REPORT TITLE:
Fireworks; Limitations


DESCRIPTION:
Requires permit to buy/set off non-aerial common fireworks on all
permissible occasions.  Creates fireworks enforcement fund; sets
$20 permit fee; deposits half the permit fees & fines into fund;
limits purchase to 5,000 tau (1,388 firecrackers)/permit; limits
stored amount of fireworks; sets penalties/fines for import,
transport, purchase, sale, & storage of fireworks w/out permit.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3044 SENATES.B
. NO.                                   
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 and permits
 
12           pursuant to section 132D-7; and
 
13      (2)  Moneys collected from the imposition of fines pursuant
 
14           to section 132D-14.
 
15      (c)  Expenditures from the fireworks enforcement fund shall
 
16 be limited to the following:
 
17      (1)  For inspection purposes and activities related to the
 
18           importation of fireworks;
 
19      (2)  For training programs and activities directed at
 

 
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 1           implementing and enforcing this chapter;
 
 2      (3)  For defraying the salary costs and overtime related to
 
 3           implementing and enforcing this chapter; and
 
 4      (4)  For costs determined by the police and fire departments
 
 5           of each county to be necessary for the implementation
 
 6           and enforcement of this chapter."
 
 7      SECTION 2.  Chapter 132D, Hawaii Revised Statutes, is
 
 8 amended by adding a new section to be appropriately designated
 
 9 and to read as follows:
 
10      "§132D-     Storage of non-aerial common fireworks.  Except
 
11 for a holder of a:
 
12      (1)  License required under section 132D-7(a); and
 
13      (2)  Permit required under section 132D-7(b)(1) with regard
 
14           to aerial common or special fireworks;
 
15 no person who is required to obtain a permit under section
 
16 132D-7(b)(2) shall store in any one place at any one time within
 
17 the State more than ten pounds, measured in gross weight, of any
 
18 combination of fireworks defined as non-aerial common fireworks,
 
19 regardless of whether or not the person has legally obtained a
 
20 permit to purchase the fireworks."
 
21      SECTION 3.  Section 132D-7, Hawaii Revised Statutes, is
 
22 amended by amending subsection (b) to read as follows:
 
23      "(b)  It shall be unlawful for any person to set off, ignite
 

 
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 1 or disc[Arge [aerial]:
 
 2      (1)  Aerial common or special fireworks; or
 
 3      (2)  Non-aerial common fireworks;
 
 4 at any time [or to set off, ignite or discharge non-aerial common
 
 5 fireworks at any time other than the periods for use prescribed
 
 6 in section 132D-3(1)] in any county unless the person has a valid
 
 7 permit issued by the county in which the permitted activity is to
 
 8 occur."
 
 9      SECTION 4.  Section 132D-8, Hawaii Revised Statutes, is
 
10 amended by amending subsection (c) to read as follows:
 
11      "(c)  It shall be unlawful for any person, other than a
 
12 wholesaler who is selling or transferring fireworks to a licensed
 
13 retailer, to sell or offer to sell any fireworks:
 
14      (1)  More than [seven] three calendar days prior to the
 
15           designated period for use as described in section
 
16           132D-3(1);
 
17      (2)  At other than the designated periods for use set forth
 
18           in section 132D-3(1), unless the purchaser presents a
 
19           valid permit; or
 
20      (3)  At any other time, and whenever the sale of special
 
21           fireworks is involved, to any person who does not
 
22           present a permit duly issued as required by section
 
23           132D-7.  The permit shall be signed by the seller or
 

 
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 1           transferor at the time of sale or transfer of the
 
 2           fireworks, and the seller or transferor shall indicate
 
 3           on the permit the amount and type of fireworks sold or
 
 4           transferred.  No person shall sell or deliver fireworks
 
 5           to any permittee in any amount in excess of the amount
 
 6           specified in the permit, less the amount shown on the
 
 7           permit previously to have been purchased.
 
 8 When selling fireworks to a holder of a permit required under
 
 9 section 132D-7(b)(2) with regard to non-aerial common fireworks,
 
10 the licensed retailer shall record on the permit the amount of
 
11 fireworks sold during each transaction.  The licensed retailer,
 
12 upon inspection of the permit before each sale transaction, shall
 
13 determine whether the limit of five thousand tau, or the
 
14 equivalent of one thousand, three hundred eighty-eight
 
15 firecrackers as prescribed in section 132D-9(b), has been
 
16 reached.  If the maximum amount has been reached, the licensed
 
17 retailer shall not sell any further non-aerial common fireworks
 
18 to the holder of the permit."
 
19      SECTION 5.  Section 132D-9, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "[[]§132D-9[]]  Application for permit[.]; maximum amount of
 
22 non-aerial common fireworks allowed per permit.  (a)  The permit
 
23 required under section 132D-7 shall be issued by the county fire
 

 
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 1 department and be nontransferable.  The county shall issue all
 
 2 permits for which complete applications have been submitted and
 
 3 which contain only correct information.  The permit shall specify
 
 4 the date of issuance or effect and the date of expiration but in
 
 5 no case for a period to exceed one year.  The application shall
 
 6 be made on a form setting forth the dates for which the permit
 
 7 shall be valid, the location where the permitted activity is to
 
 8 occur, and the name of the proprietor or, if a partnership, the
 
 9 name of the partnership and the names of all partners or, if a
 
10 corporation, the name of the corporation and the names of its
 
11 officers.  The permit application may be denied if the proposed
 
12 use of fireworks presents a substantial inconvenience to the
 
13 public or presents an unreasonable fire or safety hazard.  Any
 
14 permit issued pursuant to this chapter shall be prominently
 
15 displayed in public view at the site.
 
16      (b)  A permit required under section 132D-7(b)(2) with
 
17 regard to non-aerial common fireworks authorizes the holder of
 
18 the permit to purchase no more than five thousand tau, which is
 
19 equivalent to one thousand, three hundred eighty-eight
 
20 firecrackers."
 
21      SECTION 6.  Section 132D-10, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 
23      "[[]§132D-10[]]  Permits.  A permit shall be required for
 

 
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 1 the purchase, setting off, ignition, or discharge of:
 
 2      (1)  Any non-aerial common fireworks [when the proposed date
 
 3           of the use of the fireworks is not within the periods
 
 4           prescribed in section 132D-3(1);] at any time; and
 
 5      (2)  Any aerial common and any special fireworks under all
 
 6           circumstances and at any time."
 
 7      SECTION 7.  Section 132D-11, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "[[]§132D-11[]]  Fee.  The fee for the license required
 
10 under section 132D-7(a) shall not exceed $110 for each year or
 
11 fraction of a year in which the licensee plans to conduct
 
12 business and shall be payable to the department.  The fee for the
 
13 permit required under section 132D-7(b)(1) shall be [no greater
 
14 than $25] $20 for each [year or fraction of a year in] occasion
 
15 on which the permittee plans to conduct business [and].  Of the
 
16 permit fee, $10 shall be payable to the county in which the
 
17 permitted activity is to occur[.] and $10 shall be deposited into
 
18 the fireworks enforcement fund under section 132D-   .  The fee
 
19 for the permit required under section 132D-7(b)(2) shall be $20
 
20 for each permissible use of non-aerial common fireworks under
 
21 section 132D-3.  Of the permit fee, $10 shall be payable to the
 
22 county in which the permitted activity is to occur and $10 shall
 
23 be deposited into the fireworks enforcement fund under section
 

 
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 1 132D-   ."
 
 2      SECTION 8.  Section 132D-14, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "[[]§132D-14[]]  Penalty.(a)  Any person importing aerial
 
 5 common fireworks or special fireworks into the State without
 
 6 first having obtained a license as required by section 132D-7
 
 7 shall be guilty of a class C felony[.] and shall be fined no less
 
 8 than $5,000, of which half shall be deposited into the fireworks
 
 9 enforcement fund under section 132D-   .
 
10      (b)  [Except as provided in subsection (a), any person
 
11 violating any other provision of this chapter, shall be guilty of
 
12 a petty misdemeanor.] Any person transporting aerial common
 
13 fireworks or special fireworks within the State without first
 
14 having obtained a license as required under this chapter shall be
 
15 guilty of a class C felony.
 
16      (c)  Any person selling aerial common fireworks or special
 
17 fireworks at wholesale or retail within the State without first
 
18 having obtained a permit as required under section 132D-7 shall
 
19 be guilty of a class C felony and shall be fined no less than
 
20 $1,000, of which half shall be deposited into the fireworks
 
21 enforcement fund under section 132D-   .
 
22      (d)  Any person who purchases, possesses, or stores aerial
 
23 common fireworks or special fireworks without first having
 

 
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 1 obtained a permit as required under section 132D-7 shall be
 
 2 guilty of a petty misdemeanor and shall be fined no less than
 
 3 $500, of which half shall be deposited into the fireworks
 
 4 enforcement fund under section 132D-   ."
 
 5      SECTION 9.  This Act does not affect rights and duties that
 
 6 matured, penalties that were incurred, and proceedings that were
 
 7 begun, before its effective date.
 
 8      SECTION 10.  Statutory material to be repealed is bracketed.
 
 9 New statutory material is underscored.
 
10      SECTION 11.  This Act shall take effect upon its approval.
 
11 
 
12                           INTRODUCED BY:_________________________