SB2183 SD1

SECTION 1. The legislature finds that the transportation of fireworks to, from, and within the State requires the utilization of multiple modes or methods of transport, including but not limited to interstate maritime transportation and intrastate trucking. The legislature also finds that, given the diversity of transportation processes and modes, it is essential to, and in the best interest of, the health and safety of first responders that the importation of fireworks shipments be thoroughly accounted for and reported.

The legislature further finds that Hawaii's fireworks law provides requirements under section 132D-8.6, Hawaii Revised Statutes, for licensed individuals or entities that ship fireworks. However, the legislature acknowledges that, while the definition of "shipper" was added to section 132D-2, Hawaii Revised Statutes, pursuant to Act 127, Session Laws of Hawaii 2011, the requirements for shippers were inadvertently omitted from the Hawaii Revised Statutes. The legislature therefore finds that to ensure a more comprehensive tracking of all shipments of fireworks imported into the State, additional requirements regarding those persons and entities defined as "shippers" are necessary.

The legislature also finds it reasonable to authorize certain acts regarding fireworks, and necessary to clarify a labeling requirement regarding certain fireworks.

The purpose of this Act is to amend current state fireworks law by:

(1) Delineating the responsibilities of those persons and entities defined as "shippers";

(2) Authorizing the use of fireworks, by permit, for film and movie productions;

(3) Authorizing the testing, disposal, and destruction of illegal and unwanted fireworks by an authority having jurisdiction as determined by each county, as appropriate; and

(4) Correcting labeling dimensions with regard to display fireworks, articles pyrotechnic, or aerial devices used for a display.

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

"§132D- Requirements for shippers. Any shipper that receives fireworks that are imported into the State or transported between counties, before shipment, shall notify the county fire chief of the county to which the shipment is destined as to whether the shipment will be distributed from:

(1) Pier to pier;

(2) Pier to warehouse or storage facility; or

(3) Pier to redistribution."

SECTION 3. Section 132D-6, Hawaii Revised Statutes, is amended to read as follows:

"[[]§132D-6[]] Exceptions. The prohibitions in section 132D-5 do not apply to:

(1) The use of flares, noisemakers, or signals for warning, pest control, or illumination purposes by police and fire departments, utility companies, transportation agencies, and other governmental or private agencies or persons, including agricultural operations, in connection with emergencies, their duties, or business; [~~and~~]

(2) The sale or use of blank cartridges for a show or theater, or for signal, commercial, or institutional purposes in athletics or sports[.];

(3) The purchase and use of consumer fireworks, aerial devices, display fireworks, or articles pyrotechnic in a film or movie production with a valid permit issued by a county pursuant to section 132D-10; and

(4) The testing, disposal, or destruction of illegal or unwanted fireworks by an authority having jurisdiction as determined by each county, as appropriate."

SECTION 4. Section 132D-16.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Each shell, mine, comet, and multiple tube device, such as finale or barrage boxes, roman candle batteries, or cakes, shall bear a permanent label listing the licensee's name, address, and contact information to include telephone number or electronic mail address. The label shall also list the name and business address of the manufacturer. The label shall be approved by the state fire council and conform to the following standards:

(1) Numerals and letters of the printed matter shall be not less than one-eighth of an inch high;

(2) Required statements shall be printed in a color that contrasts sharply with the background and shall be printed within a borderline; and

(3) The label shall measure at least nine [~~inches by nine~~] square inches; provided that if the size of the shell, mine, comet, or multiple tube device is too small to correctly display a label of this size, the label may be reduced to a size no smaller than necessary to properly display the information described in this section."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	2183
TWENTY-NINTH LEGISLATURE, 2018		S.D. 1
STATE OF HAWAII