HB618

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HOUSE OF REPRESENTATIVES	H.B. NO.	618
TWENTY-FIRST LEGISLATURE, 2001
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO FIREWORKS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 132D-2, Hawaii Revised Statutes, is amended by amending the definition of "cultural" to read as follows:

"["Cultural"] "Religious or cultural" means relating to the arts, customs, traditions, mores, and history of all of the various ethnic groups of Hawaii[.] and of all religions."

SECTION 2. Section 132D-3, Hawaii Revised Statutes, is amended to read as follows:

"§132D-3 Permissible uses of non-aerial common fireworks. [Non-aerial] (a) Except as provided in section 132D-13, non-aerial common fireworks may be purchased, possessed, set off, ignited, discharged, or otherwise caused to explode [within the State only:

(1) 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

(2) From 9:00 a.m. to 9:00 p.m. as allowed by permit pursuant to section 132D-10 if the proposed cultural use is to occur at any time other than during the periods prescribed in paragraph (1);]

in counties with a population of more than 500,000 persons as allowed by permit for religious or cultural purposes; provided that the purchase of not more than 5,000 individual non-aerial common fireworks commonly known as firecrackers shall be allowed under each permit.

(b) Non-aerial common fireworks may be purchased, possessed, set off, ignited, discharged, or otherwise caused to explode in counties with a population of less than 500,000 persons as provided by county ordinance."

SECTION 3. Section 132D-5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§132D-5[]] General prohibitions. It shall be unlawful for any person without a permit issued by the county in which the permitted activity is to occur to:

(1) Remove or extract the pyrotechnic contents from any fireworks;

(2) Throw any ignited fireworks from, at, or into a moving vehicle; or

(3) [Set] Except as provided in section 132D-13, purchase, possess, set off, ignite, discharge, or otherwise cause to explode [any fireworks]:

(A) [At any time not within the periods for use prescribed in section 132D-3, unless permitted pursuant to section 132D-10;] Non-aerial common fireworks in counties with a population of more than 500,000 persons;

(B) Non-aerial common fireworks in counties with a population of less than 500,000 persons if made unlawful by county ordinance;

[(B)] (D) Within one thousand feet from any operating hospital, convalescent home, home for the elderly, or animal hospital;

[(C)] (E) In any school building, or on any school grounds and yards without first obtaining authorization from appropriate school officials;

[(D)] (F) On any highway, alley, street, sidewalk, or other public way; in any park; within fifty feet from a canefield; or within one thousand feet from any building used for public worship during the periods when services are held; except as may be permitted pursuant to section 132D-10; and

[(E)] (G) Within five hundred feet from any hotel."

SECTION 4. Section 132D-7, Hawaii Revised Statutes, is amended to read as follows:

"§132D-7 License or permit required. A person shall not:

(1) Import, store, offer to sell, or sell, at wholesale or retail, aerial common fireworks, special fireworks, or non-aerial common fireworks, unless the person has a valid license issued by the county;

(2) Possess aerial common fireworks or special fireworks without a valid license to import, store, or sell aerial common fireworks or special fireworks, or a valid permit as provided for in this chapter; or

(3) Purchase non-aerial common fireworks with a permit [under] as required by section 132D-10 more than five calendar days before the applicable time period for use [prescribed in section 132D-3 in the county that issued the permit]."

SECTION 5. Section 132D-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) All licenses required under section 132D-7 shall be issued by the county and shall be nontransferable. Licenses to import shall specify the date of issuance or effect and the date of expiration, which shall be March 31 of each year. The application shall be made on a form setting forth the date upon which the importations are to begin, the address of the location of the importer, and the name of the proprietor or, if a partnership, the name of the partnership and the names of all partners or, if a corporation, the name of the corporation and the names of its officers. If the [state fire council or] county discovers at a later date that a licensee has been convicted of a felony under this chapter, the licensee's license shall be revoked and no new license shall be issued to the licensee for two years."

SECTION 6. Section 132D-8, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) It shall be unlawful for any person, other than a wholesaler who is selling or transferring fireworks to a licensed retailer, to sell or offer to sell any fireworks at any time to any person who does not present a permit duly issued as required by section 132D-10 or 132D-16. The permit shall be signed by the seller or transferor at the time of sale or transfer of the fireworks, and the seller or transferor shall indicate on the permit the amount and type of fireworks sold or transferred. No person shall sell or deliver fireworks to any permittee in any amount in excess of the amount specified in the permit, less the amount shown on the permit previously to have been purchased; provided that no fireworks shall be sold to a permittee holding a permit issued for purposes of section 132D-3, more than five calendar days before the applicable time period [under section 132D-3.] for use."

SECTION 7. Section 132D-10, Hawaii Revised Statutes, is amended to read as follows:

"§132D-10 Permits. A permit shall be required for the purchase of:

(1) Any non-aerial common fireworks [commonly known as firecrackers] upon payment of a fee of $25[;] in counties with a population of more than 500,000 persons; and

(2) Any non-aerial common fireworks in counties with a population of less than 500,000 persons if required by county ordinance; and

[(2)] (3) Any aerial common fireworks and any special fireworks [for the purposes of section 132D-16]."

SECTION 8. Section 132D-17, Hawaii Revised Statutes, is amended to read as follows:

"§132D-17 [Inconsistent] Rules; inconsistent county ordinances[, rules]. The county shall adopt rules pursuant to chapter 91 to carry out the purposes of this chapter. Notwithstanding any other law to the contrary, no county shall enact ordinances or adopt any rules regulating fireworks, except as required in this chapter, that is inconsistent with or more restrictive than, the provisions of this chapter. Any ordinances and rules regulating fireworks that were enacted or adopted by a county before March 31, 1995, except those provisions which are not inconsistent with, or more restrictive than those of this chapter, are declared void."

SECTION 9. Statutory material to be repealed is bracketed. New statutory material is underscored.

SECTION 10. This Act shall take effect on July 6, 2001.

INTRODUCED BY:	_____________________________