Report Title:

Fire Protection; State Fire Council; Fireworks; Fees

Description:

Establishes administrative positions, responsibilities, and funding source; requires counties to pay fees collected from all firework licenses and one-half of firework permits to state fire council.

HOUSE OF REPRESENTATIVES

H.B. NO.

1446

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE STATE FIRE COUNCIL.

 

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

SECTION 1. The legislature finds that the state fire council needs assistance to effectively perform its functions. The state fire council has limited funding for a part-time position, meetings and other incidental expenses. County fire department personnel currently assist the state fire council with state fire council functions including amendment of the state fire code and application for federal grants. This deprives the county fire department of full use of its personnel.

The legislature further finds that the state fire council needs funding to effectively perform these and other functions, including coordination of statewide training, fire data collection, standard procedures and forms relating to fire inspections, and reporting fires.

The purpose of this Act is to create a state fire council special fund and to authorize the state fire council to employ an administrator, administrative assistant, and other personnel, as it deems necessary to perform its functions, and to authorize that the expenses incurred in the performance of the functions of the state fire council be payable from certain fees issued and collected by the county.

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

"§132-   State fire council special fund. (a) There is established in the state treasury a special fund to be known as the state fire council special fund into which shall be deposited all fees, penalties, finds, and interest collected pursuant to chapter 132D from the sale, use, importation, and storage of fireworks. The moneys in the fund shall be used to carry out the purposes of this section. The director of finance shall disburse the moneys in the fund in accordance with instructions from the director of labor and industrial relations.

(b) The fund may be used for:

(1) Personnel and operating expenses for the state fire council;

(2) All council costs and expenses;

(3) Preparation and dissemination of public information on subjects as they pertain to the state fire council;

(4) Expenses of the state fire council programs and activities, including training firefighters in the execution of their duties and other activities;

(5) Preparation of annual reports on the special fund and state fire council's programs, activities, and accomplishments; and

(6) Any reimbursements to the state general fund for funds appropriated by the legislature to establish the special fund.

(c) The director of labor and industrial relations shall submit an annual report to the legislature on the status of the fund, including expenditures and program results, not less than twenty days prior to the convening of each regular session.

§132-   Administration of state fire council; funding. The state fire council may employ an administrator, an administrative assistant, and other staff as it deems necessary to perform its functions, without regard to chapters 76 and 89, and may dismiss such employees, as it deems necessary. The council shall prescribe salaries for the administrator, the administrative assistant, and any other staff employed pursuant to this section."

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 for importers, $2,000 for each wholesaler's site, $1,000 for each storage site, and $500 for each retailer's site, and $110 for permits for public display under section 132D-16 for each year or fraction of a year in which the licensee plans to conduct business and shall be payable to the county. The county shall pay the license fees, one-half of the permit fees it collects pursuant to section 132D-10, and the fees collected by the counties for fire extinguisher licenses and fire protection systems licenses to the state fire council special fund. The license fees, one-half of the permit fees collected pursuant to section 132D-10, and the fees collected by the counties for fire extinguisher licenses and fire protection systems licenses shall be used by [each county fire department] the state fire council to pay the salary of the state fire council administrator, administrative assistant, other staff that may be deemed necessary, an auditor of fireworks records, and other state fire council costs and expenses. The auditor shall monitor strict inventory and recordkeeping requirements to ensure that sales of fireworks are made only to license or permit holders under this chapter. The county shall provide an exemption from the fees under this section to nonprofit community groups for importation and storage of fireworks for displays once a year.

(b) 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. The county shall pay the license fees, one-half of the permit fees collected pursuant to section 132D-10, and the fees collected by the counties for fire extinguisher licenses and fire protection systems licenses to the state fire council special fund."

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

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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