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Associated Press
11-02-2025
- Politics
- Associated Press
Hawaii lawmakers seek tougher fireworks enforcement, but no statewide ban
State senators declined to move forward with a statewide ban on all fireworks on Monday, and instead are working to significantly strengthen law enforcement's ability to investigate and prosecute fireworks cases. Within the last week, measures to increase fireworks penalties, boost funding for investigations and allow for the random inspection of containers at the ports have all cleared their initial hurdles in the Senate. Together, the measures represent the most significant steps to crack down on illegal fireworks that legislators have taken in more than two decades. Over those years, a series of reports outlined steps that lawmakers, law enforcement agencies and prosecutors could take to curtail fireworks in Hawaiʻi, but those recommendations were rarely acted on. The moves this week in the Senate show how dramatically the politics of policing fireworks changed after an explosion at a neighborhood fireworks display on New Year's Eve left six dead. Police have so far made 10 arrests. The incident gave lawmakers a new sense of urgency. 'I feel like we should have done more in the past,' said Sen. Brandon Elefante, chairman of the committee primarily responsible for advancing fireworks bills this year. Aerial fireworks have been illegal in Hawaiʻi since 2000, and most consumer fireworks except for firecrackers have been outlawed on Oʻahu since 2011. Elefante said that he and other senators are focused this session on giving law enforcement officials the tools they need to pursue fireworks-related cases. Gov. Josh Green's administration has also proposed rewriting fireworks laws to make it easier for prosecutors to bring criminal cases and enhancing penalties for offenders. The most significant part of the governor's proposal under Senate Bill 1324 changes various fireworks-related definitions in the state's laws. For example, the current definition of an 'aerial device' is a firework with 130 milligrams or less of explosive material that, when ignited, produces an audible or visible effect. Law enforcement officials said that definition requires forensic testing and the testimony of expert witnesses to prove a crime occurred. And that's assuming there's anything left of the device to test. It's particularly a problem 'if the firework has already gone up. There's no evidence to collect,' Deputy Attorney General Tricia Nakamatsu told lawmakers. Under the proposed changes, an aerial device would be defined as anything that shoots at least 12 feet into the air and explodes or emits fireballs. The Attorney General's Office said the bill creates 'common sense' standards that most people would be able to testify about in court if called upon. The bill also increases penalties for some fireworks violations. Under the current law, throwing a firework out of a moving car is treated the same as igniting one outside of designated times. Both could only be punished with a fine of up to $5,000. SB 1324 would create higher penalties for more dangerous acts and raise penalties up to a class C felony, punishable by up to five years in prison. Honolulu City Councilmembers are also considering stricter penalties for people who have illegal aerials on Oʻahu. Their Bill 7 would make possession of 25 pounds or more of aerial devices a class C felony, punishably by up to five years in prison. It is scheduled for its first committee hearing on Thursday. The state measure under consideration would also allow prosecutors to pursue civil fines in addition to criminal charges. However, that provision drew opposition from the state Office of the Public Defender. Indigent defendants who can't afford an attorney would be assigned a public defender in a criminal case, but would not get representation in a civil case. 'We believe that's frankly unconstitutional,' said Sonny Ganaden, a deputy public defender. The office instead supported lawmakers' other efforts to fund initiatives aimed at cracking down on illegal aerials. More Resources For Officers Lawmakers appear keen to funnel more resources to state law enforcement to stem the flow of illegal fireworks into the state. Senate Bill 1226, which also cleared its first round of committee hearings last week, would institute a container inspection program at harbors in Hawaiʻi. Under the current draft of the bill, the law enforcement department would have discretion over which containers to inspect. Once a container is selected, it would be sequestered from the rest of the port to avoid disrupting the normal flow of container goods carrying essential items to store shelves. Senators made that change in part because harbor users and shipping companies had objected to past container inspection proposals. The proposed new inspection program would utilize dogs who can smell fireworks within closed containers. In cases where the explosives are hidden at the back of a container, the dogs could detect the scent once the doors are opened. Senators have asked for $750,000 for the program, but the department said that may not be enough. Two more dogs alone could cost more than $600,000, and more costs are expected. Law Enforcement Director Mike Lambert told lawmakers that the state currently spends at least $1 million every time it needs to ship a full container of confiscated fireworks to the mainland for disposal. He asked them to pass those costs on to the fireworks importers and intended in-state recipients. Lawmakers are proposing additional funding for the law enforcement department to create a new explosives unit and continue a task force that has already seized more than 220,000 pounds of illegal fireworks in the last two years. Lambert said that he eventually wants the task force and explosives unit to take up gun violence investigations and envisions its future as a state-level version of the Bureau of Alcohol, Tobacco, Firearms and Explosives. 'As the issues switch throughout the state, we'd have the latitude to move between fireworks and firearms,' Lambert said. Russell Fong, the department's finance officer, said that the new unit would cost about $5 million in its first year of operation and $3.2 million in its second. The unit would be staffed with eight investigators and one clerk. Included in those first-year costs are $2.1 million for an explosives testing lab. Consumer Fireworks Survive On Monday, state Senators gave preliminary approval to a measure, Senate Bill 999, that would increase fines for minor fireworks offenses and divert funds from fireworks penalties to the state's general fund. However, language to outlaw the fountains, sparklers and firecrackers that are currently permitted on Hawaiian islands except for Oʻahu was struck from the bill. The Honolulu Police Department and the state Department of Law Enforcement supported the ban, saying it might deter fireworks users. But the bill was opposed by retailers who say the ban would impact small businesses that sell fireworks around the holiday season. James Fuller, who represents the pyrotechnic industry, said that fireworks producers and retailers support a crackdown on illegal aerials and measures to increase resources for law enforcement. But the original draft of SB 999 went too far. 'We've go to get illegal fireworks off the streets,' Fuller told Civil Beat. 'Banning all fireworks … does not represent a fix to that challenge.' Consumer fireworks give people an alternative to popping aerials, and don't carry the same risks of fire or the noise that disturbs people and their pets on New Year's, Fuller said. He encouraged Hawaiʻi officials to instead pursue educational campaigns that remind fireworks enthusiasts to keep sources of water nearby, to not light fireworks near flammable structures and to keep the audience at a safe distance. Elefante, chairman of the Senate Public Safety and Military Affairs Committee, said he proposed changes to the bill after hearing concerns about the original draft from other senators. At the hearing Monday, the public safety committee voted to remove language from SB 999 regarding an outright ban on all fireworks. Senators also included provisions for a new community safety program, which would be run by county police departments. ___
Yahoo
06-02-2025
- Politics
- Yahoo
Woman, 30, is sixth to die from Aliamanu fireworks
A sixth person died Wednesday morning after suffering critical injuries at an Aliamanu New Year's party when a stockpile of illegal aerial fireworks detonated at 12 :01 a.m. in an explosion that also injured dozens. At about 5 :59 a.m. Wednesday, the 30-year-old woman. She is the 'sixth death in this incident, ' according to Honolulu police, and has not been identified. The woman died the same day state on several proposals designed to help law enforcement combat the proliferation of illegal aerial fireworks. Gov. Josh Green proposes issuing $300 citations to those caught with illegal fireworks and felony charges for fireworks incidents that lead to injuries or death. House Bill 1005 and Senate Bill 1324 would make selling illegal fireworks that injure or kill someone a Class B felony with up to 10 years in prison and a $10, 000 fine. The bills also call for enhanced penalties and new legal language aimed at easing 'the standard of proof ' to allow citations and make enforcement easier. A bill before the state Senate, Senate Bill 999, would repeal 'all permissible uses of consumer fireworks ' and make conforming amendments to the Fireworks Control Law. The measure establishes $500 civil penalties for the 'use and sale of consumer fireworks, ' including nuisance abatement proceedings and forfeiture of assets used in the commission of the illegal use or sale of consumer fireworks. Don 't miss out on what 's happening ! Stay in touch with breaking news, as it happens, conveniently in your email inbox. It 's FREE ! Email 28141 Sign Up By clicking to sign up, you agree to Star-Advertiser 's and Google 's and. This form is protected by reCAPTCHA. The bill would set up a Firework Forfeiture Special Fund to deposit 'asset forfeiture proceeds ' and to provide for community 'safety education ' programs that would ban all consumer fireworks by prohibiting their sale and use. State lawmakers banned all aerial fireworks in 2000, except for official public displays. The Honolulu City Council banned all fireworks except for firecrackers in 2011. On Friday afternoon, after they allegedly let their minor children set off illegal fireworks at the Aliamanu house party. A total of 10 people have now been arrested in connection with the deadliest fireworks explosion in Hawaii since April 7, 2011. In that incident, and two were injured after a fire ignited confiscated illegal aerial fireworks in an underground former military munitions bunker in Waikele. Demi Alyssa Mendoza, 31, and Dao Rin, 32, were arrested on suspicion of first-degree reckless endangerment, first-degree endangering the welfare of a minor and three fireworks offenses. The couple allegedly allowed their 9-and 11-year-old children to play with illegal fireworks, according to Honolulu police. Michael Jr. Reyes Cabato, 29, and Aidalys Britanee P. Pe Benito, 28, the parents of a 1-year-old, were also arrested. Cabato was arrested on suspicion of endangering the welfare of a minor and three fireworks offenses, and the 28-year-old woman was arrested on suspicion of endangering the welfare of a minor. None of the children of Friday were wounded in the deadly blast. A 'cake ' filled with about 50 individual cartridges of aerial fireworks fell on its side and shot into two crates of fireworks, setting off a large explosion at about 12 :01 a.m. Jan. 1 that was recorded by eyewitnesses and drones, shared online and broadcast on television. More arrests, charges and a joint investigation with federal law enforcement agencies into the source of the illegal fireworks are ongoing. The U.S. Department of Justice's Bureau of Alcohol Tobacco, Firearms and Explosives would be among the federal agencies assisting HPD, police have said. Investigators seized more than 500 pounds of unexploded illegal fireworks from cars belonging to guests attending the party and in the carport of the home where the blast occurred at 4144 Keaka Drive. Four people arrested on Jan. 29 were released pending investigation.
