REPORT TITLE:
Fireworks


DESCRIPTION:
Requires a permit to burn non-aerial common fireworks at any
time.  Prohibits aerial fireworks, except for public displays.
Adds liability insurance as a requirement for obtaining a license
to sell fireworks. Increases the licensing and permitting fees.
Authorizes the counties to establish a uniform excise tax on
fireworks, the revenues from which shall pay salaries and
overtime of police officers and firefighters.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1588       
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.  The legislature finds that the indiscriminate
 
 2 burning of fireworks on New Year's Eve has caused tremendous
 
 3 smoke pollution throughout the islands, especially in Honolulu,
 
 4 caused fire and related damages to residential areas, overtaxed
 
 5 police and firefighters, and thus posed a direct health and
 
 6 safety threat to the people of the State.  The purpose of this
 
 7 Act is to regulate and control the use of fireworks, and to
 
 8 protect the health and safety of the populace.
 
 9      SECTION 2.  Chapter 132D, Hawaii Revised Statutes, is
 
10 amended by adding a new section to be appropriately designated
 
11 and to read as follows:
 
12      "§132D-      Fireworks excise tax.  (a)  Each county is
 
13 authorized to impose an excise tax on the gross proceeds of the
 
14 sale of fireworks payable by the seller.  The amount of the tax
 
15 and the method of collection shall be determined by resolution of
 
16 the council of the county imposing the tax in the manner provided
 
17 by law; provided that the rate of tax shall be uniform among all
 
18 counties and the minimum statewide rate shall be ten per cent.
 
19      (b)  The proceeds of the excise tax shall be used to pay the
 
20 salaries and overtime of police officers and firefighters."
 

 
Page 2                                                     
                                     H.B. NO.1588       
                                                        
                                                        

 
 1      SECTION 3.  Section 132D-3, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]§132D-3[]]  Permissible uses of non-aerial common
 
 4 fireworks.  Non-aerial common fireworks may be set off, ignited,
 
 5 discharged, or otherwise caused to explode within the State
 
 6 only[:
 
 7      (1)  From 9:00 p.m. on New Year's Eve to 1:00 a.m. on New
 
 8           Year's Day; from 9:00 p.m. Chinese New Year's Eve to
 
 9           1:00 a.m. Chinese New Year's Day; and from 9:00 p.m. on
 
10           the Fourth of July to 1:00 a.m. on July 5; or
 
11      (2)  From 9:00 a.m. to 9:00 p.m. as allowed by permit
 
12           pursuant to section 132D-10 if the proposed use is to
 
13           occur at any time other than during the periods
 
14           prescribed in paragraph (1).] if permitted in writing
 
15           pursuant to section 132D-10."
 
16      SECTION 4.  Section 132D-4, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "[[]§132D-4[]]  Permissible uses of special and aerial
 
19 common fireworks.  Special and aerial common fireworks may be
 
20 purchased, set off, ignited, or otherwise caused to explode in
 
21 the State only as part of a public display and if permitted in
 
22 writing pursuant to [section 132D-10.] sections 132D-10 and 132D-
 
23 16."
 

 
Page 3                                                     
                                     H.B. NO.1588       
                                                        
                                                        

 
 1      SECTION 5.  Section 132D-5, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]§132D-5[]]  General prohibitions.  It shall be unlawful
 
 4 for any person without a permit to:
 
 5      (1)  Remove or extract the pyrotechnic contents from any
 
 6           fireworks;
 
 7      (2)  Throw any ignited fireworks from a moving vehicle; or
 
 8      (3)  Set off, ignite, discharge, or otherwise cause to
 
 9           explode any fireworks:
 
10           (A)  At any time [not within the periods for use
 
11                prescribed in section 132D-3,] unless permitted
 
12                pursuant to section 132D-10;
 
13           (B)  Within one thousand feet from any operating
 
14                hospital, convalescent home, home for the elderly,
 
15                or animal hospital;
 
16           (C)  In any school building, or on any school grounds
 
17                and yards without first obtaining authorization
 
18                from appropriate school officials;
 
19           (D)  On any highway, alley, street, sidewalk, or other
 
20                public way; in any park; within fifty feet from a
 
21                canefield; or within one thousand feet from any
 
22                building used for public worship during the
 
23                periods when services are held; except as may be
 

 
Page 4                                                     
                                     H.B. NO.1588       
                                                        
                                                        

 
 1                permitted pursuant to section 132D-10; and
 
 2           (E)  Within five hundred feet from any hotel."
 
 3      SECTION 6.  Section 132D-7, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (b) to read as follows:
 
 5      "(b)  It shall be unlawful for any person to set off,
 
 6 ignite, or discharge aerial common or special fireworks at any
 
 7 time or to set off, ignite, or discharge non-aerial common
 
 8 fireworks at any time [other than the periods for use prescribed
 
 9 in section 132D-3(1)] in any county unless the person has a valid
 
10 permit issued by the county in which the permitted activity is to
 
11 occur."
 
12      SECTION 7.  Section 132D-8, Hawaii Revised Statutes, is
 
13 amended as follows:
 
14      1.  By amending subsection (b) to read:
 
15      "(b)  Each storage, wholesaling and retailing site shall be
 
16 required to obtain a separate license.  The license shall specify
 
17 the date of issuance or effect and the date of expiration, which
 
18 shall be March 31 of each year.  The application shall be made on
 
19 a form setting forth the date upon which the storage, sale or
 
20 offers for sale are to begin, the address of the location of the
 
21 licensee, and the name of the proprietor[,] or, if a partnership,
 
22 the name of the partnership and the names of all partners or, if
 
23 a corporation, the name of the corporation and the name of its
 

 
Page 5                                                     
                                     H.B. NO.1588       
                                                        
                                                        

 
 1 officers.  No license shall be issued under this subsection
 
 2 unless the applicant presents a written certificate or policy of
 
 3 an insurance carrier, issued to or for the benefit of the
 
 4 applicant, showing liability coverage in amount of:
 
 5      (1)  Not less than $5,000 for injury to, or death of, any
 
 6           one person;
 
 7      (2)  Not less than $10,000 for injury to, or death of, any
 
 8           two or more persons; and
 
 9      (3)  Not less than $5,000 for damage to property;
 
10 caused by reason of the sale of the fireworks or arising from any
 
11 tortious acts or negligence of the applicant, the applicant's
 
12 agents, employees, or subcontractors.  The policy shall remain in
 
13 effect as long as the permit is valid.  Any license issued
 
14 pursuant to this chapter may be revoked by the department if the
 
15 licensee violates any provision of this chapter or if the
 
16 licensee stores or handles the fireworks in such a manner as to
 
17 present an unreasonable safety hazard."
 
18      2.  By amending subsection (c) to read as follows:
 
19      "(c)  It shall be unlawful for any person, other than a
 
20 wholesaler who is selling or transferring fireworks to a licensed
 
21 retailer, to sell or offer to sell any fireworks:
 
22      (1)  [More than seven calendar days prior to the designated
 
23           period for use as described in section 132D-3(1);
 

 
Page 6                                                     
                                     H.B. NO.1588       
                                                        
                                                        

 
 1      (2)  At other than the designated periods for use set forth
 
 2           in section 132D-3(1), unless] Unless the purchaser
 
 3           presents a valid permit; or
 
 4      [(3) At any other time, and whenever](2)  Whenever the sale
 
 5           of special fireworks is involved, to any person who
 
 6           does not present a permit duly issued as required by
 
 7           section 132D-7.  The permit shall be signed by the
 
 8           seller or transferor at the time of sale or transfer of
 
 9           the fireworks, and the seller or transferor shall
 
10           indicate on the permit the amount and type of fireworks
 
11           sold or transferred.  No person shall sell or deliver
 
12           fireworks to any permittee in any amount in excess of
 
13           the amount specified in the permit, less the amount
 
14           shown on the permit previously to have been purchased."
 
15      SECTION 8.  Section 132D-10, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "[[]§132D-10[]]  Permits.  A permit shall be required for
 
18 the purchase, setting off, ignition, or discharge of:
 
19      (1)  Any non-aerial common fireworks [when the proposed date
 
20           of the use of the fireworks is not within the periods
 
21           prescribed in section 132D-3(1)]; and
 
22      (2)  Any aerial common and any special fireworks [under all
 
23           circumstances and] for public display at any time."
 

 
Page 7                                                     
                                     H.B. NO.1588       
                                                        
                                                        

 
 1      SECTION 9.  Section 132D-11, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]§132D-11[]]  Fee.  The fee for the license required
 
 4 under section 132D-7 shall [not exceed $110] be no less than $250
 
 5 for each year or fraction of a year in which the licensee plans
 
 6 to conduct business and shall be payable to the department.  The
 
 7 fee for the permit required under section 132D-7 shall be [no
 
 8 greater than $25] no more than the greater of:
 
 9      (1)  $5 per every one thousand firecrackers; and
 
10      (2)  $       ;
 
11 for each year or fraction of a year in which the permittee plans
 
12 to [conduct business] set-off, ignite, or discharge fireworks and
 
13 shall be payable to the county in which the permitted activity is
 
14 to occur."
 
15      SECTION 10.  Statutory material to be repealed is bracketed.
 
16 New statutory material is underscored.
 
17      SECTION 11.  This Act shall take effect upon its approval.
 
18 
 
19                           INTRODUCED BY:  _______________________