REPORT TITLE:
Fireworks Control


DESCRIPTION:
Increases the penalty for illegal use of fireworks; limits
retailers to a 2 day period before the permitted use of
fireworks; creates a task force to examine the use of fireworks;
bans fireworks on the 4th of July; requires all importation of
fireworks to be inspected by a law enforcement officer.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2506
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.  The legislature finds that the widespread
 
 2 discharge of fireworks in all counties in the State creates a
 
 3 serious safety hazard for persons and property as well as a
 
 4 severe health risk--particularly for the young, the elderly, and
 
 5 others with respiratory ailments--as a result of concentrated
 
 6 sulfuric smoke emissions.  The widespread use of fireworks also
 
 7 burdens county resources.
 
 8      The legislature also finds that fireworks in Hawaii are used
 
 9 in celebrations of cultural and historical significance to the
 
10 people of the State, including the New Year, Chinese New Year,
 
11 and Fourth of July.  The legislature nevertheless believes the
 
12 cost of fireworks to society may outweigh any benefits derived
 
13 from the continued legalization of fireworks.
 
14      The purpose of this Act is to increase the penalty for
 
15 selling illegal fireworks, to have evidence of burned fireworks
 
16 during illegal burning hours on private property prima facie
 
17 evidence of violating the law, to limit retailers to a two-day
 
18 time period immediately prior to the permitted occasion for the
 
19 sale of fireworks, to create a task force to look into the use of
 

 
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 1 fireworks, to require inspection of all shipments of fireworks
 
 2 into the State and for forfeiture of any illegal fireworks, and
 
 3 to ban the use of fireworks on the Fourth of July.  
 
 4      SECTION 2.  Section 132D-3, Hawaii Revised Statutes, is
 
 5 amended as follows:
 
 6      "§132D-3 Permissible uses of non-aerial common fireworks.
 
 7 Non-aerial common fireworks may be set off, ignited, discharged,
 
 8 or otherwise caused to explode within the State only:
 
 9      (1)  From 9:00 p.m. on New Year's Eve to 1:00 a.m. on New
 
10           Year's Day[;] and from [9:00 p.m. Chinese New Year's
 
11           Eve to 1:00 a.m.] 7:30 a.m. to 8:30 a.m. and 4:30 p.m.
 
12           to 7:30 p.m. on Chinese New Year's Day[; and from 9:00
 
13           p.m. on the Fourth of July to 1:00 a.m. on July 5]; or
 
14      (2)  From 9:00 a.m. to 9:00 p.m. as allowed by permit
 
15           pursuant to section 132D-10 if the proposed use is to
 
16           occur at any time other than during the periods
 
17           prescribed in paragraph (1)." 
 
18      SECTION 3.  Section 132D-7, Hawaii Revised Statutes, is
 
19 amended by amending subsection (a) to read as follows:
 
20      "(a)  It shall be unlawful for any person to import any
 
21 fireworks into the State, to store, offer to sell or sell, at
 
22 wholesale or retail any fireworks, unless the person has a valid
 
23 license issued by the department.  All shipments of fireworks
 

 
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 1 into the State shall be inspected by the department of public
 
 2 safety which shall coordinate with the various county law
 
 3 enforcement officers, as defined in section 712A-1, for illegal
 
 4 importation.  All illegal fireworks shall be forfeited under
 
 5 chapter 712A." 
 
 6      SECTION 4.  Section 132D-8, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (c) to read as follows:
 
 8      "(c)  It shall be unlawful for any person, other than a
 
 9 wholesaler who is selling or transferring fireworks to a licensed
 
10 retailer, to sell or offer to sell any fireworks:
 
11      (1)  More than [seven] two calendar days prior to the
 
12           designated period for use as described in section
 
13           132D-3(1);
 
14      (2)  At other than the designated periods for use set forth
 
15           in section 132D-3(1), unless the purchaser presents a
 
16           valid permit; or
 
17      (3)  At any other time, and whenever the sale of special
 
18           fireworks is involved, to any person who does not
 
19           present a permit duly issued as required by section
 
20           132D-7.  The permit shall be signed by the seller or
 
21           transferor at the time of sale or transfer of the
 
22           fireworks, and the seller or transferor shall indicate
 
23           on the permit the amount and type of fireworks sold or
 

 
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 1           transferred.  No person shall sell or deliver fireworks
 
 2           to any permittee in any amount in excess of the amount
 
 3           specified in the permit, less the amount shown on the
 
 4           permit previously to have been purchased."
 
 5      SECTION 5.  Section 132D-14, Hawaii Revised Statutes is
 
 6 amended to read as follows:
 
 7      "§132D-14  Penalty[.]; evidence of violation.  (a)  Any
 
 8 person importing aerial common fireworks or special fireworks
 
 9 into the State without first having obtained a license as
 
10 required by section 132D-7 shall be guilty of a class C felony.
 
11      (b)  Except as provided in subsection (a), any person
 
12 violating any other provision of this chapter, shall be guilty of
 
13 [petty misdemeanor.] class C felony.
 
14      (c)  The remains of burned fireworks during illegal burning
 
15 hours on private property shall be prima facie evidence of
 
16 violating this chapter and the owner of the residence, building,
 
17 or land where the remains are found shall be guilty of a class C
 
18 felony."
 
19      SECTION 6.  A task force shall be created by the senate
 
20 transportation and intergovernmental affairs committee and the
 
21 house of representatives public safety and military affairs
 
22 committee to examine appropriate dates, times, and occasions for
 
23 the use of fireworks.  The task force shall consist of one
 

 
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 1 representative from each ethnic cultural and religious
 
 2 organization, submitted by members of that particular cultural or
 
 3 religious organization that uses fireworks for ethnic culture or
 
 4 religion.  The task force shall report its findings and
 
 5 recommendations to the legislature no later than twenty days
 
 6 before the convening of the regular session of 2001.
 
 7      SECTION 7.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 8.  This Act shall take effect on December 1, 2000.
 
10 
 
11                           INTRODUCED BY:  _______________________