REPORT TITLE:
Fireworks 

DESCRIPTION:
Increases license and permit fees, imposes fines on violations,
and creates a fireworks enforcement fund for law enforcement of
fireworks.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2187
TWENTIETH LEGISLATURE, 2000                                
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-    Fireworks enforcement fund.  (a)  Each county
 
 5 shall establish a fireworks enforcement fund to be jointly
 
 6 administered by the police and fire departments of the respective
 
 7 county.
 
 8      (b)  The following proceeds shall be retained by or
 
 9 transmitted to the police and fire departments of each county for
 
10 deposit into the fireworks enforcement fund:
 
11      (1)  Moneys collected as fees for licenses pursuant to
 
12           section 132D-7;
 
13      (2)  Moneys collected as fees for permits pursuant to
 
14           section 132D-7; and
 
15      (3)  Moneys collected from the imposition of fines pursuant
 
16           to section 132D-14.
 
17      (c)  Expenditures from the fireworks enforcement fund shall
 
18 be limited to the following:
 
19      (1)  For inspection purposes and activities related to the
 
20           importation of fireworks;
 

 
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 1      (2)  For training programs and activities directed at
 
 2           implementing and enforcing this chapter;
 
 3      (3)  For defraying the salary costs and overtime related to
 
 4           implementing and enforcing this chapter; and
 
 5      (4)  For costs determined by the police and fire department
 
 6           of each county to be necessary for the implementation
 
 7           and enforcement of this chapter."
 
 8      SECTION 2.  Section 132D-11, Hawaii Revised Statutes, is
 
 9 amended to read as follows: 
 
10      "[[]§132D-11[]]  Fee.  The fee for the license required
 
11 under section 132D-7(a) shall not exceed [$110] $    for each
 
12 year or fraction of a year in which the licensee plans to conduct
 
13 business and shall be [payable to the department.] deposited into
 
14 the fireworks enforcement fund for the enforcement of this
 
15 chapter.  The fee for the permit required under section 132D-7(b)
 
16 shall be [no greater than $25] $    for each year or fraction of
 
17 a year [in which the permittee plans to conduct business and
 
18 shall be payable to the county in which the permitted activity is
 
19 to occur.] and shall be deposited into the fireworks enforcement
 
20 fund for the enforcement of this chapter."
 
21      SECTION 3.  Section 132D-14, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 
23      "[[]§132D-14[]]  Penalty.(a)  Any person importing aerial
 

 
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                                     S.B. NO.           2187
                                                        
                                                        

 
 1 common fireworks or special fireworks into the State without
 
 2 first having obtained a license as required by section 132D-7
 
 3 shall be guilty of a class C felony [.] and any fine imposed
 
 4 pursuant to section 706-640 shall be deposited into the fireworks
 
 5 enforcement fund established by section 132D-  .
 
 6      (b)  Except as provided in subsection (a), any person
 
 7 violating any other provision of this chapter, shall be guilty of
 
 8 a petty misdemeanor[.] and any fine imposed pursuant to section
 
 9 706-640 shall be deposited into the fireworks enforcement fund
 
10 established by section 132D-  ."
 
11      SECTION 4.  This Act does not affect rights and duties that
 
12 matured, penalties that were incurred, and proceedings that were
 
13 begun, before its effective date.
 
14      SECTION 5.  Statutory material to be repealed is bracketed.
 
15 New statutory material is underscored.
 
16      SECTION 6.  This Act shall take effect upon its approval.
 
17 
 
18                           INTRODUCED BY:_________________________