HOUSE OF REPRESENTATIVES

H.B. NO.

1222

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to sky lanterns.

 

 

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

 


     SECTION 1.  Section 132D-2, Hawaii Revised Statutes, is amended as follows:

     1.  By adding a new definition to be appropriately inserted and to read as follows:

     ""Sky lantern" means a device with a combustible fuel source that incorporates an open flame to heat the air inside the lantern with the intention of causing the lantern to lift into the atmosphere."

     2.  By amending the definition of "display" to read as follows:

     ""Display" means the use of aerial devices, display fireworks, [or] articles pyrotechnic, or sky lanterns for any activity, including such activities as movie or television production."

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

     "§132D-4  Permissible uses of display fireworks, articles pyrotechnic, [and] aerial devices[.], and sky lanterns.  Display fireworks, articles pyrotechnic, [and] aerial devices, and sky lanterns may be purchased, set off, ignited, or otherwise caused to explode in the State only if for 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 devices, display fireworks, articles pyrotechnic, sky lanterns, or consumer fireworks unless the person has a valid license issued by the county; or

     (2)  Possess aerial devices, display fireworks, [or] articles pyrotechnic, or sky lanterns without a valid license to import, store, or sell aerial devices, display fireworks, [or] articles pyrotechnic, or sky lanterns, or a valid display permit as provided for in this chapter."

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

     "(d)  Aerial devices, display fireworks, [or] articles pyrotechnic, or sky lanterns 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 devices, display fireworks, [or] articles pyrotechnic, or sky lanterns 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 devices, display fireworks, [or] articles pyrotechnic, or sky lanterns for display.  Aerial devices, display fireworks, [or] articles pyrotechnic, or sky lanterns 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 devices, display fireworks, [or] articles pyrotechnic, or sky lanterns for displays as allowed under section 132D-16 more than once a month, the licensee may import or store, if necessary, sufficient aerial devices, display fireworks, [or] articles pyrotechnic, or sky lanterns for a six-month inventory."

     SECTION 6.  Section 132D-8.6, Hawaii Revised Statutes, is amended to read as follows:

     "§132D-8.6  Requirements of licensee.  (a)  Any person who has obtained a license under section 132D-7 and ships fireworks, sky lanterns, or articles pyrotechnic into the State shall:

     (1)  Clearly designate the types of fireworks, sky lanterns, or articles pyrotechnic 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 devices, consumer fireworks, display fireworks, sky lanterns, and articles pyrotechnic to be imported in each shipment and the location of the storage facility, if applicable, in which the fireworks, sky lanterns, or articles pyrotechnic are to be stored;

     (3)  Prior to shipment and when booking each shipment of fireworks, sky lanterns, or articles pyrotechnic 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.

     (b)  The fire department of a county, in which a shipment of fireworks, sky lanterns, or articles pyrotechnic has landed and becomes subject to the jurisdiction of the fire department, shall be allowed to inspect, if it chooses, any shipment declared on the shipping manifest as fireworks, sky lanterns, or articles pyrotechnic.

     (c)  The facility in which fireworks, sky lanterns, or articles pyrotechnic are to be stored shall:

     (1)  Have received approval fifteen days prior to the shipment's arrival from the appropriate county fire department; and

     (2)  Meet all state and county fire and safety codes.

     (d)  Any fireworks, sky lanterns, or articles pyrotechnic landed in the State shall be subject to seizure and forfeiture if:

     (1)  The importer or consignee does not have in the importer's or consignee's possession a valid license to import fireworks, sky lanterns, or articles pyrotechnic under section 132D-7;

     (2)  The consignee does not have a valid license to store fireworks, sky lanterns, or articles pyrotechnic under section 132D-7; or

     (3)  The fireworks, sky lanterns, or articles pyrotechnic have not been declared or have been misdeclared in violation of subsection (a).

     (e)  No person holding a retailer license to sell consumer fireworks shall be allowed to sell consumer fireworks commonly known as firecrackers in a packet size larger than five thousand individual units.  Any person violating this subsection shall be guilty of a misdemeanor.

     (f)  Any person violating subsection (a), (c), or (d) shall be subject to the following for shipments of fireworks, sky lanterns, or articles pyrotechnic [of]:

     (1)  [Twenty-five pounds or less gross weight shall be a petty misdemeanor;] A petty misdemeanor for any shipment of up to twenty-five pounds gross weight;

     (2)  [Over twenty-five pounds to three hundred pounds gross weight shall be a misdemeanor;] A misdemeanor for any shipment of over twenty-five pounds to three hundred pounds gross weight;

     (3)  [Over three hundred pounds to ten thousand pounds gross weight shall be a class C felony; and] A class C felony for any shipment of over three hundred pounds to ten thousand pounds gross weight; and

     (4)  [More than ten thousand pounds gross weight shall be a class B felony.] A class B felony for any shipment of more than ten thousand pounds gross weight."

     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 and use of:

     (1)  Any consumer fireworks commonly known as firecrackers [upon payment of a fee of $25;], the fee for which shall be $25 per permit;

     (2)  Any aerial devices, display fireworks, [or] articles pyrotechnic, or sky lanterns for the purposes of section 132D-16 [upon payment of a fee of $110; and], the fee for which shall be $110 per permit; 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.], the fee for which shall be $25 per permit."

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

     "(a)  Any person:

     (1)  Importing aerial devices, display fireworks, [or] articles pyrotechnic, or sky lanterns 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 devices, display fireworks, [or] articles pyrotechnic, or sky lanterns without a valid permit under sections 132D-10 and 132D-16, or storing, selling, or possessing aerial devices, display fireworks, [or] articles pyrotechnic, or sky lanterns without a valid license under section 132D-7:

         (A)  If the total weight of the aerial devices, display fireworks, [or] articles pyrotechnic, or sky lanterns is twenty-five pounds or more, shall be guilty of a class C felony; or

         (B)  If the total weight of the aerial devices, display fireworks, [or] articles pyrotechnic, or sky lanterns is less than twenty-five pounds, shall be guilty of a misdemeanor;

     (3)  Who transfers or sells aerial devices, display fireworks, [or] articles pyrotechnic, or sky lanterns 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 or articles pyrotechnic and uses the contents to construct fireworks, articles pyrotechnic, or a fireworks or articles pyrotechnic 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 display.  (a)  Any person desiring to set off, ignite, or discharge aerial devices, display fireworks, [or] articles pyrotechnic, or sky lanterns for a 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 devices, display fireworks, [or] articles pyrotechnic, or sky lanterns 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 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 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 devices, display fireworks, [or] articles pyrotechnic, or sky lanterns 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 devices, display fireworks, [or] articles pyrotechnic, or sky lanterns only at the place and during the time set forth therein, and to acquire and possess the specified aerial devices, display fireworks, [or] articles pyrotechnic, or sky lanterns between the date of the issuance of the permit and the time during which the display of those aerial devices, display fireworks, [or] articles pyrotechnic, or sky lanterns is authorized."

     SECTION 10.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 11.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Fireworks; Sky Lanterns; Ban

 

Description:

Includes sky lanterns in the general prohibition against display fireworks, articles pyrotechnic, and aerial devices, except by permit for professional displays.

 

 

 

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