than July 1, 2027.

     (b)  The shipping container inspection program shall:

     (1)  Include the use of fireworks- or explosive-sniffing dogs to inspect incoming shipping containers to the greatest extent reasonable at a designated secure site, and if logistically necessary, located away from a commercial harbor;

     (2)  Prioritize resources toward high-risk containers over low-risk containers.  For the purposes of this paragraph, "low-risk container" means shipping containers containing goods to be delivered to the military, state or county agencies, and businesses registered to do business in the State that are determined to be in good standing by the department of commerce and consumer affairs;

     (3)  Inspect all shipping containers containing legal fireworks using personnel who are able to distinguish legal fireworks from illegal fireworks at a designated secure site and, if logistically necessary, located away from a commercial harbor; and

     (4)  Balance safety concerns with commercial interests to avoid increases in consumer costs.

     (c)  The department of law enforcement shall coordinate and conduct the random inspection of shipping containers pursuant to this section.  The Hawaii national guard may be utilized to assist in the random inspection of shipping containers.

     (d)  Any container identified by the department of law enforcement as requiring additional inspection for possible illegal fireworks shall be inspected by the appropriate bargaining unit employees and shall not be performed by a contractor or subcontractor.

     (e)  The department of law enforcement and department of transportation shall designate a secure site, outside the immediate port area, where container inspections pursuant to this section shall occur, in order to not impede port activities including the moving of containers.

     (f)  The department of law enforcement shall retain responsibility for securing any illegal goods recovered in accordance with this section.

     (g)  Employees of the department of law enforcement and department of transportation shall be immune from liability in their personal capacity if damages occur when acting in accordance with this section.  Except for any illegal commodities, any damages to container goods shall be borne by the State.

     (h)  The department of law enforcement may request funding from federal sources for homeland security and port security measures and work with the United States military to secure other funding sources for the purposes of the program.

     (i)  The department of law enforcement shall adopt rules in accordance with chapter 91 for the purposes of this section."

     SECTION 3.  No later than forty days prior to the convening of the regular sessions of 2026 and 2027, the department of law enforcement shall submit to the legislature reports on the implementation of the shipping container inspection program established pursuant to this Act.  The reports shall include findings and recommendations, including costs expended to date, the estimated cost of operating the program, and any proposed legislation.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $750,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for costs to establish and administer the shipping container inspection program, including the purchase, care, and handling of at least two fireworks- or explosive-sniffing dogs.

     The sums appropriated shall be expended by the department of law enforcement for the purposes of this Act.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2050.

Report Title:

DLE; DOT; Illegal Fireworks; Shipping Container Inspection Program; Reports; Appropriations

Description:

Establishes the Shipping Container Inspection Program.  Requires the Department of Law Enforcement to submit reports to the Legislature on implementation of the Shipping Container Inspection Program.  Exempts employees of the Department of Transportation and DLE from personal liability under certain conditions.  Requires any damages to container goods be borne by the State.  Requires DLE and DOT to designate a site outside of the immediate port area to conduct inspections.  Require the DLE to secure all illegal goods.  Appropriates funds.  Effective 7/1/2050.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to fireworks.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature recognizes the destruction and devastation that the setting-off of unpermitted fireworks has had on the people of Hawaiʻi, including multiple deaths and critical injuries of dozens more that occurred on New Year's Eve, December 31, 2024.  The legislature finds that hundreds of thousands of residents have been traumatized in their homes, along with their pets, by excessive noise, smoke, and airborne debris, often for multiple days during the month of December and at all hours.  Their personal safety and private property are also threatened.  Hawaiʻi's emergency response personnel and hospitals are equally burdened by reckless and illegal fireworks activity.

     The legislature further finds that many of Hawaiʻi's residents do not support illegal fireworks being ignited in their neighborhoods.  The people in the State and their communities deserve to live in peace and security, without the public safety risk and disruptive impact of illegal fireworks.

     The legislature also finds that, in an effort to address the problem of illegal fireworks, the legislature passed Act 170, Session Laws of Hawaii 2010, which established the illegal fireworks task force to develop strategies and make recommendations to address the illegal importation and use of fireworks in the State.  Among other things, the task force recommended increasing random inspections for illegal fireworks by expanding inspection authority and focusing cargo inspections to make the inspections more manageable.

     Subsequently, pursuant to Act 184, Session Laws of Hawaii 2019, the legislative reference bureau updated the findings and recommendations of the Report of the Illegal Fireworks Task Force to the Legislature for the Regular Session of 2011.  The 2019 legislative reference bureau report, Blast from the Past:  An Update to the Report of the Illegal Fireworks Task Force to the Legislature for the Regular Session of 2011, indicated that the "majority of respondents to the [Legislative Reference] Bureau's Survey appeared to agree that the issues and challenges presented by the Task Force in its 2011 report remain relevant today".  In 2023, pursuant to Act 67, Session Laws of Hawaii 2023, an illegal fireworks task force was established within the newly created department of law enforcement to, using the findings from the 2019 report, develop "a comprehensive strategic plan to stop the importation of illegal fireworks and explosives into Hawaii; promote compliance with the state fireworks control laws; and ensure the safety and security of the airports, harbors, and other facilities and institutions in the State against the discharge of illegal fireworks and explosives".

     The legislature understands this is a complex issue that will require collaboration from many people and agencies.  The intent of this Act is not to attempt to change or diminish the job duties of department of transportation employees who currently have inspection responsibilities, nor is it attempting to interfere with existing collective bargaining agreements.  The legislature finds it is important to safeguard the health and safety of those in Hawaiʻi.  The use of illegal fireworks often leads to serious, permanent bodily injury, death, and causes stress and anxiety for those living with post-traumatic stress disorder.

     The purpose of this Act is to address the illegal importation and use of fireworks in the State by:

     (1)  Establishing a shipping container inspection program to randomly inspect shipping containers arriving in the State for illegal fireworks and explosives, including the use of fireworks- or explosive-sniffing dogs to inspect the containers; and

     (2)  Appropriating funds to the department of law enforcement for the effective detection, safe storage, and disposal of illegal fireworks.

     SECTION 2.  Chapter 266, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§266‑    Shipping container inspection program.  (a)  The department of law enforcement, in collaboration with the department of transportation, and any other state or federal agencies, including any of the United States armed services, and private organizations involved with shipping cargo into the State, shall develop and implement a program to randomly inspect shipping containers arriving in the State for illegal fireworks and explosives being brought into the State.  The program shall begin no later than October 1, 2025.

     (b)  The shipping container inspection program shall:

     (1)  Include the use of fireworks- or explosive-sniffing dogs to inspect incoming shipping containers to the greatest extent reasonable at a designated secure site, and if logistically necessary, located away from a commercial harbor;

     (2)  Prioritize resources toward high-risk containers over low-risk containers.  For the purposes of this paragraph, "low-risk container" means shipping containers containing goods to be delivered to the military, state or county agencies, and businesses registered to do business in the State that are determined to be in good standing by the department of commerce and consumer affairs;

     (3)  Inspect all shipping containers containing legal fireworks using personnel who are able to distinguish legal fireworks from illegal fireworks at a designated secure site and, if logistically necessary, located away from a commercial harbor; and

     (4)  Balance safety concerns with commercial interests to avoid increases in consumer costs.

     (c)  The department of law enforcement shall coordinate and conduct the random inspection of shipping containers pursuant to this section.  The Hawaii national guard may be utilized to assist in the random inspection of shipping containers.

     (d)  Any container identified by the department of law enforcement as requiring additional inspection for possible illegal fireworks shall be inspected by the appropriate bargaining unit employees and shall not be performed by a contractor or subcontractor.

     (e)  The department of law enforcement may request funding from federal sources for homeland security and port security measures and work with the United States military to secure other funding sources for the purposes of the program.

     (f)  The department of law enforcement shall adopt rules in accordance with chapter 91 for the purposes of this section."

     SECTION 3.  No later than forty days prior to the convening of the regular sessions of 2026 and 2027, the department of law enforcement shall submit to the legislature reports on the implementation of the shipping container inspection program established pursuant to this Act.  The reports shall include findings and recommendations, including costs expended to date, the estimated cost of operating the program, and any proposed legislation.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $750,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for costs to establish and administer the shipping container inspection program, including the purchase, care, and handling of at least two fireworks- or explosive-sniffing dogs.

     The sums appropriated shall be expended by the department of law enforcement for the purposes of this Act.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2025.

Report Title:

DLE; Illegal Fireworks; Department of Transportation; Shipping Container Inspection Program; Report; Appropriations

Description:

Establishes the Shipping Container Inspection Program.  Requires the Department of Law Enforcement to submit reports to the Legislature on implementation of the Shipping Container Inspection Program.  Appropriates funds.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 239

Honolulu, Hawaii

RE:    S.B. No. 1226

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Transportation and Culture and the Arts and Public Safety and Military Affairs, to which was referred S.B. No. 1226 entitled:

"A BILL FOR AN ACT RELATING TO FIREWORKS,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Establish the Shipping Container Inspection Program;

     (2)  Require the Department of Law Enforcement to submit reports to the Legislature on implementation of the Shipping Container Inspection Program; and

     (3)  Appropriate funds.

     Your Committees received testimony in support of this measure from the Hawaiian Humane Society and eighteen individuals.

     Your Committees received testimony in opposition to this measure from the Libertarian Party of Hawaii, Hawaiʻi Harbors Users Group, Retail Merchants of Hawaii, and two individuals.

     Your Committees received comments on this measure from the Department of Law Enforcement and Department of the Attorney General.

     Your Committees find that many of the State's residents do not support illegal firework usage in their neighborhoods.  Every year, hundreds of thousands of residents are traumatized in their homes, along with their pets, by excessive noise, smoke, and airborne debris, often for multiple days during the month of December.  Your Committees acknowledge the complex issue of illegal firework enforcement, but believes that it is important to safeguard the health and safety of those in Hawaii.  To address the dangerous impact that illegal fireworks have on local communities, this measure will establish a Shipping Container Inspection Program, to provide proper support for law enforcement to detect, store, and dispose of illegal fireworks.

     Accordingly, your Committees have amended this measure by:

     (1)  Specifying that the Department of Law Enforcement may conduct risk-based inspections in addition to random inspections;

     (2)  Deleting references to "explosives" in the Shipping Container Inspection Program;

     (3)  Amending the start date of the Program to be no later than July 1, 2027, but as soon as is practical;

     (4)  Tasking the Department of Law Enforcement and Department of Transportation to designate a secure site, outside the immediate port area to conduct inspections;

     (5)  Clarifying that the Department of Law Enforcement is responsible for securing any illegal goods recovered under the inspection program;

     (6)  Granting employees of the Department of Transportation and Department of Law Enforcement qualified immunity if damages occur in the performance of their duties;

     (7)  Specifying that except for any illegal commodities, any damages to container goods shall be borne by the State;

     (8)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

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

     As affirmed by the records of votes of the members of your Committees on Transportation and Culture and the Arts and Public Safety and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1226, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1226, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Transportation and Culture and the Arts and Public Safety and Military Affairs,