Report Title:

Aerial common fireworks; ban

 

Description:

Bans importation, storage, and sale of aerial common fireworks.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1080

TWENTY-FIRST LEGISLATURE, 2001

 

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 despite the ban on the use of aerial common fireworks on holidays such as New Year's Eve, many people are using them and causing injuries. The legislature finds that just this past New Year's Eve, a woman was killed while in her home when an aerial common firework hit her home and caused a fire. The legislature finds it to be prudent to put a total ban on aerial common fireworks in order to deter such accidents. The purpose of this Act is to ban the importation, storage and sale of aerial common fireworks.

SECTION 2. Section 132D-4, Hawaii Revised Statutes, is amended to read as follows:

"§132D-4 Permissible uses of special fireworks [and aerial common fireworks]. Special fireworks [and aerial common fireworks] may be purchased, set off, ignited, or otherwise caused to explode in the State only if for public display and permitted in writing pursuant to sections 132D-10 and 132D-16."

SECTION 3. Section 132D-7, Hawaii Revised Statutes, is amended to read as follows:

"§132D-7 License or permit required. A person shall not:

(1) Import, store, offer to sell, or sell, at wholesale or retail, [aerial common fireworks,] special fireworks, or non-aerial common fireworks, unless the person has a valid license issued by the county;

(2) Possess [aerial common fireworks or] special fireworks without a valid license to import, store, or sell [aerial common fireworks or] special fireworks, or a valid permit as provided for in this chapter; or

(3) Purchase non-aerial common fireworks with a permit under section 132D-10 more than five calendar days before the applicable time period for use prescribed in section 132D-3 in the county that issued the permit."

SECTION 4. Section 132D-8, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) [Aerial common fireworks, special] Special fireworks[, or both,] shall only be sold or transferred by a wholesaler to a person with a valid permit under sections 132D-10 and 132D-16. No person with a valid permit under sections 132D-10 and 132D-16 shall sell or transfer [aerial common fireworks, or] special fireworks[, or both,] to any other person."

SECTION 5. Section 132D-8.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§132D-8.5[]] Importation of [aerial common fireworks,] special fireworks[, or both,] for public display. [Aerial common fireworks, special] Special fireworks[, or both,] shall only be imported and stored, if necessary, in an amount sufficient for an anticipated three-month inventory; provided that if a licensee under section 132D-7 provides [aerial common fireworks,] special fireworks[, or both,] for public displays as allowed under section 132D-16 more than once a month, the licensee may import or store, if necessary, sufficient [aerial common fireworks,] special fireworks[, or both,] for a six-month inventory."

SECTION 6. Section 132D-8.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any person who has obtained a license under section 132D-7 and ships fireworks into the State shall:

(1) Clearly designate the types of fireworks in each shipment on the bill of lading or shipping manifest with specificity;

(2) Declare on the bill of lading or shipping manifest the gross weight of [aerial common fireworks,] non-aerial common fireworks and special fireworks to be imported in each shipment and the location of the storage facility, if applicable, in which the fireworks are to be stored;

(3) Prior to shipment and when booking each shipment of fireworks, notify the appropriate county official as determined by the county regarding whether the shipment will be distributed from:

(A) Pier to pier;

(B) Pier to warehouse or storage facility; or

(C) Pier to redistribution; and

(4) At the time shipping is booked, the importer or consignee shall notify the appropriate county official as determined by the county in writing of the expected shipment's landing date."

SECTION 7. Section 132D-10, Hawaii Revised Statutes, is amended to read as follows:

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

(1) Any non-aerial common fireworks commonly known as firecrackers upon payment of a fee of $25; and

(2) Any [aerial common fireworks and any] special fireworks for the purposes of section 132D-16."

SECTION 8. Section 132D-14, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any person:

(1) Importing aerial common fireworks at all, or special fireworks 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 common fireworks at all, or special fireworks without a valid permit under sections 132D-10 and 132D-16, or storing, selling, or possessing aerial common fireworks at all, or special fireworks without a valid license under section 132D-7:

(A) If the total weight of the aerial common fireworks or special fireworks is twenty-five pounds or more, shall be guilty of a class C felony; or

(B) If the total weight of the aerial common fireworks or special fireworks is less than twenty-five pounds, shall be guilty of a misdemeanor.

(3) Who transfers or sells aerial common fireworks to anyone, or special fireworks 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 and uses the contents to construct fireworks or a fireworks related device shall be guilty of a misdemeanor."

SECTION 9. Section 132D-16, Hawaii Revised Statutes, is amended to read as follows:

"§132D-16 Permit for public display. (a) Any person desiring to set off, ignite, or discharge [aerial common fireworks,] special fireworks[, or both,] for a public display shall apply to, and obtain a permit as required by section 132D-10, from the county not less than twenty days before the date of the display.

(b) The application shall state, among other things:

(1) The name, age, and address of the applicant;

(2) The name, age, and address of the person who will operate the display, and verification that the person is a licensed pyrotechnic operator;

(3) The time, date, and place of the display;

(4) The type and quantity of [aerial common fireworks,] special fireworks[, or both,] to be displayed; and

(5) The purpose or occasion for which the display is to be presented.

(c) No permit shall be issued under this section unless the applicant presents, at the applicant's option, either:

(1) A written certificate of an insurance carrier, which has been issued to or for the benefit of the applicant, or a policy providing for the payment of damages in the amount of not less than $5,000 for injury to, or death of, any one person, and subject to the foregoing limitation for one person; in the amount of not less than $10,000 for injury to, or death of, two or more persons; and in the amount of not less than $5,000 for damage to property, caused by reason of the authorized display and arising from any tortious acts or negligence of the permittee, the permittee's agents, employees, or subcontractors. The certificate shall state that the policy is in full force and effect and will continue to be in full force and effect for not less than ten days after the date of the public display; or

(2) The bond of a surety company duly authorized to transact business within the State, or a bond with not less than two individual sureties who together have assets in the State equal in value to not less than twice the amount of the bond, or a deposit of cash, in the amount of not less than $10,000 conditioned upon the payment of all damages that may be caused to any person or property by reason of the authorized display and arising from any tortious acts or negligence of the permittee, the permittee's agents, employees, or subcontractors. The security shall continue to be in full force and effect for not less than ten days after the date of the public display.

The county may require coverage in amounts greater than the minimum amounts set forth in paragraph (1) or (2) if deemed necessary or desirable in consideration of such factors as the location and scale of the display, the type of [aerial common fireworks,] special fireworks[, or both,] to be used, and the number of spectators expected.

(d) The county, pursuant to duly adopted rules, shall issue the permit after being satisfied that the requirements of subsection (c) have been met, the display will be handled by a pyrotechnic operator duly licensed by the State, the display will not be hazardous to property, and the display will not endanger human life. The permit shall authorize the holder to display [aerial common fireworks,] special fireworks[, or both,] only at the place and during the time set forth therein, and to acquire and possess the specified [aerial common fireworks,] special fireworks[, or both,] between the date of the issuance of the permit and the time during which the display of those [aerial common fireworks,] special fireworks[, or both,] is authorized."

SECTION 10. Chapter 132D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§132D- Importation, storage and sale of aerial common fireworks banned. Importation, storage and sale in the state of aerial common fireworks is prohibited. The penalty shall be as provided in section 132D-14."

SECTION 11. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 13. This Act shall take effect upon its approval.

 

 

 

INTRODUCED BY:

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