CONFERENCE COMMITTEE REPORT NO.63

                            Honolulu, Hawaii
                                            , 2000

                            RE:   S.B. No. 680
                                  S.D. 1
                                  H.D. 2
                                  C.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
Senate to the amendments proposed by the House of Representatives
in S.B. No. 680, S.D. 1, H.D. 2, entitled:  

     "A BILL FOR AN ACT RELATING TO FIREWORKS," 

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this measure, as introduced, is to allow the
counties to regulate the use of non-aerial common fireworks
through the issuance of certificates of use, and to establish as
a misdemeanor the storing, possessing, purchasing, selling,
transferring, setting off, igniting, or discharging of aerial
common fireworks without a license or permit.

     Your Committee upon further consideration has amended the
measure to:

     (1)  Delete the provisions regarding certificates of use;


 
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     (2)  Add a new section providing that aerial common
          fireworks and/or special fireworks shall only be
          imported and stored in an amount sufficient for an
          anticipated three-month inventory, or for a six-month
          inventory if a licensee uses fireworks for public
          displays more than once a month;

     (3)  Require a person who has obtained a license and ships
          fireworks into the State to clearly designate fireworks
          on the bill of lading, declare the gross weight and the
          location of the storage facility, if applicable, and
          notify the county how the shipment will be distributed
          and the expected landing date;  

     (4)  Allow the fire department to inspect any shipment
          declared on a shipping manifest as fireworks;

     (5)  Require a facility in which fireworks are to be stored
          to have approval fifteen days prior to arrival, and to
          meet all state and county fire and safety codes;

     (6)  Subject any fireworks that have landed to seizure and
          forfeiture if the importer or consignee does not have a
          valid license to import fireworks, store fireworks, or
          has not properly declared the fireworks, and set
          increasing penalties by weight;

     (7)  Add definitions for the terms "cultural", "import", and
          "public display";

     (8)  Allow non-aerial common fireworks to be used only from
          9:00 p.m. on New Year's Eve to 1:00 a.m. on New Year's
          Day, from 7:00 a.m. to 7:00 p.m. on Chinese New Year's
          Day, and from 1:00 p.m. to 9:00 p.m. on the Fourth of
          July, or from 9:00 a.m. to 9:00 p.m. as allowed by
          permit, provided that the purchase is not more than
          5,000 individual firecrackers under each permit;

     (9)  Allow special fireworks and aerial common fireworks to
          be used only by permit for public display;

    (10)  Provide that a license issued by the county is
          nontransferable, and if a licensee has been convicted
          of a felony under the chapter, the license shall be
          revoked and no new license shall be issued for two
          years;


 
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    (11)  Allow fireworks only to be sold to a permittee not more
          than five days in advance of the applicable time
          period;

    (12)  Restrict the permit for non-aerial common fireworks to
          one event for each permit;

    (13)  Provide for a license fee of $3,000 for importers,
          $2,000 for each wholesalers' site, $1,000 for each
          storage site, $500 for each retailer's site, and $110
          for permits for public display, and that the license
          fees shall be used by each county fire department to
          pay the salary of an auditor of fireworks records;

    (14)  Require a county to exempt nonprofit community groups
          from the license fees for importation and storage of
          fireworks for displays once a year;

    (15)  Provide that any person importing aerial common
          fireworks or special fireworks without a valid license
          shall be guilty of a class C felony;

    (16)  Provide that any person purchasing, possessing, setting
          off, igniting, or discharging aerial common fireworks
          or special fireworks without a valid permit, or
          storing, selling, or possessing aerial common fireworks
          or special fireworks without a valid license with a
          total weight of twenty-five pounds or more shall be
          guilty of a class C felony, and if the weight is less
          than twenty-five pounds, shall be guilty of a
          misdemeanor;

    (17)  Provide that any person who transfers or sells aerial
          common fireworks or special fireworks to a person
          without a permit shall be guilty of a class C felony;

    (18)  Provide that any person who removes or extracts the
          pyrotechnic contents from any fireworks related device
          shall be guilty of a misdemeanor;

    (19)  Provide that a person violating any other provision of
          the chapter not otherwise set forth shall be fined not
          more than $2,000;

    (20)  Direct the courts to collect fines imposed for
          violations and allocate twenty per cent to the State
          and eighty per cent to the county in which the fine was
          imposed for law enforcement purposes;


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    (21)  Preclude a county from enacting ordinances or adopting
          rules regulating fireworks that are inconsistent with
          or more restrictive than the provisions of this Act;

    (22)  Provide for county enforcement of the chapter; and

    (23)  Make the Act effective on July 6, 2000. 

     As affirmed by the record of votes of the managers of your
Committee on Conference that is attached to this report, your
Committee on Conference is in accord with the intent and purpose
of S.B. No. 680, S.D. 1, H.D. 2, as amended herein, and
recommends that it pass Final Reading in the form attached hereto
as S.B. No. 680, S.D. 1, H.D. 2, C.D. 1.

                                   Respectfully submitted on
                                   behalf of the managers:

  ON THE PART OF THE HOUSE           ON THE PART OF THE SENATE




_____________________________     _______________________________
Rep. ERIC G. HAMAKAWA             Sen. CAL KAWAMOTO
Co-Chair                          Co-Chair



_____________________________     _______________________________
Rep. BOB NAKASONE                 Sen. AVERY B. CHUMBLEY
Co-Chair                          Co-Chair



                                  _______________________________
                                  Sen. MATTHEW M. MATSUNAGA
                                  Co-Chair

 
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