HB662

SECTION 1. The purpose of this Act is to ban consumer use of fireworks except for religious or cultural purposes.

SECTION 2. Chapter 132D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§132D- Use of fireworks restricted. Notwithstanding any law to the contrary, it shall be unlawful for any person to set off, ignite, discharge, or otherwise explode consumer fireworks in this State at any time, except for religious or cultural purposes as allowed by permit issued by a county."

SECTION 3. 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~~] any of the various ethnic groups of Hawaii[.] and of any religions."

SECTION 4. Section 132D-3, Hawaii Revised Statutes, is amended to read as follows:

"§132D‑3 Permissible uses of consumer fireworks. Consumer fireworks may be 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);~~

~~provided that the~~] for religious or cultural purposes by persons as allowed by permit pursuant to section 132D-10. The purchase of not more than five thousand individual consumer fireworks commonly known as firecrackers shall be allowed under each permit."

SECTION 5. Section 132D-5, Hawaii Revised Statutes, is amended 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[:] without a permit issued by the county in which the permitted activity is to occur:

(A) At any time not within the periods for use [~~prescribed in section 132D-3, unless permitted pursuant to section 132D-10;~~] authorized in the permit;

(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.

(b) It shall be unlawful to purchase consumer fireworks more than five calendar days before the time periods for permissible use [~~under section 132D-3.~~

~~(c) It shall be unlawful to sell consumer fireworks after 12:01 a.m. on New Year's Day, 6:00 p.m. on Chinese New Year's Day, and 8:00 p.m. on the Fourth of July~~]."

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 licensee, other than a wholesaler who is selling or transferring fireworks or articles pyrotechnic to a licensed retailer, to sell or offer to sell, exchange for consideration, give, transfer, or donate any fireworks or articles pyrotechnic 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 or articles pyrotechnic, and the seller or transferor shall indicate on the permit the amount and type of fireworks or articles pyrotechnic 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 to have been previously 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 permissible use."

SECTION 7. Section 132D-9, Hawaii Revised Statutes, is amended to read as follows:

"§132D-9 Application for permit. The permit required under section 132D-10 or 132D-16 shall be issued by the county or its authorized designees and be nontransferable. The county or its authorized designees shall issue all permits for which complete applications have been submitted and which contain only correct information. The permit shall specify the date of issuance or effect and the date of expiration but in no case for a period to exceed one year. The permit for the purchase of consumer fireworks for the purposes of section 132D-3 shall not allow purchase for more than one event as set forth in section 132D-3. The application shall be made on a form setting forth the dates for which the permit shall be valid, the location where the permitted activity is to occur, 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. The permit application may be denied if the proposed use of fireworks or articles pyrotechnic presents a substantial inconvenience to the public or presents an unreasonable fire or safety hazard. The county shall issue permits no earlier than sixty calendar days and no later than fourteen calendar days prior to the date of use as prescribed in the permit. Any permit issued pursuant to this chapter shall be prominently displayed in public view at the site."

SECTION 8. Section 132D-11, Hawaii Revised Statutes, is amended to read as follows:

"§132D-11 Fee. (a) The fee for the license required under section 132D‑7 shall be $3,000 for importers, $2,000 for each wholesaler's site, $1,000 for each storage site, and $500 for each retailer's site for each year or fraction of a year in which the licensee plans to conduct business and shall be payable to the county. The license and permit fees shall be used solely by each county fire department to pay for the salary of an auditor of fireworks and articles pyrotechnic records and all expenses incurred to fulfill the duties required, including the inspection of inventory and storage facilities, maintenance of required records, and the training of the auditor. The auditor shall monitor strict inventory and recordkeeping requirements to ensure that sales of fireworks or articles pyrotechnic are made only to license or permit holders under this chapter. Each importer, wholesaler, and retailer shall maintain accurate records of each purchase and sale of fireworks and shall submit those records to the county auditor.

(b) The county shall provide an exemption from the fees under this section to nonprofit community groups for importation and storage of fireworks or articles pyrotechnic for [~~displays~~] a single fireworks display once a year.

[~~(b)~~] (c) The fee for the license required under section 132D-7 shall be the fee specified in subsection (a) for each year, fraction of a year, or event in which the licensee plans to conduct business and shall be payable to the county in which the permitted activity is to occur."

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

SECTION 10. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	662
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII