REPORT TITLE: 
Fireworks


DESCRIPTION:
Allows the counties to regulate the use of non-aerial common
fireworks through the issuance of certificates of use.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            1237        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO FIREWORKS.



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

 1      SECTION 1.  Chapter 132D, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "§132D-     Certificates of use; issued by counties.  A
 
 5 county may further regulate the permissible uses of non-aerial
 
 6 common fireworks, as set forth in section 132D-3, through the
 
 7 issuance of certificates of use; provided that:
 
 8      (1)  The county enacts ordinances or adopts rules to
 
 9           regulate the issuance of certificates of use in a
 
10           reasonable manner;
 
11      (2)  A certificate of use for non-aerial common fireworks
 
12           may be issued for any quantity of fireworks; provided
 
13           that the minimum amount shall not be less than     
 
14           single units of non-aerial common fireworks;
 
15      (3)  A certificate of use may be issued no fewer than     
 
16           calendar days before the designated period for use; and
 
17      (4)  Each county may assess a reasonable fee, not exceeding
 
18           $     per certificate of use, to cover the
 
19           administrative costs associated with this section."
 

 
Page 2                                         1237        
                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 2.  Section 132D-17, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  Notwithstanding any other law to the contrary, no
 
 4 county shall enact any ordinances or adopt any rules[,]
 
 5 regulating fireworks, except as [required] provided in [section]
 
 6 sections 132D-7 [regulating fireworks.] and 132D-   .  All
 
 7 ordinances and rules regulating fireworks, adopted by a county
 
 8 before March 31, 1995, are declared null and void."
 
 9      SECTION 3.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 4.  This Act shall take effect upon its approval.
 
12 
 
13                           INTRODUCED BY:_________________________