Hawaii-2025-HB806-Introduced

PART I

SECTION 1. The legislature finds that the widespread use of illegal fireworks poses an extreme danger and lethal risk to public health and safety, resulting in fires, serious burn injuries, and fatalities to innocent bystanders. The cost to the community far outweighs any intrinsic benefit, as numerous lives have been lost over the years from the use of illegal fireworks. The potential for wildfires in this time of climate change is a real and present danger and is a top priority on all levels of government today.

The legislature further finds that tragedies in the State, including the Aliamanu New Year's Eve explosion of 2024 that claimed at least four lives, seriously impacts entire neighborhoods in urban Honolulu and across the State. Fireworks also emit excessive smoke and other toxins into the air, making breathing difficult for thousands of Hawaii residents with respiratory ailments. Noise from loud fireworks traumatizes many residents, particularly war veterans who may suffer from post-traumatic stress from being in combat. Pets and vulnerable species in their natural habitats also suffer each holiday season when fireworks noise and environmental pollution levels are especially high.

The legislature recognizes that, with the increase in fireworks-related calls, public safety agencies are heavily strained to maintain adequate response levels for other critical emergencies, which adds to the cost of state and county resources that could be used for natural disasters and other emergencies. These agencies are often overwhelmed and are not able to stop the thousands of illegal fireworks being used, making it a death trap for thousands of innocent lives who are not involved in illegal fireworks use.

The legislature also finds that Hawaii's communities deserve to live in peace and security without the public safety risk and disruptive impact of illegal fireworks. There can be no more gray areas when lives are lost while this black market flourishes.

The legislature believes that intelligence-led policing and criminal surveillance of illegal fireworks can be effective approaches in deterring the use of illegal fireworks. An investment of funds to conduct sting operations by law enforcement to enforce fireworks ordinances or laws on Oahu is one of the first steps to effectively reducing the use of illegal fireworks in the State.

The legislature also notes that Act 84, Session Laws of Hawaii 2021, which authorizes a court to order the forfeiture of one-half of the employees' retirement system (ERS) benefits of an ERS member, former member, or retirant upon conviction of the individual for a felony related to the state or county employment of the individual, was enacted to demonstrate that the State takes the ethics of its employees seriously. This Act would similarly authorize a court to order the forfeiture of one-half of any pension benefits of an ERS member, former member, or retirant upon conviction of the individual of a felony for certain uses of prohibited fireworks to demonstrate that the State also takes the illegal distribution and use of fireworks by state employees seriously.

Accordingly, the purpose of this Act is to:

(1) Appropriate funds for the Honolulu police department and department of law enforcement to conduct sting operations on Oahu to enforce fireworks ordinances or laws; and

(2) Authorize a court to order the forfeiture of one-half of any pension of an employees' retirement system member, former member, or retirant upon conviction of the individual for a felony related to certain uses of prohibited fireworks.

PART II

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $500,000 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 the Honolulu police department to conduct sting operations on Oahu to enforce chapter 132D, Hawaii Revised Statutes, and chapter 20, article 6, Revised Ordinances of Honolulu.

The sums appropriated shall be expended by the city and county of Honolulu for the purposes of this Act.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $500,000 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 the department of law enforcement to conduct sting operations on Oahu to enforce chapter 132D, Hawaii Revised Statutes.

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

PART III

SECTION 4. Chapter 88, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§88- Forfeiture of benefits; fireworks. (a) If a member, former member, or retirant is convicted of a felony under section 132D-14, the court may decree pursuant to section 706‑605(8) a civil penalty of forfeiture by the member, former member, or retirant of one-half of any pension to which the member, former member, or retirant may otherwise be entitled under this chapter; provided that upon the death of the member, former member, or retirant, the designated beneficiary of the member, former member, or retirant may receive the reduced benefits to which the member, former member, or retirant would be entitled under this section; provided further that a designated beneficiary who is also convicted of a felony based on the same set of circumstances as the member, former member, or retirant who were subject to civil penalty under this section, shall not receive any benefits.

(b) Upon receipt of a certified copy of the order decreeing forfeiture, the system shall comply with the order and shall reduce, suspend, or deny payment to the member, former member, retirant, or designated beneficiary, if applicable, as provided in the order until such time as the system receives a certified order to:

(1) Increase, resume, or make payments to the member, former member, retirant, or designated beneficiary; or

(2) Quash or reverse the decree of forfeiture.

The system shall not be required to make inquiry into the propriety of the order decreeing forfeiture or recoup any payments made to the member, former member, retirant, or designated beneficiary prior to receipt by the system of the order decreeing forfeiture.

(c) This section shall not impair or diminish benefits accrued prior to the effective date of Act , Session Laws of Hawaii 2025.

(d) This section shall not apply to felonies committed prior to the effective date of Act , Session Laws of Hawaii 2025.

(e) This section shall not apply to accrued retirement benefits that are non-forfeitable pursuant to sections 88-73(f), 88-281(g), and 88-331(f)."

PART IV

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval; provided that part II of this Act shall take effect on July 1, 2025.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	806
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII