REPORT TITLE:
Fireworks

DESCRIPTION:
Permits the importation, sale, and purchase of fireworks for
cultural purposes, increases certain penalties, and prohibits
aerial fireworks except for public displays.  (CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        680
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 2
STATE OF HAWAII                                            C.D. 1
                                                             
________________________________________________________________
________________________________________________________________


                   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 widespread
 
 2 discharge of fireworks in all counties in the State creates a
 
 3 serious safety hazard for persons and property as well as a
 
 4 severe health risk--particularly for the young, the elderly, and
 
 5 others with respiratory ailments--as a result of concentrated
 
 6 sulfuric smoke emissions.  The Honolulu fire department has
 
 7 stated that they received many reports of dangerous fires caused
 
 8 by illegal aerial fireworks during this year's New Year
 
 9 celebrations, with serious injuries and death having occurred.
 
10 The widespread use of fireworks also burdens county resources.
 
11      The legislature also finds that fireworks in Hawaii are used
 
12 in celebrations of cultural significance to the people of the
 
13 State, including the New Year, Chinese New Year, and Fourth of
 
14 July.
 
15      The purpose of this Act is to permit the use of fireworks in
 
16 the State only for cultural purposes and public displays as
 
17 established in this Act; provided that the amount of firecrackers
 
18 to be sold to an individual, shall be limited to 5,000
 
19 firecrackers per permit; and provided further that fireworks for
 
20 cultural purposes shall not be purchased more than five days
 

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

 
 1 before the event.  This Act also increases the license fees for
 
 2 the importation, sale, or storage of fireworks.  In addition,
 
 3 this Act reinforces the prohibition on the use of aerial common
 
 4 fireworks and special fireworks in the State, except for
 
 5 permitted use in public displays, and changes the penalties for
 
 6 importation, sale, possession, and use of aerial common
 
 7 fireworks.
 
 8      SECTION 2.  Chapter 132D, Hawaii Revised Statutes, is
 
 9 amended by adding a new section to be appropriately designated
 
10 and to read as follows:
 
11      "132D-    Importation of aerial common fireworks, special
 
12 fireworks, or both, for public display.  Aerial common fireworks,
 
13 special fireworks, or both, shall only be imported and stored, if
 
14 necessary, in an amount sufficient for an anticipated three-month
 
15 inventory; provided that if a licensee under section 132D-7
 
16 provides aerial common fireworks, special fireworks, or both, for
 
17 public displays as allowed under section 132D-16 more than once a
 
18 month, the licensee may import or store, if necessary, sufficient
 
19 aerial common fireworks, special fireworks, or both, for a six-
 
20 month inventory."
 
21      SECTION 3.  Chapter 132D, Hawaii Revised Statutes, is
 
22 amended by adding a new section to be appropriately designated
 
23 and to read as follows:
 

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

 
 1      "132D-    Licensee; bill of lading, notification, storage,
 
 2 limits on sales.  (a)  Any person who has obtained a license
 
 3 under section 132D-7 and ships fireworks into the State shall:
 
 4      (1)  Clearly designate the types of fireworks in each
 
 5           shipment on the bill of lading or shipping manifest
 
 6           with specificity;
 
 7      (2)  Declare on the bill of lading or shipping manifest the
 
 8           gross weight of aerial common fireworks, non-aerial
 
 9           common fireworks, and special fireworks to be imported
 
10           in each shipment and the location of the storage
 
11           facility, if applicable, in which the fireworks are to
 
12           be stored;
 
13      (3)  Prior to shipment and when booking each shipment of
 
14           fireworks, notify the appropriate county official as
 
15           determined by the county regarding whether the shipment
 
16           will be distributed from:
 
17           (A)  Pier to pier;
 
18           (B)  Pier to warehouse or storage facility; or
 
19           (C)  Pier to redistribution; and
 
20      (4)  At the time shipping is booked, the importer or
 
21           consignee shall notify the appropriate county official
 
22           as determined by the county in writing of the expected
 
23           shipment's landing date.
 

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

 
 1      (b)  The fire department of a county, in which a shipment of
 
 2 fireworks has landed and becomes subject to the jurisdiction of
 
 3 the fire department, shall be allowed to inspect, if it chooses,
 
 4 any shipment declared on the shipping manifest as fireworks.
 
 5      (c)  The facility in which fireworks are to be stored must:
 
 6      (1)  Have received approval fifteen days prior to the
 
 7           shipment's arrival from the appropriate county fire
 
 8           department; and
 
 9      (2)  Meet all state and county fire and safety codes.
 
10      (d)  Any fireworks landed in the State shall be subject to
 
11 seizure and forfeiture if:
 
12      (1)  The importer or consignee does not have in the
 
13           importer's or consignee's possession a valid license to
 
14           import fireworks under section 132D-7;
 
15      (2)  The consignee does not have a valid license to store
 
16           fireworks under section 132D-7; or
 
17      (3)  The fireworks have not been declared or have been
 
18           misdeclared in violation of section (a).
 
19      (e)  No person holding a retailer license to sell non-aerial
 
20 common fireworks shall be allowed to sell non-aerial common
 
21 fireworks commonly known as firecrackers in a packet size larger
 
22 than 5,000 individual units.  Any person violating this
 
23 subsection shall be guilty of a misdemeanor.
 

 
Page 5                                                     680
                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        C.D. 1

 
 1      (f)  Any person violating subsections (a), (c), or (d) shall
 
 2 be subject to the following for shipments of fireworks of:
 
 3      (1)  Twenty-five pounds or less gross weight shall be a
 
 4           petty misdemeanor;
 
 5      (2)  Over twenty-five pounds to three hundred pounds gross
 
 6           weight shall be a misdemeanor;
 
 7      (3)  Over three hundred pounds to ten thousand pounds gross
 
 8           weight shall be a class C felony; and
 
 9      (4)  More than ten thousand pounds gross weight shall be a
 
10           class B felony."
 
11      SECTION 4.  Section 132D-1, Hawaii Revised Statutes, is
 
12 amended as follows:
 
13      1.   By inserting three new definitions to read:
 
14      ""Cultural" means relating to the arts, customs, traditions,
 
15 mores, and history of all of the various ethnic groups of Hawaii.
 
16      "Import" (and any nounal, verbal, adjectival, adverbial, and
 
17 other equivalent form of the term used interchangeably in this
 
18 chapter) means to bring or attempt to bring fireworks into the
 
19 State or to cause fireworks to be brought into the State.
 
20      "Public display" means a public exhibition and the use of
 
21 fireworks for commercial activities (including such activities as
 
22 movie or television production)."
 
23      2.  By amending the definition of "aerial common fireworks"
 

 
Page 6                                                     680
                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        C.D. 1

 
 1 to read:
 
 2      ""Aerial common fireworks" means any firework, classified as
 
 3 common fireworks by the United States Bureau of Explosives or
 
 4 contained in the regulations of the United States Department of
 
 5 Transportation and designated as UN 0336 1.4G, which produces an
 
 6 audible or visible effect and which is designed to rise into the
 
 7 air and explode or detonate in the air or to fly about above the
 
 8 ground and which is prohibited for use by any person who does not
 
 9 have a [display permit] permit for public display issued by a
 
10 county[.] under section 132D-16.  "Aerial common fireworks"
 
11 include firework items commonly known as bottle rockets, sky
 
12 rockets, missile-type rockets, helicopters, torpedoes, daygo
 
13 bombs, roman candles, flying pigs, and jumping jacks, which move
 
14 about the ground farther than inside a circle with a radius of
 
15 twelve feet as measured from the point where the item was placed
 
16 and ignited, [types of balloons which require fire underneath to
 
17 propel the same,] aerial shells, and mines."
 
18      SECTION 5.  Section 132D-3, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "[[]132D-3[]]  Permissible uses of non-aerial common
 
21 fireworks.  Non-aerial common fireworks may be set off, ignited,
 
22 discharged, or otherwise caused to explode within the State only:
 
23      (1)  From 9:00 p.m. on New Year's Eve to 1:00 a.m. on New
 

 
Page 7                                                     680
                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        C.D. 1

 
 1           Year's Day; from [9:00 p.m.] 7:00 a.m. [Chinese New
 
 2           Year's Eve] to [1:00 a.m.] 7:00 p.m. on Chinese New
 
 3           Year's Day; and from [9:00] 1:00 p.m. to 9:00 p.m. on
 
 4           the Fourth of July [to 1:00 a.m. July 5]; or
 
 5      (2)  From 9:00 a.m. to 9:00 p.m. as allowed by permit
 
 6           pursuant to section 132D-10 if the proposed cultural
 
 7           use is to occur at any time other than during the
 
 8           periods prescribed in paragraph (1)[.];
 
 9 provided that the purchase of not more than 5,000 individual non-
 
10 aerial common fireworks commonly known as firecrackers shall be
 
11 allowed under each permit."
 
12      SECTION 6.  Section 132D-4, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "[[]132D-4[]]  Permissible uses of special fireworks and
 
15 aerial common fireworks.  Special fireworks and aerial common
 
16 fireworks may be purchased, set off, ignited, or otherwise caused
 
17 to explode in the State only if for public display and permitted
 
18 in writing pursuant to [section] sections 132D-10[.] and 132D-
 
19 16."
 
20      SECTION 7.  Section 132D-7, Hawaii Revised Statutes, is
 
21 amended by to read as follows:
 
22      "[[]132D-7[]]  License or permit required.  [(a)  It shall
 
23 be unlawful for any person to import any fireworks into the
 
24 State, to] A person shall not:
 

 
Page 8                                                     680
                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        C.D. 1

 
 1      (1)  Import, store, offer to sell, or sell, at wholesale or
 
 2           retail, [any] aerial common fireworks, special
 
 3           fireworks, or non-aerial common fireworks, unless the
 
 4           person has a valid license issued by the [department.]
 
 5           county;
 
 6      (2)  Possess aerial common fireworks or special fireworks
 
 7           without a valid license to import, store, or sell
 
 8           aerial common fireworks or special fireworks, or a
 
 9           valid permit as provided for in this chapter; or
 
10      [(b)  It shall be unlawful for any person to set off, ignite
 
11 or discharge aerial common or special fireworks at any time or to
 
12 set off, ignite or discharge]
 
13      (3)  Purchase non-aerial common fireworks [at any time other
 
14           than the periods] with a permit under section 132D-10
 
15           more than five calendar days before the applicable time
 
16           period for use prescribed in section 132D-3[(1)] in
 
17           [any] the county [unless the person has a valid permit
 
18           issued by the county in which the permitted activity is
 
19           to occur.] that issued the permit."
 
20      SECTION 8.  Section 132D-8, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "[[]132D-8[]]  Application for license.(a) [The license]
 
23 All licenses required under section 132D-7 shall be issued by the
 

 
Page 9                                                     680
                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        C.D. 1

 
 1 [department] county and shall be nontransferable.  [The license]
 
 2 Licenses to import shall specify the date of issuance or effect
 
 3 and the date of expiration, which shall be March 31 of each year.
 
 4 The application shall be made on a form setting forth the date
 
 5 upon which the importations are to begin, the address of the
 
 6 location of the importer, and the name of the proprietor or, if a
 
 7 partnership, the name of the partnership and the names of all
 
 8 partners or, if a corporation, the name of the corporation and
 
 9 the names of its officers.  If the state fire council or county
 
10 discovers at a later date that a licensee has been convicted of a
 
11 felony under this chapter, the licensee's license shall be
 
12 revoked and no new license shall be issued to the licensee for
 
13 two years.
 
14      (b)  Each storage, wholesaling, and retailing site shall be
 
15 required to obtain a separate license.  The license shall specify
 
16 the date of issuance or effect and the date of expiration, which
 
17 shall be March 31 of each year.  The application shall be made on
 
18 a form setting forth the date upon which the storage, sale, or
 
19 offers for sale are to begin, the address of the location of the
 
20 licensee, and the name of the proprietor, or, if a partnership,
 
21 the name of the partnership and the names of all partners or, if
 
22 a corporation, the name of the corporation and the name of its
 
23 officers.  Any license issued pursuant to this chapter may be
 

 
Page 10                                                    680
                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        C.D. 1

 
 1 revoked by the [department] county if the licensee violates any
 
 2 provision of this chapter or if the licensee stores or handles
 
 3 the fireworks in such a manner as to present an unreasonable
 
 4 safety hazard.
 
 5      (c)  It shall be unlawful for any person, other than a
 
 6 wholesaler who is selling or transferring fireworks to a licensed
 
 7 retailer, to sell or offer to sell any fireworks[:
 
 8      (1)  More than seven calendar days prior to the designated
 
 9           period for use as described in section 132D-3(1);
 
10      (2)  At other than the designated periods for use set forth
 
11           in section 132D-3(1), unless the purchaser presents a
 
12           valid permit; or
 
13      (3)  At] at any [other] time[, and whenever the sale of
 
14           special fireworks is involved,] to any person who does
 
15           not present a permit duly issued as required by section
 
16           [132D-7.] 132D-10 or 132D-16.  The permit shall be
 
17           signed by the seller or transferor at the time of sale
 
18           or transfer of the fireworks, and the seller or
 
19           transferor shall indicate on the permit the amount and
 
20           type of fireworks sold or transferred.  No person shall
 
21           sell or deliver fireworks to any permittee in any
 
22           amount in excess of the amount specified in the permit,
 
23           less the amount shown on the permit previously to have
 

 
Page 11                                                    680
                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        C.D. 1

 
 1           been purchased[.]; provided that no fireworks shall be
 
 2           sold to a permittee holding a permit issued for
 
 3           purposes of section 132D-3, more than five calendar
 
 4           days before the applicable time period under section
 
 5           132D-3.
 
 6      (d)  Aerial common fireworks, special fireworks, or both,
 
 7 shall only be sold or transferred by a wholesaler to a person
 
 8 with a valid permit under sections 132D-10 and 132D-16.  No
 
 9 person with a valid permit under sections 132D-10 and 132D-16
 
10 shall sell or transfer aerial common fireworks, or special
 
11 fireworks, or both, to any other person.
 
12      [(d)] (e)  Any license issued pursuant to this chapter shall
 
13 be prominently displayed in public view at each licensed
 
14 location."
 
15      SECTION 9.  Section 132D-9, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "132D-9 Application for permit.  The permit required under
 
18 section [132D-7] 132D-10 or 132D-16 shall be issued by the county
 
19 [fire department] and be nontransferable.  The county shall issue
 
20 all permits for which complete applications have been submitted
 
21 and which contain only correct information.  The permit shall
 
22 specify the date of issuance or effect and the date of expiration
 
23 but in no case for a period to exceed one year.  The permit for
 

 
Page 12                                                    680
                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        C.D. 1

 
 1 the purchase of non-aerial common fireworks for the purposes of
 
 2 section 132D-3 shall not allow purchase for more than one event
 
 3 as set forth in section 132D-3.  The application shall be made on
 
 4 a form setting forth the dates for which the permit shall be
 
 5 valid, the location where the permitted activity is to occur, and
 
 6 the name of the proprietor or, if a partnership, the name of the
 
 7 partnership and the names of all partners or, if a corporation,
 
 8 the name of the corporation and the names of its officers.  The
 
 9 permit application may be denied if the proposed use of fireworks
 
10 presents a substantial inconvenience to the public or presents an
 
11 unreasonable fire or safety hazard.  Any permit issued pursuant
 
12 to this chapter shall be prominently displayed in public view at
 
13 the site." 
 
14      SECTION 10.  Section 132D-10, Hawaii Revised Statutes, is
 
15 amended to read as follows: 
 
16      "[[]132D-10[]]  Permits.  A permit shall be required for
 
17 the purchase[, setting off, ignition, or discharge] of:
 
18      (1)  Any non-aerial common fireworks [when the proposed date
 
19           of the use of the fireworks is not within the periods
 
20           prescribed in section 132D-3(1); and] commonly known as
 
21           firecrackers upon payment of a fee of $25; and
 
22      (2)  Any aerial common fireworks and any special fireworks
 
23           [under all circumstances and at any time.] for the
 

 
Page 13                                                    680
                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        C.D. 1

 
 1           purposes of section 132D-16."
 
 2      SECTION 11.  Section 132D-11, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "[[]132D-11[]]  Fee. (a)  The fee for the license required
 
 5 under section 132D-7 shall [not exceed $110] be $3,000 for
 
 6 importers, $2,000 for each wholesaler's site, $1,000 for each
 
 7 storage site, and $500 for each retailer's site, and $110 for
 
 8 permits for public display under section 132D-16 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.] county.  The
 
11 license fees shall be used by each county fire department to pay
 
12 the salary of an auditor of fireworks records.  The auditor shall
 
13 monitor strict inventory and recordkeeping requirements to ensure
 
14 that sales of fireworks are made only to license or permit
 
15 holders under this chapter.  The county shall provide an
 
16 exemption from the fees under this section to nonprofit community
 
17 groups for importation and storage of fireworks for displays once
 
18 a year.
 
19      (b)  The fee for the [permit] license required under section
 
20 132D-7 shall be [no greater than $25] the fee specified in
 
21 subsection (a) for each year [or], fraction of a year, or event
 
22 in which the [permittee] licensee plans to conduct business and
 
23 shall be payable to the county in which the permitted activity is
 

 
Page 14                                                    680
                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        C.D. 1

 
 1 to occur."
 
 2      SECTION 12.  Section 132D-14, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "[[]132D-14[]]  Penalty.(a)  [Any person importing aerial
 
 5 common fireworks or special fireworks into the State without
 
 6 first having obtained a license as required by section 132D-7
 
 7 shall be guilty of a class C felony.] Any person:
 
 8      (1)  Importing aerial common fireworks or special fireworks
 
 9           without having a valid license under section 132D-7
 
10           shall be guilty of a class C felony;
 
11      (2)  Purchasing, possessing, setting off, igniting, or
 
12           discharging aerial common fireworks or special
 
13           fireworks without a valid permit under sections 132D-10
 
14           and 132D-16, or storing, selling, or possessing aerial
 
15           common fireworks or special fireworks without a valid
 
16           license under section 132D-7:
 
17           (A)  If the total weight of the aerial common fireworks
 
18                or special fireworks is twenty-five pounds or
 
19                more, shall be guilty of a class C felony; or
 
20           (B)  If the total weight of the aerial common fireworks
 
21                or special fireworks is less than twenty-five
 
22                pounds, shall be guilty of a misdemeanor.
 
23      (3)  Who transfers or sells aerial common fireworks or
 

 
Page 15                                                    680
                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        C.D. 1

 
 1           special fireworks to a person who does not have a valid
 
 2           permit under sections 132D-10 and 132D-16, shall be
 
 3           guilty of a class C felony; and
 
 4      (4)  Who removes or extracts the pyrotechnic contents from
 
 5           any fireworks and uses the contents to construct
 
 6           fireworks or a fireworks related device shall be guilty
 
 7           of a misdemeanor.
 
 8      (b)  Except as provided in subsection (a)[,] or as otherwise
 
 9 specifically provided for in this chapter, any person violating
 
10 any other provision of this chapter, shall be [guilty of a petty
 
11 misdemeanor.] fined not more than $2,000 for each violation.
 
12      (c)  The court shall collect the fines imposed in
 
13 subsections (a) and (b) for violating this chapter and of the
 
14 fines collected shall pay twenty per cent to the State and eighty
 
15 per cent to the county in which the fine was imposed which shall
 
16 be expended by the county for law enforcement purposes."
 
17      SECTION 13.  Section 132D-16, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "[[]132D-16[]]  Permit for public display.(a)  Any person
 
20 desiring to set off, ignite, or discharge aerial common
 
21 fireworks, special fireworks, or both, for a public display shall
 
22 apply to, and obtain a permit as required by section [132D-7,]
 
23 132D-10, from the county not less than twenty days before the
 
24 date of the display.
 

 
Page 16                                                    680
                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        C.D. 1

 
 1      (b)  The application shall state, among other things:
 
 2      (1)  The name, age, and address of the applicant;
 
 3      (2)  The name, age, and address of the person who will
 
 4           operate the display, and verification that the person
 
 5           is a licensed pyrotechnic operator;
 
 6      (3)  The time, date, and place of the display;
 
 7      (4)  The type and quantity of aerial common fireworks,
 
 8           special fireworks, or both, to be displayed; and
 
 9      (5)  The purpose or occasion for which the display is to be
 
10           presented.
 
11      (c)  No permit shall be issued under this section unless the
 
12 applicant presents, at the applicant's option, either:
 
13      (1)  A written certificate of an insurance carrier, which
 
14           has been issued to or for the benefit of the applicant,
 
15           or a policy providing for the payment of damages in the
 
16           amount of not less than $5,000 for injury to, or death
 
17           of, any one person, and subject to the foregoing
 
18           limitation for one person; in the amount of not less
 
19           than $10,000 for injury to, or death of, two or more
 
20           persons; and in the amount of not less than $5,000 for
 
21           damage to property, caused by reason of the authorized
 
22           display and arising from any tortious acts or
 

 
 
 
Page 17                                                    680
                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        C.D. 1

 
 1           negligence of the permittee, the permittee's agents,
 
 2           employees, or subcontractors.  The certificate shall
 
 3           state that the policy is in full force and effect and
 
 4           will continue to be in full force and effect for not
 
 5           less than ten days after the date of the public
 
 6           display; or
 
 7      (2)  The bond of a surety company duly authorized to
 
 8           transact business within the State, or a bond with not
 
 9           less than two individual sureties who together have
 
10           assets in the State equal in value to not less than
 
11           twice the amount of the bond, or a deposit of cash, in
 
12           the amount of not less than $10,000 conditioned upon
 
13           the payment of all damages that may be caused to any
 
14           person or property by reason of the authorized display
 
15           and arising from any tortious acts or negligence of the
 
16           permittee, the permittee's agents, employees, or
 
17           subcontractors.  The security shall continue to be in
 
18           full force and effect for not less than ten days after
 
19           the date of the public display.
 
20      The county may require coverage in amounts greater than the
 
21 minimum amounts set forth in paragraph (1) or (2) if deemed
 
22 necessary or desirable in consideration of such factors as the
 
23 location and scale of the display, the type of aerial common
 

 
Page 18                                                    680
                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        C.D. 1

 
 1 fireworks, special fireworks, or both, to be used, and the number
 
 2 of spectators expected.
 
 3      (d)  The county, pursuant to duly adopted rules, shall issue
 
 4 the permit after being satisfied that the requirements of
 
 5 subsection (c) have been met, the display will be handled by a
 
 6 pyrotechnic operator duly licensed by the State, the display will
 
 7 not be hazardous to property, and the display will not endanger
 
 8 human life.  The permit shall authorize the holder to display
 
 9 aerial common fireworks, special fireworks, or both, only at the
 
10 place and during the time set forth therein, and to acquire and
 
11 possess the specified aerial common fireworks, special fireworks,
 
12 or both, between the date of the issuance of the permit and the
 
13 time during which the display of those aerial common fireworks,
 
14 special fireworks, or both, is authorized."
 
15      SECTION 14.  Section 132D-17, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "[[]132D-17[]  Preemption. (a)  It is the intent of the
 
18 legislature to occupy the entire field of regulation in all
 
19 matters that are the subject of this chapter.
 
20      (b)] Inconsistent county ordinances, rules.  Notwithstanding
 
21 any other law to the contrary, no county shall enact [any]
 
22 ordinances or adopt any rules[,] regulating fireworks, except as
 
23 required in [section 132D-7 regulating fireworks.  All] this
 

 
Page 19                                                    680
                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        C.D. 1

 
 1 chapter, that is inconsistent with or more restrictive than, the
 
 2 provisions of this chapter.  Any ordinances and rules regulating
 
 3 fireworks[,] that were enacted or adopted by a county before
 
 4 March 31, 1995, except those provisions which are not
 
 5 inconsistent with, or more restrictive than those of this
 
 6 chapter, are declared [null and] void."
 
 7      SECTION 15.  Section 132D-20, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "[[]132D-20[]]  Enforcement.  This chapter shall be
 
10 enforced by [the department and designated] each county
 
11 [agencies].  The counties are authorized to enforce and
 
12 administer the provisions of this chapter [regulating permits for
 
13 display, agricultural uses, uses by commercial establishments and
 
14 wholesale and retail sales of fireworks]."
 
15      SECTION 16.  Section 132D-2, Hawaii Revised Statutes, is
 
16 amended by deleting the definition of "department".
 
17      [""Department" means the state fire council."]
 
18      SECTION 17.  Section 132D-19, Hawaii Revised Statutes, is
 
19 repealed.
 
20      ["[132D-19]  Rules.  The department shall adopt rules
 
21 pursuant to chapter 91 to carry out the purposes of this chapter,
 
22 including, but not limited to different classes of licenses and
 
23 permits for matters concerning special and common fireworks."]
 

 
Page 20                                                    680
                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        C.D. 1

 
 1      SECTION 18.  This Act does not affect rights and duties that
 
 2 matured, penalties that were incurred, and proceedings that were
 
 3 begun, before its effective date.
 
 4      SECTION 19.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 20.  This Act shall take effect on July 6, 2000.