Bills signed into law Friday by Gov. Josh Green would crack down on aerial fireworks and disaster charity fraud during emergencies, reestablish a state fire marshal and help those with limited English proficiency to navigate both emergency evacuations and relief available in the wake of disaster.
The legislative package was prompted by the devastating wildfires on Maui and the Big Island on Aug. 8, 2023, that left more than 100 dead and thousands unsheltered on the Valley Isle.
The governor highlighted four bills, all disaster-related, he signed during a press conference at the state capitol in Honolulu.
“This is all a part of a greater whole,” said Green. “The Legislature fought hard to make sure there was enough resources for recovery.
“At one point, we had 3,071 households in hotels. This morning, it was four households and 13 people,” he added.
Green said more than 88% of the debris has been cleared from residential structure fires in the Lahaina area.
“But how do we stop the next fire from occurring, and how do we go forward?” he asked, implying the measures signed into law will help prevent fires as well as prepare authorities for the aftermath when a catastrophic blaze occurs.
• House Bill 2193 authorizes law enforcement and fire officers to enter and inspect any licensee’s or permittee’s premises, under certain conditions, and confiscate illegal fireworks. It also requires licensees to keep accurate records and to report any theft of fireworks or missing fireworks.
“We’re not messing around anymore,” Green said. “With the combination of very dry land, with climate change plus what we’ve experienced, I hope everyone will now work with law enforcement to not use these illegal aerials.”
• SB 2693 makes disaster charity fraud during a time of emergency a felony.
“Some people are true bastards when a disaster occurs,” said Green. “And they go and they take advantage of other people who have just lost their livelihoods.”
The governor praised the work of Maui Strong and the Hawaii Community Foundation, and then added, “but there were other people who were gaming the system and were raising money for purposes that had nothing to do with helping those who were struggling and wrestling with the trauma they faced.”
Those convicted of disaster charity fraud during an emergency could be subject to a Class B felony, punishable by up to 10 years in prison, or a Class C felony, punishable by up to five years behind bars, depending upon the severity of the offense.
State Sen. Angus McKelvey, a Maui Democrat whose Lahaina condominium was destroyed by the fire, said he “can’t reiterate what the governor said enough.”
“If you come into Hawaii with fraud as an intention, you will pay the price,” McKelvey said. “We have seen so many families who have suffered so much … hell. And when people give money, they’re relying on the fact that the money they give is going to be in the hands of the very victims, … not going to enrich those for other purposes.”
McKelvey said the fraud “jeopardizes giving during emergencies.”
“When you think your money is going to God knows what, and not to the very victims whose faces you see on television, the next time a disaster comes and there’s a plea for help, you may not give,” he said.
• SB 2085 reestablishes a state fire marshal, appointed by the State Fire Council for a five-year term. The bill appropriates $172,000 for the current fiscal year to fund the state fire marshal position, support staff and related operational costs, effective immediately.
“All the other states have this,” Green said. “We need it more than ever … to coordinate statewide fire protection efforts, to work with our fire chiefs, to make sure we’re working on the proper fire code amendments that meet our needs in the future (and) overseeing all the training and certifications that have to be in place.
“It’s a new era, where fires and fire safety is going to be central to what governments all across the country do.”
Hawaii County Fire Chief Kazuo Todd, who was present, described the bill signings as “a wonderful day” and the reestablishment of a fire marshal “something we’ve been lacking for almost four decades now.”
“This position will make a difference … by allowing us to have someone at the state level focused in on these problems that are currently plaguing our state,” he said.
• HB 2107, introduced by Rep. Greggor Ilagan of Puna with fellow Big Island Democratic Rep. Kirstin Kahaloa as a co-signer, designates a language coordinator for the Hawaii Emergency Management Agency to help those with limited English proficiency access resources during emergencies. The new law allocates $200,000 for the current fiscal year.
“There were a lot of Filipino families in Lahaina who lost their homes, or renters who were displaced — and we had to communicate more than ever with those individuals, amongst others, to get (them) resources,” said Green. He described navigating the various government resources available to those individuals as “a very complicated labyrinth.”
“It’s difficult if you’re displaced, even if you’re Angus, who’s a senator,” he continued, referring to McKelvey. “It was so hard to find the right path to resources, a lot of times.”
Email John Burnett at [email protected].
