THE SENATE	S.B. NO.	2185
THIRTY-FIRST LEGISLATURE, 2022		S.D. 2
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 use of fireworks has substantially increased in recent years. Fireworks-related injuries continue to be a significant cause of trauma, particularly among young children, and can put considerable strain on emergency medical services and hospital emergency rooms that treat patients for burns and serious or critical fireworks-related injuries. The illegal fireworks task force established by Act 170, Session Laws of Hawaii 2010, recommended that the legislature consider increasing fireworks permit fees to discourage the use of fireworks by consumers and to promote public safety, general welfare, and the protection of property.

Accordingly, the purpose of this Act is to:

(1) Increase fireworks permit fees collected by the counties and require all the amounts received for the permits to be deposited into the department of health emergency medical services special fund to support emergency medical services functions on all islands; and

(2) Require the fireworks and articles pyrotechnic records auditor for each county to submit an annual report to the legislature detailing inventory, recordkeeping, and sales of fireworks to license or permit holders.

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;] $50;

(2) Any aerial devices, display fireworks, or articles pyrotechnic for the purposes of section 132D-16 upon payment of a fee of [$110;] $220; 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.] $50.

All amounts collected under this section shall be deposited into the emergency medical services special fund administered by the department of health and established under section 321-234."

SECTION 3. Section 132D-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(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 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 of fireworks and articles pyrotechnic records 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. The auditor of fireworks and articles pyrotechnic records shall provide to the legislature an annual report no later than twenty days prior to the convening of each regular session detailing the inventory, recordkeeping, and sales of fireworks to license or permit holders. 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."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on January 1, 2023.

Report Title:

Fireworks; Permit Fees; Audit; County Fire Departments; Annual Report

Description:

Increases the fees for permits required for the purchase and use of fireworks. Requires the auditor of fireworks and articles pyrotechnic records for each county fire department to submit an annual report to the Legislature detailing inventory, recordkeeping, and sales of fireworks to license or permit holders. Effective 1/1/2023. (SD2)

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