REPORT TITLE:
Fireworks; Power to Counties


DESCRIPTION:
Repeals the preemption clause of the fireworks regulation statute
and restores the power to regulate fireworks to the counties.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.923        
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 the massive use of
 
 2 fireworks on New Year's Eve/Day, Chinese New Year's Eve/Day, and
 
 3 the Fourth of July results in excessive noise, smoke, fire damage
 
 4 and injuries.  The lifting of the past permit requirements on
 
 5 fireworks use during these periods for the past few years has
 
 6 resulted in the enormous increase in their sales and use.
 
 7 Counties may find it appealing to further restrict the use of
 
 8 fireworks, particularly during these periods.  The purpose of
 
 9 this Act is to restore the power to regulate fireworks to the
 
10 counties.
 
11      SECTION 2.  Section 132D-17, Hawaii Revised Statutes, is
 
12 repealed.
 
13      "[[132D-17]  Preemption.(a)  It is the intent of the
 
14 legislature to occupy the entire field of regulation in all
 
15 matters that are the subject of this chapter.
 
16      (b)  Notwithstanding any other law to the contrary, no
 
17 county shall enact any ordinances or adopt any rules, except as
 
18 required in section 132D-7 regulating fireworks.  All ordinances
 
19 and rules regulating fireworks, adopted by a county before 
 

 
Page 2                                                     
                                     H.B. NO.923        
                                                        
                                                        

 
 1 March 31, 1995, are declared null and void.]"
 
 2      SECTION 3.  Statutory material to be repealed is bracketed.
 
 3      SECTION 4.  This Act shall take effect upon its approval.
 
 4 
 
 5                           INTRODUCED BY:  _______________________
 
 6