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Fireworks
proposal denies
ban, lets counties
regulate purchases

The House draft also would make
selling or using many aerials
a felonious offense

By Mary Adamski
Star-Bulletin

The first state House fireworks proposal this legislative session would return some control to the counties but sets a permitted purchase "floor" that would stifle any effort to ban fireworks.

Rep. Eric Hamakawa (D, Hilo) last night presented to senators on the conference committee a House draft that proposes a $5,000 fee for importers and a 4,500-firecracker package limit for retailers as controls on the volume of fireworks use.

Like the Senate version introduced last month, the House proposal attempts to strengthen the existing ban on aerial fireworks by making it a Class C felony to possess, import, buy, sell or use aerials valued at more than $300.

Sen. Cal Kawamoto (D, Waipahu) said giving counties jurisdiction is a major sticking point for Senate conferees.

"County police and fire chiefs have said we need statewide control. We took it away from the counties seven years ago," he said, recalling that Oahu residents, who had a 500-unit limit, could easily get more because the Big Island had no limit.

"We have a problem with the 1,500 (firecracker) minimum ... and counties could expand on that," Kawamoto said. "I'd say we're pretty close on aerials."

The record-setting use of fireworks, including illegal aerials, last New Year's Eve led Gov. Ben Cayetano and a number of health agencies and individuals to call for a total ban. The Community Fireworks Forum set a public meeting on the bills for 7 p.m. tomorrow at the state Capitol auditorium.

Kawamoto backed away from his previous attempt to obtain a ban when he introduced the Senate draft that allows private use of fireworks for cultural and religious events. He called for a limit of 500 firecrackers per individual and sales only 24 hours in advance of the intended use. His bill allows counties to administer and enforce the state law, but not to make their own fireworks laws.

Hamakawa's version provides that:

Counties would regulate fireworks purchase by issuing certificates of use, available no less than seven days before use.

Counties could set a maximum but could not undo the 1,500-firecracker minimum. They could also decide to allow use without requiring a certificate.

No retailer could sell packets larger than 20,000 tau, about 4,600 firecrackers.

An import fee of $5,000 per shipping container must be paid to the county.

Anyone who would buy, sell, possess or set off aerial fireworks for public display must have a county permit, obtained more than 20 days in advance. Everyone else is subject to a felony charge if the retail value is over $300, and a misdemeanor count for under $300 value.

Get involved You can track bills, hearings and other Legislature action via: The Legislative Reference Bureau's public access room, state Capitol, room 401. Open 8 a.m. to 6 p.m. Monday to Friday, and 8 a.m. to 2 p.m. Saturday. Phone: 587-0478; fax, 587-0793; TTY, 538-9670. Neighbor islanders, call toll-free and enter ext. 70478 after the number: Big Island, 974-4000; Maui, 984-2400; Kauai, 274-3141; Molokai and Lanai, 468-4644. The state's daily Internet listing of hearings: http://www.capitol.hawaii.gov The Legislature's automated bill report service: 586-7000. The state's general Web page: http://www.state.hi.us Our Web site: https://archives.starbulletin.com

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