REPORT TITLE:
Fireworks Prohibition

DESCRIPTION:
Prohibits the import, sale, and use of fireworks; eliminates the
licensing and permitting for the import, sale, and use of
fireworks; makes all fines imposed for violating chapter 132D,
HRS, payable to the county in which the violation occurred.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           679
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT
RELATING TO FIREWORKS IN COUNTIES.



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 overtakes the counties resources such as police, fire, and
 
 8 ambulance in enforcement and responding to emergencies.
 
 9      While the legislature recognizes the popularity of fireworks
 
10 in Hawaii and the cultural and historical significance of
 
11 celebrations to the people of the State, including New Year's,
 
12 Chinese New Year's, and the Fourth of July, the legislature
 
13 nevertheless finds that the costs of fireworks to society greatly
 
14 outweigh any benefits derived from the continued legalization of
 
15 fireworks.
 
16      The purpose of this Act is to ban all fireworks in all
 
17 counties of Hawaii for the protection of the health, safety, and
 
18 welfare of the people of this State.  This Act also repeals the
 
19 ability of counties to grant permits and exceptions.  The
 
20 counties will enforce the ban through criminal prosecution and
 

 
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 1 fines imposed shall be payable to the counties.
 
 2      SECTION 2.  Chapter 132D, Hawaii Revised Statutes, is
 
 3 amended by adding a new section to be appropriately designated
 
 4 and to read as follows:
 
 5      "§132D-     General prohibitions.  (a)  It shall be unlawful
 
 6 for any person to:
 
 7      (1)  Import, sell, or offer to sell fireworks in this State;
 
 8           or
 
 9      (2)  Purchase, set off, ignite, discharge, or otherwise
 
10           cause to explode fireworks in this State; or knowingly
 
11           or recklessly permit, aid, or abet the setting off,
 
12           ignition, discharge, or explosion of fireworks on the
 
13           premises under the person's charge.
 
14      (b)  As used in this section, "fireworks" means any
 
15 combustible or explosive composition, or any substance or
 
16 combination of substances, or article prepared for the purpose of
 
17 producing a visible or audible effect by combustion, explosion,
 
18 deflagration, or detonation and classified as common or 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 or UN 0336 1.4G.
 
22 The term "fireworks" shall not include automotive safety flares,
 
23 nor shall the term be construed to include toy pistols, toy
 

 
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                                     S.B. NO.           679
                                                        
                                                        

 
 1 cannons, toy guns, party poppers, pop-its, or other devices which
 
 2 contain twenty-five hundredths of a grain or less of explosives
 
 3 substance.  The term "fireworks" also shall not include any
 
 4 explosives and pyrotechnics regulated under chapter 396."
 
 5      SECTION 3.  Section 132D-6, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "[[]§132D-6[]]  Exceptions.  The prohibitions in section
 
 8 [132D-5] 132D-    do not apply to:
 
 9      (1)  The use of flares, noisemakers, or signals for warning,
 
10           pest control, or illumination purposes by police and
 
11           fire 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      (2)  The sale or use of blank cartridges for a show or
 
17           theater, or for signal, commercial, or institutional
 
18           purposes in athletics or sports."
 
19      SECTION 4.  Section 132D-13, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "[[]§132D-13[]]  Liability of parents or guardians.  The
 
22 parents, guardian, and other persons having the custody or
 
23 control of any minor, who knowingly permit the minor to possess,
 

 
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                                     S.B. NO.           679
                                                        
                                                        

 
 1 purchase, or set off, ignite, or otherwise cause to explode any
 
 2 fireworks, shall be deemed to be in violation of this chapter and
 
 3 shall be subject to the penalties thereunder[, except that the
 
 4 parents or guardian may allow the minor to use fireworks while
 
 5 under the immediate supervision and control of the parent or
 
 6 guardian, or under the supervision and control of another
 
 7 adult]."
 
 8      SECTION 5.  Section 132D-14, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "[[]§132D-14[]]  Penalty.(a)  Any person importing aerial
 
11 common fireworks or special fireworks into the State without
 
12 first having obtained a license as required by section 132D-7
 
13 shall be guilty of a class C felony.
 
14      (b)  Except as provided in subsection (a), any person
 
15 violating any other provision of this chapter, shall be guilty of
 
16 a petty misdemeanor.
 
17      (c)  Notwithstanding section 706-643, all fines imposed for
 
18 violating this chapter shall be payable to the county in which
 
19 the violation occurred."
 
20      SECTION 6.  Section 132D-17, Hawaii Revised Statutes, is
 
21 amended by amending subsection (b) to read as follows:
 
22      "(b)  Notwithstanding any other law to the contrary, no
 
23 county shall enact any ordinances or adopt any rules[, except as
 

 
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                                     S.B. NO.           679
                                                        
                                                        

 
 1 required in section 132D-7] regulating fireworks.  All ordinances
 
 2 and rules regulating fireworks, adopted by a county before
 
 3 March 31, 1995, are declared null and void."
 
 4      SECTION 7.  Section 132D-20, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "[[]§132D-20[]]  Enforcement.  This chapter shall be
 
 7 enforced by the [department and] designated county agencies.
 
 8 [The counties are authorized to enforce and administer the
 
 9 provisions of this chapter regulating permits for display,
 
10 agricultural uses, uses by commercial establishments and
 
11 wholesale and retail sales of fireworks.]"
 
12      SECTION 8.  Section 132D-2, Hawaii Revised Statutes, is
 
13 repealed.
 
14      ["[§132D-2]  Definitions.  As used in this chapter unless
 
15 the context requires otherwise:
 
16      "Aerial common fireworks" means any firework, classified as
 
17 common fireworks by the United States Bureau of Explosives or
 
18 contained in the regulations of the United States Department of
 
19 Transportation and designated as UN 0336 1.4G, which produces an
 
20 audible or visible effect and which is designed to rise into the
 
21 air and explode or detonate in the air or to fly about above the
 
22 ground and which is prohibited for use by any person who does not
 
23 have a display permit issued by a county.  "Aerial common
 

 
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 1 fireworks" include firework items commonly known as bottle
 
 2 rockets, sky rockets, missile-type rockets, helicopters,
 
 3 torpedoes, daygo bombs, roman candles, jumping jacks which move
 
 4 about the ground farther than inside a circle with a radius of
 
 5 twelve feet as measured from the point where the item was placed
 
 6 and ignited, types of balloons which require fire underneath to
 
 7 propel the same, aerial shells and mines.
 
 8      "Common fireworks" means any firework designed primarily for
 
 9 retail sale to the public during prescribed dates and which
 
10 produces visible or audible effects through combustion and which
 
11 is classified as common fireworks by the United States Bureau of
 
12 Explosives or contained in the regulations of the United States
 
13 Department of Transportation and designated as UN 0336 1.4G.
 
14      "Department" means the state fire council.
 
15      "Fireworks" means any combustible or explosive composition,
 
16 or any substance or combination of substances, or article
 
17 prepared for the purpose of producing a visible or audible effect
 
18 by combustion, explosion, deflagration or detonation and
 
19 classified as common or special fireworks by the United States
 
20 Bureau of Explosives or contained in the regulations of the
 
21 United States Department of Transportation and designated as UN
 
22 0335 1.3G or UN 0336 1.4G.  The term "fireworks" shall not
 
23 include automotive safety flares, nor shall the term be construed
 

 
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                                     S.B. NO.           679
                                                        
                                                        

 
 1 to include toy pistols, toy cannons, toy guns, party poppers,
 
 2 pop-its or other devices which contain twenty-five hundredths of
 
 3 a grain or less of explosives substance.  The term "fireworks"
 
 4 also shall not include any explosives and pyrotechnics regulated
 
 5 under chapter 396.
 
 6      "License" means a nontransferable, formal authorization,
 
 7 valid for a period not to exceed one calendar year from the date
 
 8 of issuance and which the department is hereby authorized to
 
 9 issue under this chapter, to engage in the act or acts
 
10 specifically designated herein.
 
11      "Non-aerial common fireworks" means any firework, classified
 
12 as common fireworks by the United States Bureau of Explosives or
 
13 contained in the regulations of the United States Department of
 
14 Transportation and designated as UN 0336 1.4G, which produces an
 
15 audible or visible effect and which is designed to remain on or
 
16 near the ground and which, while stationary or spinning rapidly
 
17 on or near the ground, emits smoke, a shower of colored sparks,
 
18 whistling effects, flitter sparks or balls of colored sparks and
 
19 combination items which contain one or more of these effects.
 
20 "Non-aerial common fireworks" include firework items commonly
 
21 known as firecrackers which are single paper cylinders not
 
22 exceeding one and one-half inches in length excluding the fuse
 
23 and one quarter of an inch in diameter containing a charge of not
 

 
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                                     S.B. NO.           679
                                                        
                                                        

 
 1 more than fifty milligrams of pyrotechnic composition, snakes,
 
 2 sparklers, fountains, and cylindrical or cone fountains which
 
 3 emit effects up to a height not greater than twelve feet above
 
 4 the ground, illuminating torches, bamboo canons, whistles, toy
 
 5 smoke devices, wheels, and ground spinners which when ignited
 
 6 remain within a circle with a radius of twelve feet as measured
 
 7 from the point where the item was placed and ignited, novelty or
 
 8 trick items, combination items, and other fireworks of like
 
 9 construction which are designed to produce the same or similar
 
10 effects.
 
11      "Permit" means a nontransferable, formal authorization,
 
12 valid for a period not to exceed one calendar year from the date
 
13 of issuance and which a county is hereby authorized to issue
 
14 under this chapter, to engage in the act or acts specifically
 
15 designated herein.
 
16      "Pyrotechnic composition" or "pyrotechnic contents" means
 
17 the combustible or explosive component of fireworks.
 
18      "Special fireworks" means any firework designed primarily
 
19 for exhibition display by producing visible or audible effects
 
20 and classified as special fireworks by the United States Bureau
 
21 of Explosives or contained in the regulations of the United
 
22 States Department of Transportation and designated as UN 0335
 
23 1.3G and which are prohibited for use by any person who does not
 

 
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                                     S.B. NO.           679
                                                        
                                                        

 
 1 have a display permit issued by a county."]
 
 2      SECTION 9.  Section 132D-3, Hawaii Revised Statutes, is
 
 3 repealed.
 
 4      ["[§132D-3]  Permissible uses of non-aerial common
 
 5 fireworks.  Non-aerial common fireworks may be set off, ignited,
 
 6 discharged, or otherwise caused to explode within the State 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)."]
 
15      SECTION 10.  Section 132D-4, Hawaii Revised Statutes, is
 
16 repealed.
 
17      ["[§132D-4]  Permissible uses of special and aerial common
 
18 fireworks.  Special and aerial common fireworks may be purchased,
 
19 set off, ignited, or otherwise caused to explode in the State
 
20 only if permitted in writing pursuant to section 132D-10."]
 
21      SECTION 11.  Section 132D-5, Hawaii Revised Statutes, is
 
22 repealed.
 
23      ["[§132D-5]  General prohibitions.  It shall be unlawful for
 

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

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

 
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                                     S.B. NO.           679
                                                        
                                                        

 
 1 the names of all partners or, if a corporation, the name of the
 
 2 corporation and the names of its officers.
 
 3      (b)  Each storage, wholesaling and retailing site shall be
 
 4 required to obtain a separate license.  The license shall specify
 
 5 the date of issuance or effect and the date of expiration, which
 
 6 shall be March 31 of each year.  The application shall be made on
 
 7 a form setting forth the date upon which the storage, sale or
 
 8 offers for sale are to begin, the address of the location of the
 
 9 licensee, and the name of the proprietor, or, if a partnership,
 
10 the name of the partnership and the names of all partners or, if
 
11 a corporation, the name of the corporation and the name of its
 
12 officers.  Any license issued pursuant to this chapter may be
 
13 revoked by the department if the licensee violates any provision
 
14 of this chapter or if the licensee stores or handles the
 
15 fireworks in such a manner as to present an unreasonable safety
 
16 hazard.
 
17      (c)  It shall be unlawful for any person, other than a
 
18 wholesaler who is selling or transferring fireworks to a licensed
 
19 retailer, to sell or offer to sell any fireworks:
 
20      (1)  More than seven calendar days prior to the designated
 
21           period for use as described in section 132D-3(1);
 
22      (2)  At other than the designated periods for use set forth
 
23           in section 132D-3(1), unless the purchaser presents a
 

 
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                                     S.B. NO.           679
                                                        
                                                        

 
 1           valid permit; or
 
 2      (3)  At any other time, and whenever the sale of special
 
 3           fireworks is involved, to any person who does not
 
 4           present a permit duly issued as required by section
 
 5           132D-7.  The permit shall be signed by the seller or
 
 6           transferor at the time of sale or transfer of the
 
 7           fireworks, and the seller or transferor shall indicate
 
 8           on the permit the amount and type of fireworks sold or
 
 9           transferred.  No person shall sell or deliver fireworks
 
10           to any permittee in any amount in excess of the amount
 
11           specified in the permit, less the amount shown on the
 
12           permit previously to have been purchased.
 
13      (d)  Any license issued pursuant to this chapter shall be
 
14 prominently displayed in public view at each licensed location."]
 
15      SECTION 14.  Section 132D-9, Hawaii Revised Statutes, is
 
16 repealed.
 
17      ["[§132D-9]  Application for permit.  The permit required
 
18 under section 132D-7 shall be issued by the county fire
 
19 department and be nontransferable.  The county shall issue all
 
20 permits for which complete applications have been submitted and
 
21 which contain only correct information.  The permit shall specify
 
22 the date of issuance or effect and the date of expiration but in
 
23 no case for a period to exceed one year.  The application shall
 

 
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                                     S.B. NO.           679
                                                        
                                                        

 
 1 be made on a form setting forth the dates for which the permit
 
 2 shall be valid, the location where the permitted activity is to
 
 3 occur, and the name of the proprietor or, if a partnership, the
 
 4 name of the partnership and the names of all partners or, if a
 
 5 corporation, the name of the corporation and the names of its
 
 6 officers.  The permit application may be denied if the proposed
 
 7 use of fireworks presents a substantial inconvenience to the
 
 8 public or presents an unreasonable fire or safety hazard.  Any
 
 9 permit issued pursuant to this chapter shall be prominently
 
10 displayed in public view at the site."]
 
11      SECTION 15.  Section 132D-10, Hawaii Revised Statutes, is
 
12 repealed.
 
13      ["[§132D-10]  Permits.  A permit shall be required for the
 
14 purchase, setting off, ignition, or discharge of:
 
15      (1)  Any non-aerial common fireworks when the proposed date
 
16           of the use of the fireworks is not within the periods
 
17           prescribed in section 132D-3(1); and
 
18      (2)  Any aerial common and any special fireworks under all
 
19           circumstances and at any time."]
 
20      SECTION 16.  Section 132D-11, Hawaii Revised Statutes, is
 
21 repealed.
 
22      ["[§132D-11]  Fee.  The fee for the license required under
 
23 section 132D-7 shall not exceed $110 for each year or fraction of
 

 
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                                     S.B. NO.           679
                                                        
                                                        

 
 1 a year in which the licensee plans to conduct business and shall
 
 2 be payable to the department.  The fee for the permit required
 
 3 under section 132D-7 shall be no greater than $25 for each year
 
 4 or fraction of a year in which the permittee plans to conduct
 
 5 business and shall be payable to the county in which the
 
 6 permitted activity is to occur."]
 
 7      SECTION 17.  Section 132D-12, Hawaii Revised Statutes, is
 
 8 repealed.
 
 9      ["[§132D-12]  Sale to minors.  It shall be unlawful for any
 
10 person to offer for sale, sell, or give any fireworks to minors,
 
11 and for any minor to possess, purchase, or set off, ignite, or
 
12 otherwise cause to explode any fireworks, except as provided in
 
13 section 132D-13."]
 
14      SECTION 18.  Section 132D-15, Hawaii Revised Statutes, is
 
15 repealed.
 
16      ["[§132D-15]  Notice requirements.  Each licensed retail
 
17 outlet shall post adequate notice that clearly cautions each
 
18 person purchasing fireworks of the prohibitions, liabilities, and
 
19 penalties incorporated in sections 132D-12, 132D-13, and
 
20 132D-14."]
 
21      SECTION 19.  Section 132D-16, Hawaii Revised Statutes, is
 
22 repealed.
 
23      ["[§132D-16]  Permit for public display.(a)  Any person
 

 
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                                     S.B. NO.           679
                                                        
                                                        

 
 1 desiring to set off, ignite, or discharge special fireworks for a
 
 2 public display shall apply to, and obtain a permit as required by
 
 3 section 132D-7, from the county not less than twenty days before
 
 4 the date of the display.
 
 5      (b)  The application shall state, among other things:
 
 6      (1)  The name, age, and address of the applicant;
 
 7      (2)  The name, age, and address of the person who will
 
 8           operate the display, and verification that the person
 
 9           is a licensed pyrotechnic operator;
 
10      (3)  The time, date, and place of the display;
 
11      (4)  The type and quantity of special fireworks to be
 
12           displayed; and
 
13      (5)  The purpose or occasion for which the display is to be
 
14           presented.
 
15      (c)  No permit shall be issued under this section unless the
 
16 applicant presents, at the applicant's option, either:
 
17      (1)  A written certificate of an insurance carrier, which
 
18           has been issued to or for the benefit of the applicant,
 
19           or a policy providing for the payment of damages in the
 
20           amount of not less than $5,000 for injury to, or death
 
21           of, any one person, and subject to the foregoing
 
22           limitation for one person; in the amount of not less
 
23           than $10,000 for injury to, or death of, two or more
 

 
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                                     S.B. NO.           679
                                                        
                                                        

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

 
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                                     S.B. NO.           679
                                                        
                                                        

 
 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)  The county, pursuant to duly adopted rules, shall issue
 
 6 the permit after being satisfied that the requirements of
 
 7 subsection (c) have been met, the display will be handled by a
 
 8 pyrotechnic operator duly licensed by the State, the display will
 
 9 not be hazardous to property, and the display will not endanger
 
10 human life.  The permit shall authorize the holder to display
 
11 special fireworks only at the place and during the time set forth
 
12 therein, and to acquire and possess the specified special
 
13 fireworks between the date of the issuance of the permit and the
 
14 time during which the display of those special fireworks is
 
15 authorized."]
 
16      SECTION 20.  Section 132D-19, Hawaii Revised Statutes, is
 
17 repealed.
 
18      ["[§132D-19]  Rules.  The department shall adopt rules
 
19 pursuant to chapter 91 to carry out the purposes of this chapter,
 
20 including, but not limited to different classes of licenses and
 
21 permits for matters concerning special and common fireworks."]
 
22      SECTION 21.  This Act does not affect rights and duties that
 
23 matured, penalties that were incurred, and proceedings that were
 

 
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                                     S.B. NO.           679
                                                        
                                                        

 
 1 begun, before its effective date.
 
 2      SECTION 22.  Statutory material to be repealed is bracketed.
 
 3 New statutory material is underscored.
 
 4      SECTION 23.  This Act shall take effect upon its approval.
 
 5 
 
 6                           INTRODUCED BY:_________________________