REPORT TITLE: 
Fireworks


DESCRIPTION:
Allows the counties to regulate the use of non-aerial common
fireworks through the issuance of certificates of use.  Makes it
unlawful to possess or purchase fireworks without a valid
permit.  Makes it a misdemeanor to store, possess, purchase,
sell, transfer, set off, ignite, or discharge aerial common
fireworks without first having obtained a license or permit as
required by section 132D-7, HRS.  (SB680 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        680
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 2
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.  Chapter 132D, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "132D-     Certificates of use; issued by counties.  A
 
 5 county may further regulate the permissible uses of non-aerial
 
 6 common fireworks, as set forth in section 132D-3, through the
 
 7 issuance of certificates of use; provided that:
 
 8      (1)  The county enacts an ordinance to regulate the issuance
 
 9           of certificates of use in a reasonable manner;
 
10      (2)  A certificate of use for non-aerial common fireworks
 
11           may be issued for any quantity of fireworks; provided
 
12           that the minimum amount shall not be less than one
 
13           thousand eight hundred single units of non-aerial
 
14           common fireworks;
 
15      (3)  A certificate of use shall be issued no fewer than five
 
16           calendar days before the designated period for use; and
 
17      (4)  Each county may assess a reasonable fee, not exceeding
 
18           $5 per certificate of use, to cover the administrative
 
19           costs associated with this section."
 

 
Page 2                                                     680
                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        

 
 1      SECTION 2.  Section 132D-7, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]132D-7[]]  License or permit required.  [(a)]  It shall
 
 4 be unlawful for any person to [import]:
 
 5      (1)  Import any fireworks into the State, [to] or store,
 
 6           transfer, offer to sell, or sell[, at wholesale or
 
 7           retail any] the fireworks, at wholesale or retail,
 
 8           unless the person has a valid license issued by the
 
 9           department[.];
 
10      [(b) It shall be unlawful for any person to]
 
11      (2)  Possess, purchase, set off, ignite, or discharge aerial
 
12           common or special fireworks at any time unless the
 
13           person has a valid permit issued pursuant to section
 
14           132D-10; or [to]
 
15      (3)  Possess, purchase,  set off, ignite, or discharge non-
 
16           aerial common fireworks at any time other than the
 
17           periods for use prescribed in section 132D-3(1) in any
 
18           county unless the person has a valid permit issued by
 
19           the county in which the permitted activity is to
 
20           occur."
 
21      SECTION 3.  Section 132D-10, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 

 
 
 
Page 3                                                     680
                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        

 
 1      "[[]132D-10[]]  Permits.  A permit shall be required for
 
 2 [the purchase, setting off, ignition, or discharge of]:
 
 3      (1)  [Any] The possession, purchase, setting off, ignition,
 
 4           or discharge of any non-aerial common fireworks when
 
 5           the proposed date of the use of the fireworks is not
 
 6           within the periods prescribed in section 132D-3(1); and
 
 7      (2)  [Any] The possession, purchase, setting off, ignition,
 
 8           or discharge of any aerial common and any special
 
 9           fireworks under all circumstances and at any time."
 
10      SECTION 4.  Section 132D-14, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "[[]132D-14[]]  Penalty.(a)  Any person importing aerial
 
13 common fireworks or special fireworks into the State without
 
14 first having obtained a license as required by section 132D-7
 
15 shall be guilty of a class C felony.
 
16      (b)  Any person storing, possessing, purchasing, selling,
 
17 transferring, setting off, igniting, or discharging aerial common
 
18 fireworks without first having obtained a license or permit as
 
19 required by section 132D-7 shall be guilty of a misdemeanor.
 
20      [(b)] (c)  Except as provided in [subsection (a),]
 
21 subsections (a) and (b), any person violating any other provision
 
22 of this chapter, shall be guilty of a petty misdemeanor."
 

 
 
 
Page 4                                                     680
                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        

 
 1      SECTION 5.  Section 132D-17, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  Notwithstanding any other law to the contrary, no
 
 4 county shall enact [any] ordinances or adopt [any] rules[,]
 
 5 regulating fireworks, except as [required] provided in [section]
 
 6 sections 132D-7 [regulating fireworks.] and 132D-   .  All
 
 7 ordinances and rules regulating fireworks, adopted by a county
 
 8 before March 31, 1995, are declared null and void."
 
 9      SECTION 6.  If any provision of this Act, or the application
 
10 thereof to any person or circumstance is held invalid, the
 
11 invalidity shall not affect other provisions or applications of
 
12 this Act which can be given effect without the invalid provision
 
13 or application, and to this end the provisions of this Act are
 
14 severable.
 
15      SECTION 7.  Statutory material to be repealed is bracketed.
 
16 New statutory material is underscored.
 
17      SECTION 8.  This Act shall take effect upon its approval.