HB3366

SECTION 1. The legislature finds that consumers illegally obtaining display fireworks, articles pyrotechnic, and aerial devices are violating state law.

The purpose of this Act is to provide to the counties with more authority to enforce and administer the state fireworks control law.

SECTION 2. Section 132D-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Carrier" means an individual or company engaged in transporting passengers or goods for profit."

SECTION 3. Section 132D-2, Hawaii Revised Statutes, is amended by amending the definition of "Display fireworks" to read as follows:

""Display fireworks" means any fireworks designed primarily for exhibition display by producing visible or audible effects and classified as display fireworks or contained in the regulations of the United States Department of Transportation and designated as UN0333, UN0334,[or] UN0335, and includes salutes containing more than two grains (one hundred and thirty milligrams) of explosive materials, aerial shells containing more than forty grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks". This term also includes fused setpieces containing components, which together exceed fifty milligrams of salute power. The use of display fireworks shall be prohibited for use by any person who does not have a display permit issued by a county."

SECTION 4. Section 132D-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"§132D‑5 General prohibitions. (a) It shall be unlawful for any person [~~without a permit~~] to:

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

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

(3) 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;

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

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

(D) 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) Within five hundred feet from any hotel; except as may be permitted pursuant to section 132D-10.

SECTION 5. Section 132D-12, Hawaii Revised Statutes, is amended to read as follows:

"§132D‑12 Sale to minors. It shall be unlawful for any person to offer for sale, sell, or give any fireworks or articles pyrotechnic to minors, and for any minor to offer for sale, sell, possess, purchase, or set off, ignite, or otherwise cause to explode any fireworks or articles pyrotechnic, except as provided in section 132D-13."

SECTION 6. Section 132D-20, Hawaii Revised Statutes, is amended to read as follows:

"§132D-20 Enforcement. (a) This chapter shall be enforced by each county. The counties are authorized to enforce and administer [~~the provisions of~~] this chapter.

(b) Upon request from an auditor of fireworks, a carrier will provide shipper and manifest information. A carrier refusing to provide shipper and manifest information shall be fined not more than $5,000."

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	3366
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII