REPORT TITLE:
Fireworks Prohibition

DESCRIPTION:
Prohibits the import, sale, and use of fireworks unless permitted
by county ordinance for religious or cultural purposes, increases
certain penalties.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3029
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT
RELATING TO FIREWORKS.



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

 1      SECTION 1.  The legislature finds that the widespread
 
 2 discharge of fireworks in all counties in the State creates a
 
 3 serious safety hazard for persons and property as well as a
 
 4 severe health risk--particularly for the young, the elderly, and
 
 5 others with respiratory ailments--as a result of concentrated
 
 6 sulfuric smoke emissions.  The widespread use of fireworks also
 
 7 burdens county resources.
 
 8      The legislature also finds that fireworks in Hawaii are used
 
 9 in celebrations of cultural and historical significance to the
 
10 people of the State, including the New Year, Chinese New Year,
 
11 and Fourth of July.  The legislature nevertheless believes that
 
12 the cost of fireworks to society may outweigh any benefits
 
13 derived from the continued legalization of fireworks.  
 
14      The purpose of this Act is to prohibit the use of fireworks
 
15 in the State except for religious and cultural purposes.  In
 
16 addition, this Act permits individual counties by ordinance, to
 
17 authorize and regulate the sale and use of fireworks within their
 
18 respective jurisdictions, but limits the amount of firework units
 
19 to be sold to an individual or entity to five hundred units and
 
20 requires that the fireworks may be purchased within twenty-four
 

 
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 1 hours of the religious or cultural event.  Finally, this Act
 
 2 provides that fifty per cent of all fines imposed shall be paid
 
 3 to the State and fifty per cent shall be paid to the county, due
 
 4 to the fact that the enforcement of the fireworks law is the
 
 5 responsibility of the county police and fire departments, which
 
 6 places a substantial burden on county resources.
 
 7      SECTION 2.  Section 132D-2, Hawaii Revised Statutes, is
 
 8 amended by deleting the definition of "department".
 
 9      [""Department" means the state fire council."]
 
10      SECTION 3.  Section 132D-3, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "[[]132D-3[]]  Permissible uses of non-aerial common
 
13 fireworks.  Non-aerial common fireworks may be set off, ignited,
 
14 discharged, or otherwise caused to explode within the State
 
15 only[:
 
16      (1)  From 9:00 p.m. on New Year's Eve to 1:00 a.m. on New
 
17           Year's Day; from 9:00 p.m. Chinese New Year's Eve to
 
18           1:00 a.m. Chinese New Year's Day; and from 9:00 p.m. on
 
19           the Fourth of July to 1:00 a.m. on July 5; or
 
20      (2)  From 9:00 a.m. to 9:00 p.m. as allowed by permit
 
21           pursuant to section 132D-10 if the proposed use is to
 
22           occur at any time other than during the periods
 
23           prescribed in paragraph (1).] pursuant to a county
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1           ordinance establishing a religious or cultural purpose
 
 2           exception for a designated time period; provided that a
 
 3           permit holder shall only be entitled to a maximum of
 
 4           five hundred units of fireworks.  County ordinance
 
 5           shall determine the application of the unit
 
 6           limitation."
 
 7      SECTION 4.  Section 132D-7, Hawaii Revised Statutes, is
 
 8 amended by amending subsection (a) to read as follows:
 
 9      "(a)  It shall be unlawful for any person to import any
 
10 fireworks into the State, to store, offer to sell or sell, at
 
11 wholesale or retail any fireworks, unless the person has a valid
 
12 license issued by the [department.] county."
 
13      SECTION 5.  Section 132D-8, Hawaii Revised Statutes, is
 
14 amended as follows:
 
15      1.  By amending subsection (a) to read:
 
16      "(a)  The license required under section 132D-7 shall be
 
17 issued by the [department] county and shall be nontransferable.
 
18 The license shall specify the date of issuance or effect and the
 
19 date of expiration, which shall be March 31 of each year.  The
 
20 application shall be made on a form setting forth the date upon
 
21 which the importations are to begin, the address of the location
 
22 of the importer, and the name of the proprietor or, if a
 
23 partnership, the name of the partnership and the names of all
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1 partners or, if a corporation, the name of the corporation and
 
 2 the names of its officers."
 
 3      2.  By amending subsection (c) to read:
 
 4      "(c)  It shall be unlawful for any person, other than a
 
 5 wholesaler who is selling or transferring fireworks to a licensed
 
 6 retailer, to sell or offer to sell any fireworks:
 
 7      (1)  More than [seven calendar days prior to the designated
 
 8           period for use as described in section 132D-3(1);]
 
 9           twenty-four hours in advance of the time period
 
10           determined under section 132D-3, except permits under
 
11           section 132D-16;
 
12      (2)  At other than the designated periods for use set forth
 
13           in section 132D-3(1), unless the purchaser presents a
 
14           valid permit; or
 
15      (3)  At any other time, and whenever the sale of special
 
16           fireworks is involved, to any person who does not
 
17           present a permit duly issued as required by section
 
18           132D-7.  The permit shall be signed by the seller or
 
19           transferor at the time of sale or transfer of the
 
20           fireworks, and the seller or transferor shall indicate
 
21           on the permit the amount and type of fireworks sold or
 
22           transferred.  No person shall sell or deliver fireworks
 
23           to any permittee in any amount in excess of the amount
 

 
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 1           specified in the permit, less the amount shown on the
 
 2           permit previously to have been purchased."
 
 3      SECTION 6.  Section 132D-10, Hawaii Revised Statutes, is
 
 4 amended to read as follows: 
 
 5      "[[]132D-10[]]  Permits.  A permit shall be required for
 
 6 the purchase, setting off, ignition, or discharge of:
 
 7      (1)  Any non-aerial common fireworks when the proposed date
 
 8           of the use of the fireworks is not within the periods
 
 9           prescribed in section 132D-3[(1)]; and
 
10      (2)  Any [aerial common and any] special fireworks under all
 
11           circumstances and at any time.
 
12      No permit shall be issued more than twenty-four hours in
 
13 advance of the time period determined under section 132D-3,
 
14 except permits under section 132D-16."
 
15      SECTION 7.  Section 132D-14, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "[[]132D-14[]]  Penalty.(a)  Any person importing aerial
 
18 common fireworks or special fireworks into the State without
 
19 first having obtained a license as required by section 132D-7
 
20 shall be guilty of a class C felony.
 
21      (b)  Except as provided in subsection (a), any person
 
22 violating any other provision of this chapter, shall be guilty of
 
23 a [petty] misdemeanor. 
 

 
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 1      (c)  Any person who removes or extracts the pyrotechnic
 
 2 contents from any fireworks and uses the contents to construct
 
 3 fireworks or a fireworks related device shall be guilty of a
 
 4 class C felony.
 
 5      (d)  Fifty per cent of all fines imposed for violating this
 
 6 chapter shall be paid to the State and fifty per cent shall be
 
 7 paid to the county in which the fine was imposed."
 
 8      SECTION 8.  Section 132D-19, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "[[]132D-19[]]  Rules.  The [department] county shall adopt
 
11 rules pursuant to chapter 91 to carry out the purposes of this
 
12 chapter, including, but not limited to different classes of
 
13 licenses and permits for matters concerning special and common
 
14 fireworks."
 
15      SECTION 9.  Section 132D-20, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "[[]132D-20[]]  Enforcement.  This chapter shall be
 
18 enforced by the [department and designated] county [agencies].
 
19 The counties are authorized to enforce and administer the
 
20 provisions of this chapter regulating permits for display,
 
21 agricultural uses, uses by commercial establishments and
 
22 wholesale and retail sales of fireworks."
 
23      SECTION 10.  Section 132D-17, Hawaii Revised Statutes, is
 

 
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 1 repealed.
 
 2      ["[132D-17]  Preemption.(a)  It is the intent of the
 
 3 legislature to occupy the entire field of regulation in all
 
 4 matters that are the subject of this chapter.
 
 5      (b)  Notwithstanding any other law to the contrary, no
 
 6 county shall enact any ordinances or adopt any rules, except as
 
 7 required in section 132D-7 regulating fireworks.  All ordinances
 
 8 and rules regulating fireworks, adopted by a county before
 
 9 March 31, 1995, are declared null and void."]
 
10      SECTION 11.  This Act does not affect rights and duties that
 
11 matured, penalties that were incurred, and proceedings that were
 
12 begun, before its effective date.
 
13      SECTION 12.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 13.  This Act shall take effect on July 1, 2000.
 
16 
 
17                           INTRODUCED BY:  _______________________