THE SENATE	S.B. NO.	2856
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to fireworks.

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

     SECTION 1.  The legislature finds that the island of Oahu continues to suffer the consequences of illegal- and the over-use of fireworks, especially every New Year's Eve.  The legislature also finds that providing the necessary resources to the fire and police departments is key to addressing the problems of regulating the use of fireworks.

     The purpose of this Act is to provide the necessary funds to county fire and police departments by raising fireworks-related fees and penalties and allocating those fees directly for the use of the county fire and police departments.

     SECTION 2.  Section 132D-10, Hawaii Revised Statutes, is amended to read as follows:

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

     (1)  Any consumer fireworks commonly known as firecrackers upon payment of a fee of [$25;] $35;

     (2)  Any aerial devices, display fireworks, or articles pyrotechnic for the purposes of section 132D-16 upon payment of a fee of [$110;] $130; and

     (3)  Any consumer fireworks for the purposes of section 132D-5 or for cultural uses that occur at any time other than during the periods prescribed in section 132D-3(1) upon a payment of a fee of [$25.] $35."

     SECTION 3.  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] $4,000 for importers, [$2,000] $2,600 for each wholesaler's site, [$1,000] $1,300 for each storage site, and [$500] $700 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.

(b)  The county that collects the license fees shall [be used solely by] distribute the fee to its county fire and police departments as follows:

(1) For  each county fire department:

(A) $3,000 from the fee collected from each importer;

(B) $2,000 from the fee collected from each wholesaler;

(C) $1,000 from the fee collected from each storage site; and

(D) $500 from the fee collected from each retailer;

provided that, each county fire department shall use the fee 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[.]; and

(2) For each county police department:

(A) $1,000 from the fee collected from each importer;

(B) $600 from the fee collected from each wholesaler;

(C) $300 from the fee collected from each storage site; and

(D) $200 from the fee collected from each retailer;

provided that each county police department shall use the fee for the enforcement of this chapter.

(c)  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 once a year.

     [(b)] (d)  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 4.  Section 132D-14, Hawaii Revised Statutes, is amended to read as follows:

     "§132D-14 Penalty.  (a)  Any person:

     (1)  Importing aerial devices, display fireworks, or articles pyrotechnic without having a valid license under section 132D-7 shall be guilty of a class C felony;

     (2)  Purchasing, possessing, setting off, igniting, or discharging aerial devices, display fireworks, or articles pyrotechnic without a valid permit under sections 132D-10 and 132D-16, or storing, selling, or possessing aerial devices, display fireworks, or articles pyrotechnic without a valid license under section 132D-7:

         (A)  If the total weight of the aerial devices, display fireworks, or articles pyrotechnic is twenty-five pounds or more, shall be guilty of a class C felony[;] and fined $1,500, plus $100 per each illegal item possessed, if any; or

         (B)  If the total weight of the aerial devices, display fireworks, or articles pyrotechnic is less than twenty-five pounds, shall be guilty of a misdemeanor[;] and fined $500, plus $100 per each illegal item possessed, if any;

     (3)  Who transfers or sells aerial devices, display fireworks, or articles pyrotechnic to a person who does not have a valid permit under sections 132D-10 and 132D-16, shall be guilty of a class C felony; and

     (4)  Who removes or extracts the pyrotechnic contents from any fireworks or articles pyrotechnic and uses the contents to construct fireworks, articles pyrotechnic, or a fireworks or articles pyrotechnic related device shall be guilty of a [misdemeanor.] class C felony and fined $5,000 for each violation.

     (b)  Except as provided in subsection (a) or (d) or as otherwise specifically provided for in this chapter, any person violating any other provision of this chapter, shall be fined not [more] less than [$2,000] $         for each violation.

     (c)  The court shall collect the fines imposed in subsections (a) [and], (b), and (d) for violating this chapter and [of the fines collected shall pay twenty per cent to the State and eighty per cent to] deposit the proceeds to the credit of the county in which the fine was imposed, which shall be expended by the county for law enforcement purposes.

(d)  Any person who commits a violation enumerated in this section that occurs outside the designated dates and times specified in section 132D-3 or a date or time specified in a permit for display under section 132D-16, shall be guilty of a class C felony, irrespective of the weight of the fireworks that resulted in the penalty, and shall be fined $10,000 for each violation."

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval; provided that section 3 shall be repealed on December 31, 2013, and section 132D-11, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day prior to the effective date of this Act.

INTRODUCED BY:

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Report Title:

Fireworks; Enforcement

Description:

Increases fireworks-related fees and penalties and allocates the fees to county fire and police departments to fund enforcement fireworks laws in the State.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.