REPORT TITLE: 
Ban on aerial fireworks
DESCRIPTION:
Establishes a ban on the importation, storage, sale and use of
aerial common fireworks, except for public exhibitions; increases
penalties; increases licensing fees; establishes a 5% tax on the
retail cost and wholesale cost of fireworks.

 
HB HMIA 99-198-3
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.130
                                     
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     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 fireworks,
 
 2 particularly aerial fireworks, are inherently dangerous.
 
 3 Fireworks cause not only injuries but fire damage to property as
 
 4 well.
 
 5      According to the U.S. Consumer Product Safety Commission, in
 
 6 1995, there were an estimated 11,313 fireworks-related injuries.
 
 7 In 1996 there were approximately 7,600 fireworks-related
 
 8 injuries.  According to PR Newswire, 2,000 eye injuries occur
 
 9 each year because of fireworks incidents.  About one-third of
 
10 those injuries result in permanent eye damage and one-fourth
 
11 result in permanent vision loss or blindness.
 
12      Illegal fireworks have also become a major problem over the
 
13 past ten years as 25-30% of injuries have been caused by illegal
 
14 explosives or homemade fireworks.
 
15      Aerial fireworks have become an increasing problem and
 
16 source of complaint in Hawaii in recent years because of the
 
17 noise and risk of injury.
 
18      The purpose of this Act is to prohibit the importation,
 
19 storage, sale, use and possession of aerial common fireworks,
 

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 1 except when the importer has a request from a person who has a
 
 2 permit for public display.  Licensing fees for the importation,
 
 3 storage, wholesaling, and retailing of all fireworks will
 
 4 increased to $500.  Penalties are increased.  Fireworks shall be
 
 5 taxed at the rate of five percent of the retail cost and five
 
 6 percent of the wholesale cost.
 
 7      SECTION 2.  Chapter 132D, Hawaii Revised Statutes, is
 
 8 amended by adding a new section to be appropriately designated
 
 9 and to read as follows:
 
10      "132D-    Aerial common fireworks prohibited.  It shall be
 
11 unlawful to import, store, sell, use, or possess aerial common
 
12 fireworks, except for purposes of public exhibition, and provided
 
13 that a permit is obtained in accordance with sections 132D-4,
 
14 123D-7, and 123D-10.  For purposes of this section, the
 
15 application for a permit shall include a public exhibition permit
 
16 from the State Fire Chief and the bill of sale for the
 
17 fireworks."
 
18      SECTION 3.  Section 132D-4, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "[132D-4]  Permissible uses of special and aerial common
 
21 fireworks.  Special fireworks and aerial common fireworks for
 
22 public exhibition, pursuant to section 132D-   , may be
 
23 purchased, set off, ignited, or otherwise caused to explode in
 

 
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 1 the State only if permitted in writing pursuant to section
 
 2 132D-10."
 
 3      SECTION 4.  Section 132D-7, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "[132D-7]  License or permit required.(a)  It shall be
 
 6 unlawful for any person to import any fireworks into the State,
 
 7 to store, offer to sell or sell, at wholesale or retail any
 
 8 fireworks, unless the person has a valid license issued by the
 
 9 department.
 
10      (b)  It shall be unlawful for any person to set off, ignite
 
11 or discharge aerial common fireworks for public exhibition,
 
12 pursuant to section 132D-   ,or special fireworks at any time or
 
13 to set off, ignite or discharge non-aerial common fireworks at
 
14 any time other than the periods for use prescribed in section
 
15 132D-3(1) in any county unless the person has a valid permit
 
16 issued by the county in which the permitted activity is to
 
17 occur."
 
18      SECTION 5.  Section 132D-10, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "[132D-10]  Permits.  A permit shall be required for the
 
21 purchase, setting off, ignition, or discharge of:
 
22      (1)  Any non-aerial common fireworks when the proposed date
 
23           of the use of the fireworks is not within the periods
 

 
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 1           prescribed in section 132D-3(1); and
 
 2      (2)  Any aerial common fireworks for public exhibition,
 
 3           pursuant to section 132D-   ,and any special fireworks
 
 4           under all circumstances and at any time."
 
 5      SECTION 6.  Section 132D-11, Hawaii Revised Statutes, is
 
 6 amended to read:
 
 7      "[132D-11]  Fee.  The fee for the license required under
 
 8 section 132D-7 shall not exceed [$110] $500 for each year or
 
 9 fraction of a year in which the licensee plans to conduct
 
10 business and shall be payable to the department.  The fee for the
 
11 permit required under section 132D-7 shall be no greater than
 
12 [$25]$100 for each year or fraction of a year in which the
 
13 permittee plans to conduct business and shall be payable to the
 
14 county in which the permitted activity is to occur."
 
15      SECTION 7.  Section 123D-14, Hawaii Revised Statutes, is
 
16 amended to read:
 
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] B 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      SECTION 8. The Hawaii Revised Statutes is amended by adding
 
 2 a new chapter to be appropriately designated and to read as
 
 3 follows:
 
 4 
 
 5                             "CHAPTER
 
 6                         FIREWORKS TAX LAW
 
 7 
 
 8         - 1  Tax on fireworks.  Every person or entity who
 
 9 sells, imports, manufactures, stores, or uses any fireworks
 
10 shall, in addition to any other tax, pay a fireworks tax at a
 
11 rate of five percent of the total retail cost or five percent of
 
12 the total wholesale cost, as appropriate."
 
13      SECTION 9.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 10.  This Act shall take effect upon approval.
 
16 
 
17                         INTRODUCED BY:___________________________
 

 
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