REPORT TITLE:
Fireworks Prohibition

DESCRIPTION:
Prohibits the import, sale, purchase, possession, or use of
fireworks, except special fireworks; makes all fines imposed for
violating chapter 132D, HRS, payable to the county in which the
violation occurred.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1826 
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
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 widespread use of
 
 2 fireworks in the State is a serious safety hazard for persons and
 
 3 property, particularly for the young, the elderly, and persons
 
 4 with respiratory ailments.
 
 5      While the legislature recognizes the popularity of fireworks
 
 6 in Hawaii and the cultural and historical significance of
 
 7 celebrations to the people of the State, including New Year's,
 
 8 Chinese New Year's, and the Fourth of July, the legislature
 
 9 nevertheless finds that the costs of fireworks to society greatly
 
10 outweigh any benefits derived from its continued legalization.
 
11      The purpose of this Act is to ban all fireworks, except
 
12 special fireworks, in all counties of Hawaii to protect the
 
13 health, safety, and welfare of the people of this State.  The Act
 
14 also requires state and county officials, in conjunction with
 
15 federal officials, to coordinate their efforts to enforce the
 
16 purposes of this Act.
 
17      SECTION 2.  Chapter 132D, Hawaii Revised Statutes, is
 
18 amended by adding a new section to be appropriately designated
 
19 and to read as follows:
 

 
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 1      "§132D-     Prohibitions.  (a)  Except as provided in
 
 2 section 132D-16, it shall be unlawful for any person in this
 
 3 State to:
 
 4      (1)  Import, sell, or offer to sell fireworks;
 
 5      (2)  Possess, purchase, set off, ignite, discharge, or
 
 6           otherwise cause to explode fireworks; or
 
 7      (3)  Knowingly or recklessly permit, aid, or abet the
 
 8           setting off, ignition, discharge, or explosion of
 
 9           fireworks on the premises under the person's charge.
 
10      (b)  As used in this section, "fireworks" means any
 
11 combustible or explosive composition, or any substance or
 
12 combination of substances, or article prepared for the purpose of
 
13 producing a visible or audible effect by combustion, explosion,
 
14 deflagration, or detonation and classified as common or special
 
15 fireworks by the United States Bureau of Explosives or contained
 
16 in the regulations of the United States Department of
 
17 Transportation and designated as UN 0335 1.3G or UN 0336 1.4G.
 
18      "Fireworks" includes common fireworks and aerial fireworks
 
19 including items commonly known as bottle rockets, sky rockets,
 
20 missile-type rockets, helicopters, torpedoes, daygo bombs, roman
 
21 candles, aerial shells, mines, jumping jacks that move about the
 
22 ground, and every type of balloon that is propelled with the
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 application of heat.
 
 2      The term "fireworks" does not include:
 
 3      (1)  Automotive safety flares, toy pistols, toy cannons, toy
 
 4           guns, party poppers, pop-its, or other devices which
 
 5           contain twenty-five hundredths of a grain or less of
 
 6           explosives substance;
 
 7      (2)  Any explosives and pyrotechnics regulated under chapter
 
 8           396;
 
 9      (3)  Flares, noisemakers, or signals for warning, pest
 
10           control, or illumination purposes by police and fire
 
11           departments, utility companies, transportation
 
12           agencies, and other governmental or private agencies or
 
13           persons, including agricultural operations, in
 
14           connection with emergencies, their duties, or business;
 
15           and
 
16      (4)  Blank pistol cartridges for a show or theater, or for
 
17           signal, commercial, or institutional purposes in
 
18           athletics or sports."
 
19      SECTION 3.   Section 132D-1, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "[[]§132D-1[]]  Title.  This chapter shall be known and may
 
22 be cited as the "Fireworks [Control] Prohibition Law"."
 

 
 
 
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 1      SECTION 4.  Section 132D-13, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]§132D-13[]]  Liability of parents or guardians.  The
 
 4 parents, [guardian, and] guardians, or other persons having the
 
 5 custody or control of any minor, who knowingly permit the minor
 
 6 to possess, purchase, or set off, ignite, or otherwise cause to
 
 7 explode any fireworks, shall [be deemed to] in addition to the
 
 8 minor, be in violation of this chapter and shall be subject to
 
 9 the penalties thereunder[, except that the parents or guardian
 
10 may allow the minor to use fireworks while under the immediate
 
11 supervision and control of the parent or guardian, or under the
 
12 supervision and control of another adult]."
 
13      SECTION 5.  Section 132D-14, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "[[]§132D-14[]]  Penalty.(a)  Any person importing [aerial
 
16 common] fireworks [or special fireworks] into the State [without
 
17 first having obtained a license as required by section 132D-7] or
 
18 selling or offering to sell fireworks shall be guilty of a class
 
19 C felony.
 
20      (b)  Except as provided in subsection (a), any person
 
21 violating any other provision of this chapter, shall be guilty of
 
22 a [petty] misdemeanor.
 

 
 
 
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 1      (c)  Notwithstanding section 706-643, all fines imposed for
 
 2 violating this chapter shall be collected by a court of competent
 
 3 jurisdiction and deposited with the director of finance into a
 
 4 special account within the state treasury known as the "fireworks
 
 5 special account".  The funds shall then be transferred on a
 
 6 quarterly basis to the county in which the violation occurred."
 
 7      SECTION 6.  Section 132D-16, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "[[]§132D-16[]]  [Permit for public] Public display[.];
 
10 license and permit required.  (a)  Any person desiring to import,
 
11 set off, ignite, or discharge special fireworks for a public
 
12 display shall apply to, and obtain, if qualified, a license and
 
13 permit [as required by section 132D-7,] from the county where the
 
14 display will be situated not less than twenty days before the
 
15 date of the display.
 
16      (b)  For the purposes of this chapter, "special fireworks"
 
17 means any fireworks designed primarily for exhibition display by
 
18 producing visible or audible effects and classified as special
 
19 fireworks by the United States Bureau of Explosives or contained
 
20 in the regulations of the United States Department of
 
21 Transportation and designated as UN 0335 1.3G and which are
 
22 prohibited for use by any person who does not have a license and
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 permit issued by a county pursuant to this section.
 
 2      [(b)] (c)  The permit application shall state, among other
 
 3 things:
 
 4      (1)  The name, age, and address of the applicant;
 
 5      (2)  The name, age, and address of the person who will
 
 6           operate the display, and verification that the person
 
 7           is a licensed pyrotechnic operator;
 
 8      (3)  The time, date, and place of the display;
 
 9      (4)  The type and quantity of special fireworks to be
 
10           displayed; and
 
11      (5)  The purpose or occasion for which the display is to be
 
12           presented.
 
13      [(c)] (d)  No permit shall be issued under this section
 
14 unless the applicant presents, at the applicant's option, either:
 
15      (1)  A written certificate of an insurance carrier, which
 
16           has been issued to or for the benefit of the applicant,
 
17           or a policy providing for the payment of damages in the
 
18           amount of not less than $5,000 for injury to, or death
 
19           of, any one person, and subject to the foregoing
 
20           limitation for one person; in the amount of not less
 
21           than $10,000 for injury to, or death of, two or more
 
22           persons; and in the amount of not less than $5,000 for
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           damage to property, caused by reason of the authorized
 
 2           display and arising from any tortious acts or
 
 3           negligence of the permittee, the permittee's agents,
 
 4           employees, or subcontractors.  The certificate shall
 
 5           state that the policy is in full force and effect and
 
 6           will continue to be in full force and effect for not
 
 7           less than ten days after the date of the public
 
 8           display; or
 
 9      (2)  The bond of a surety company duly authorized to
 
10           transact business within the State, or a bond with not
 
11           less than two individual sureties who together have
 
12           assets in the State equal in value to not less than
 
13           twice the amount of the bond, or a deposit of cash, in
 
14           the amount of not less than $10,000 conditioned upon
 
15           the payment of all damages that may be caused to any
 
16           person or property by reason of the authorized display
 
17           and arising from any tortious acts or negligence of the
 
18           permittee, the permittee's agents, employees, or
 
19           subcontractors.  The security shall continue to be in
 
20           full force and effect for not less than ten days after
 
21           the date of the public display.
 
22      The county may require coverage in amounts greater than the
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 minimum amounts set forth in paragraph (1) or (2) if deemed
 
 2 necessary or desirable in consideration of such factors as the
 
 3 location and scale of the display, the type of special fireworks
 
 4 to be used, and the number of spectators expected.
 
 5      [(d)] (e)  The county, pursuant to [duly adopted] rules[,]
 
 6 adopted according to chapter 91, shall issue the permit [after
 
 7 being] if it is satisfied that the requirements of subsection
 
 8 [(c)] (d) have been met, the display will be handled by a
 
 9 pyrotechnic operator [duly] licensed by the [State,] county, the
 
10 display will not be hazardous to property[,] and [the display]
 
11 will not endanger human life.  The permit shall authorize the
 
12 holder to display special fireworks only at the place and during
 
13 the time set forth therein, and to acquire and possess the
 
14 specified special fireworks between the date of the issuance of
 
15 the permit and the time during which the display of those special
 
16 fireworks is authorized.
 
17      (f)  Each county shall establish appropriate licensing
 
18 criteria by rule, pursuant to chapter 91 to effectuate this
 
19 section.  County licensure shall be valid statewide."
 
20      SECTION 7.  Section 132D-20, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "[[]§132D-20[]]  Enforcement.  [This chapter shall be
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 enforced by the department and designated county agencies.] The
 
 2 counties are authorized to enforce and administer [the provisions
 
 3 of] this chapter [regulating permits for display, agricultural
 
 4 uses, uses by commercial establishments and wholesale and retail
 
 5 sales of fireworks]."
 
 6      SECTION 8.  Section 132D-2, Hawaii Revised Statutes, is
 
 7 repealed.
 
 8      ["[§132D-2]  Definitions.  As used in this chapter unless
 
 9 the context requires otherwise:
 
10      "Aerial common fireworks" means any firework, classified as
 
11 common fireworks by the United States Bureau of Explosives or
 
12 contained in the regulations of the United States Department of
 
13 Transportation and designated as UN 0336 1.4G, which produces an
 
14 audible or visible effect and which is designed to rise into the
 
15 air and explode or detonate in the air or to fly about above the
 
16 ground and which is prohibited for use by any person who does not
 
17 have a display permit issued by a county.  "Aerial common
 
18 fireworks" include firework items commonly known as bottle
 
19 rockets, sky rockets, missile-type rockets, helicopters,
 
20 torpedoes, daygo bombs, roman candles, jumping jacks which move
 
21 about the ground farther than inside a circle with a radius of
 
22 twelve feet as measured from the point where the item was placed
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 and ignited, types of balloons which require fire underneath to
 
 2 propel the same, aerial shells and mines.
 
 3      "Common fireworks" means any firework designed primarily for
 
 4 retail sale to the public during prescribed dates and which
 
 5 produces visible or audible effects through combustion and which
 
 6 is classified as common fireworks by the United States Bureau of
 
 7 Explosives or contained in the regulations of the United States
 
 8 Department of Transportation and designated as UN 0336 1.4G.
 
 9      "Department" means the state fire council.
 
10      "Fireworks" means any combustible or explosive composition,
 
11 or any substance or combination of substances, or article
 
12 prepared for the purpose of producing a visible or audible effect
 
13 by combustion, explosion, deflagration or detonation and
 
14 classified as common or special fireworks by the United States
 
15 Bureau of Explosives or contained in the regulations of the
 
16 United States Department of Transportation and designated as UN
 
17 0335 1.3G or UN 0336 1.4G.  The term "fireworks" shall not
 
18 include automotive safety flares, nor shall the term be construed
 
19 to include toy pistols, toy cannons, toy guns, party poppers,
 
20 pop-its or other devices which contain twenty-five hundredths of
 
21 a grain or less of explosives substance.  The term "fireworks"
 
22 also shall not include any explosives and pyrotechnics regulated
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 under chapter 396.
 
 2      "License" means a nontransferable, formal authorization,
 
 3 valid for a period not to exceed one calendar year from the date
 
 4 of issuance and which the department is hereby authorized to
 
 5 issue under this chapter, to engage in the act or acts
 
 6 specifically designated herein.
 
 7      "Non-aerial common fireworks" means any firework, classified
 
 8 as common fireworks by the United States Bureau of Explosives or
 
 9 contained in the regulations of the United States Department of
 
10 Transportation and designated as UN 0336 1.4G, which produces an
 
11 audible or visible effect and which is designed to remain on or
 
12 near the ground and which, while stationary or spinning rapidly
 
13 on or near the ground, emits smoke, a shower of colored sparks,
 
14 whistling effects, flitter sparks or balls of colored sparks and
 
15 combination items which contain one or more of these effects.
 
16 "Non-aerial common fireworks" include firework items commonly
 
17 known as firecrackers which are single paper cylinders not
 
18 exceeding one and one-half inches in length excluding the fuse
 
19 and one quarter of an inch in diameter containing a charge of not
 
20 more than fifty milligrams of pyrotechnic composition, snakes,
 
21 sparklers, fountains, and cylindrical or cone fountains which
 
22 emit effects up to a height not greater than twelve feet above
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 the ground, illuminating torches, bamboo canons, whistles, toy
 
 2 smoke devices, wheels, and ground spinners which when ignited
 
 3 remain within a circle with a radius of twelve feet as measured
 
 4 from the point where the item was placed and ignited, novelty or
 
 5 trick items, combination items, and other fireworks of like
 
 6 construction which are designed to produce the same or similar
 
 7 effects.
 
 8      "Permit" means a nontransferable, formal authorization,
 
 9 valid for a period not to exceed one calendar year from the date
 
10 of issuance and which a county is hereby authorized to issue
 
11 under this chapter, to engage in the act or acts specifically
 
12 designated herein.
 
13      "Pyrotechnic composition" or "pyrotechnic contents" means
 
14 the combustible or explosive component of fireworks.
 
15      "Special fireworks" means any firework designed primarily
 
16 for exhibition display by producing visible or audible effects
 
17 and classified as special fireworks by the United States Bureau
 
18 of Explosives or contained in the regulations of the United
 
19 States Department of Transportation and designated as UN 0335
 
20 1.3G and which are prohibited for use by any person who does not
 
21 have a display permit issued by a county."]
 
22      SECTION 9.  Section 132D-3, Hawaii Revised Statutes, is
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 repealed.
 
 2      ["[§132D-3]  Permissible uses of non-aerial common
 
 3 fireworks.  Non-aerial common fireworks may be set off, ignited,
 
 4 discharged, or otherwise caused to explode within the State only:
 
 5      (1)  From 9:00 p.m. on New Year's Eve to 1:00 a.m. on New
 
 6           Year's Day; from 9:00 p.m. Chinese New Year's Eve to
 
 7           1:00 a.m. Chinese New Year's Day; and from 9:00 p.m. on
 
 8           the Fourth of July to 1:00 a.m. on July 5; or
 
 9      (2)  From 9:00 a.m. to 9:00 p.m. as allowed by permit
 
10           pursuant to section 132D-10 if the proposed use is to
 
11           occur at any time other than during the periods
 
12           prescribed in paragraph (1)."]
 
13      SECTION 10.  Section 132D-4, Hawaii Revised Statutes, is
 
14 repealed.
 
15      ["[§132D-4]  Permissible uses of special and aerial common
 
16 fireworks.  Special and aerial common fireworks may be purchased,
 
17 set off, ignited, or otherwise caused to explode in the State
 
18 only if permitted in writing pursuant to section 132D-10."]
 
19      SECTION 11.  Section 132D-5, Hawaii Revised Statutes, is
 
20 repealed.
 
21      ["[§132D-5]  General prohibitions.  It shall be unlawful for
 
22 any person without a permit to:
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

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

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 repealed.
 
 2      ["[§132D-6]  Exceptions.  The prohibitions in section 132D-5
 
 3 do not apply to:
 
 4      (1)  The use of flares, noisemakers, or signals for warning,
 
 5           pest control, or illumination purposes by police and
 
 6           fire departments, utility companies, transportation
 
 7           agencies, and other governmental or private agencies or
 
 8           persons, including agricultural operations, in
 
 9           connection with emergencies, their duties, or business;
 
10           and
 
11      (2)  The sale or use of blank cartridges for a show or
 
12           theater, or for signal, commercial, or institutional
 
13           purposes in athletics or sports."]
 
14      SECTION 13.  Section 132D-7, Hawaii Revised Statutes, is
 
15 repealed.
 
16      ["[§132D-7]  License or permit required.(a)  It shall be
 
17 unlawful for any person to import any fireworks into the State,
 
18 to store, offer to sell or sell, at wholesale or retail any
 
19 fireworks, unless the person has a valid license issued by the
 
20 department.
 
21      (b)  It shall be unlawful for any person to set off, ignite
 
22 or discharge aerial common or special fireworks at any time or to
 

 
 
 
Page 16                                                    1826 
                                     H.B. NO.           
                                                        
                                                        

 
 1 set off, ignite or discharge non-aerial common fireworks at any
 
 2 time other than the periods for use prescribed in section
 
 3 132D-3(1) in any county unless the person has a valid permit
 
 4 issued by the county in which the permitted activity is to
 
 5 occur."]
 
 6      SECTION 14.  Section 132D-8, Hawaii Revised Statutes, is
 
 7 repealed.
 
 8      ["[§132D-8]  Application for license.(a)  The license
 
 9 required under section 132D-7 shall be issued by the department
 
10 and shall be nontransferable.  The license shall specify the date
 
11 of issuance or effect and the date of expiration, which shall be
 
12 March 31 of each year.  The application shall be made on a form
 
13 setting forth the date upon which the importations are to begin,
 
14 the address of the location of the importer, and the name of the
 
15 proprietor or, if a partnership, the name of the partnership and
 
16 the names of all partners or, if a corporation, the name of the
 
17 corporation and the names of its officers.
 
18      (b)  Each storage, wholesaling and retailing site shall be
 
19 required to obtain a separate license.  The license shall specify
 
20 the date of issuance or effect and the date of expiration, which
 
21 shall be March 31 of each year.  The application shall be made on
 
22 a form setting forth the date upon which the storage, sale or
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 offers for sale are to begin, the address of the location of the
 
 2 licensee, and the name of the proprietor, or, if a partnership,
 
 3 the name of the partnership and the names of all partners or, if
 
 4 a corporation, the name of the corporation and the name of its
 
 5 officers.  Any license issued pursuant to this chapter may be
 
 6 revoked by the department if the licensee violates any provision
 
 7 of this chapter or if the licensee stores or handles the
 
 8 fireworks in such a manner as to present an unreasonable safety
 
 9 hazard.
 
10      (c)  It shall be unlawful for any person, other than a
 
11 wholesaler who is selling or transferring fireworks to a licensed
 
12 retailer, to sell or offer to sell any fireworks:
 
13      (1)  More than seven calendar days prior to the designated
 
14           period for use as described in section 132D-3(1);
 
15      (2)  At other than the designated periods for use set forth
 
16           in section 132D-3(1), unless the purchaser presents a
 
17           valid permit; or
 
18      (3)  At any other time, and whenever the sale of special
 
19           fireworks is involved, to any person who does not
 
20           present a permit duly issued as required by section
 
21           132D-7.  The permit shall be signed by the seller or
 
22           transferor at the time of sale or transfer of the
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           fireworks, and the seller or transferor shall indicate
 
 2           on the permit the amount and type of fireworks sold or
 
 3           transferred.  No person shall sell or deliver fireworks
 
 4           to any permittee in any amount in excess of the amount
 
 5           specified in the permit, less the amount shown on the
 
 6           permit previously to have been purchased.
 
 7      (d)  Any license issued pursuant to this chapter shall be
 
 8 prominently displayed in public view at each licensed location."]
 
 9      SECTION 15.  Section 132D-9, Hawaii Revised Statutes, is
 
10 repealed.
 
11      ["[§132D-9]  Application for permit.  The permit required
 
12 under section 132D-7 shall be issued by the county fire
 
13 department and be nontransferable.  The county shall issue all
 
14 permits for which complete applications have been submitted and
 
15 which contain only correct information.  The permit shall specify
 
16 the date of issuance or effect and the date of expiration but in
 
17 no case for a period to exceed one year.  The application shall
 
18 be made on a form setting forth the dates for which the permit
 
19 shall be valid, the location where the permitted activity is to
 
20 occur, and the name of the proprietor or, if a partnership, the
 
21 name of the partnership and the names of all partners or, if a
 
22 corporation, the name of the corporation and the names of its
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 officers.  The permit application may be denied if the proposed
 
 2 use of fireworks presents a substantial inconvenience to the
 
 3 public or presents an unreasonable fire or safety hazard.  Any
 
 4 permit issued pursuant to this chapter shall be prominently
 
 5 displayed in public view at the site."]
 
 6      SECTION 16.  Section 132D-10, Hawaii Revised Statutes, is
 
 7 repealed.
 
 8      ["[§132D-10]  Permits.  A permit shall be required for the
 
 9 purchase, setting off, ignition, or discharge of:
 
10      (1)  Any non-aerial common fireworks when the proposed date
 
11           of the use of the fireworks is not within the periods
 
12           prescribed in section 132D-3(1); and
 
13      (2)  Any aerial common and any special fireworks under all
 
14           circumstances and at any time."]
 
15      SECTION 17.  Section 132D-11, Hawaii Revised Statutes, is
 
16 repealed.
 
17      ["[§132D-11]  Fee.  The fee for the license required under
 
18 section 132D-7 shall not exceed $110 for each year or fraction of
 
19 a year in which the licensee plans to conduct business and shall
 
20 be payable to the department.  The fee for the permit required
 
21 under section 132D-7 shall be no greater than $25 for each year
 
22 or fraction of a year in which the permittee plans to conduct
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 business and shall be payable to the county in which the
 
 2 permitted activity is to occur."]
 
 3      SECTION 18.  Section 132D-12, Hawaii Revised Statutes, is
 
 4 repealed.
 
 5      ["[§132D-12]  Sale to minors.  It shall be unlawful for any
 
 6 person to offer for sale, sell, or give any fireworks to minors,
 
 7 and for any minor to possess, purchase, or set off, ignite, or
 
 8 otherwise cause to explode any fireworks, except as provided in
 
 9 section 132D-13."]
 
10      SECTION 19.  Section 132D-15, Hawaii Revised Statutes, is
 
11 repealed.
 
12      ["[§132D-15]  Notice requirements.  Each licensed retail
 
13 outlet shall post adequate notice that clearly cautions each
 
14 person purchasing fireworks of the prohibitions, liabilities, and
 
15 penalties incorporated in sections 132D-12, 132D-13, and
 
16 132D-14."]
 
17      SECTION 20.  Section 132D-17, Hawaii Revised Statutes, is
 
18 repealed.
 
19      ["[§132D-17]  Preemption.(a)  It is the intent of the
 
20 legislature to occupy the entire field of regulation in all
 
21 matters that are the subject of this chapter.
 
22      (b)  Notwithstanding any other law to the contrary, no
 

 
 
 
Page 21                                                    1826 
                                     H.B. NO.           
                                                        
                                                        

 
 1 county shall enact any ordinances or adopt any rules, except as
 
 2 required in section 132D-7 regulating fireworks.  All ordinances
 
 3 and rules regulating fireworks, adopted by a county before
 
 4 March 31, 1995, are declared null and void."]
 
 5      SECTION 21.  Section 132D-19, Hawaii Revised Statutes, is
 
 6 repealed.
 
 7      ["[§132D-19]  Rules.  The department shall adopt rules
 
 8 pursuant to chapter 91 to carry out the purposes of this chapter,
 
 9 including, but not limited to different classes of licenses and
 
10 permits for matters concerning special and common fireworks."]
 
11      SECTION 22.  The chiefs of police and the prosecuting
 
12 attorneys of each county shall jointly act as the lead agencies
 
13 in their respective counties to direct, counsel, and coordinate
 
14 their enforcement efforts with state and federal enforcement
 
15 authorities to ensure the proper enforcement of this Act.
 
16      Each county chief of police and prosecuting attorney shall
 
17 jointly report to the legislature on the steps taken to enforce
 
18 this Act, no later than thirty days after the commencement of the
 
19 2001 regular session of the legislature and report on the
 
20 efficacy of, and suggest amendments to, this Act as appropriate.
 
21      SECTION 23. Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 24.  This Act shall take effect upon its approval,
 
 2 except for section 21, which shall take effect on July 1, 2000.
 
 3 
 
 4                           INTRODUCED BY:_________________________