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.           H.D.1         
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     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 an ordinance to regulate the issuance
 
 9           of certificates of use in a reasonable manner;
 
10      (2)  A certificate of use for non-aerial common fireworks
 
11           may be issued for any quantity of fireworks; provided
 
12           that the minimum amount shall not be less than 1,800
 
13           single units of non-aerial common fireworks;
 
14      (3)  A certificate of use shall be issued no fewer than five
 
15           calendar days before the designated period for use; and
 
16      (4)  Each county may assess a reasonable fee, not exceeding
 
17           $5 per certificate of use, to cover the administrative
 
18           costs associated with this section."
 
19      SECTION 2.  Section 132D-17, Hawaii Revised Statutes, is
 
20 amended by amending subsection (b) to read as follows:

 
Page 2                                                     1237
                                     H.B. NO.           H.D.1
                                                        
                                                        

 
 1      "(b)  Notwithstanding any other law to the contrary, no
 
 2 county shall enact any ordinances or adopt any rules[,]
 
 3 regulating fireworks, except as [required] provided in [section]
 
 4 sections 132D-7 [regulating fireworks.] and 132D-   .  All
 
 5 ordinances and rules regulating fireworks, adopted by a county
 
 6 before March 31, 1995, are declared null and void."
 
 7      SECTION 3.  Section 132D-7, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "[[]§132D-7[]]  License or permit required.  [(a)]  It shall
 
10 be unlawful for any person to [import]:
 
11      (1)  Import any fireworks into the State, to store, offer to
 
12           sell, or sell, at wholesale or retail any fireworks,
 
13           unless the person has a valid license issued by the
 
14           department[.]; or
 
15      [(b) It shall be unlawful for any person to]
 
16      (2)  Possess, set off, ignite, or discharge aerial common or
 
17           special fireworks at any time or to set off, ignite, or
 
18           discharge non-aerial common fireworks at any time other
 
19           than the periods for use prescribed in section
 
20           132D-3(1) in any county unless the person has a valid
 
21           permit issued by the county in which the permitted
 
22           activity is to occur."
 
23      SECTION 4.  Section 132D-10, Hawaii Revised Statutes, is
 

 
Page 3                                                     1237
                                     H.B. NO.           H.D.1
                                                        
                                                        

 
 1 amended to read as follows:
 
 2      "[[]§132D-10[]]  Permits.  A permit shall be required for
 
 3 [the purchase, setting off, ignition, or discharge of]:
 
 4      (1)  [Any] The purchase, setting off, ignition, or discharge
 
 5           of any non-aerial common fireworks when the proposed
 
 6           date of the use of the fireworks is not within the
 
 7           periods prescribed in section 132D-3(1); and
 
 8      (2)  [Any] The possession, purchase, setting off, ignition,
 
 9           or discharge of any aerial common and any special
 
10           fireworks under all circumstances and at any time."
 
11      SECTION 5.  Section 132D-14, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "[[]§132D-14[]]  Penalty.(a)  Any person importing aerial
 
14 common fireworks or special fireworks into the State without
 
15 first having obtained a license as required by section 132D-7
 
16 shall be guilty of a class C felony.
 
17      (b)  Any person setting off, igniting, discharging, selling,
 
18 transferring, or possessing aerial common fireworks without first
 
19 having obtained a license or permit as required by section 132D-7
 
20 shall be guilty of a misdemeanor.
 
21      [(b)] (c)  Except as provided in [subsection (a),]
 
22 subsections (a) and (b), any person violating any other provision
 
23 of this chapter, shall be guilty of a petty misdemeanor."
 

 
Page 4                                                     1237
                                     H.B. NO.           H.D.1
                                                        
                                                        

 
 1      SECTION 6.  If any provision of this Act, or the application
 
 2 thereof to any person or circumstance is held invalid, the
 
 3 invalidity shall not affect other provisions or applications of
 
 4 this Act which can be given effect without the invalid provision
 
 5 or application, and to this end the provisions of this Act are
 
 6 severable.
 
 7      SECTION 7.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 8.  This Act shall take effect upon its approval.