THE SENATE

S.B. NO.

513

THIRTY-FIRST LEGISLATURE, 2021

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE ENFORCEMENT OF LAWS.

 

 

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

 


PART I

SECTION 1. The legislature finds that the people of the State deserve to live in peace and security, without the public safety risks, health hazards, and traumatic impacts of illegal fireworks use. The legislature also finds that Act 170, Session Laws of Hawaii 2010, established an illegal fireworks task force to develop strategies and make recommendations to the legislature to address the illegal importation and use of fireworks in the State. Among other matters, the illegal fireworks task force recommended that the legislature consider increasing fireworks permit fees and violation fines to deter the use of illegal fireworks, decrease the supply of illegal fireworks in the State, and increase funding for prevention and enforcement efforts.

The legislature further finds that Act 184, Session Laws of Hawaii 2019, directed the legislative reference bureau to update the illegal fireworks task force's findings and recommendations. In its report, the bureau noted that, although the legislature has introduced numerous measures to increase fireworks permit fees and violations fines since 2011, none of the measures were enacted.

The legislature further finds that technologies, such as ShotSpotter, which were originally developed to assist law enforcement in detecting gunshots, has shown the potential to assist police departments in enforcing fireworks laws. The legislature finds that these technologies allow law enforcement officers to instantly detect and locate the geographic origin of explosions caused by gunfire or illegal fireworks. The police department in Denver, Colorado, notes that this technology gives notice of gunshots within forty seconds and allows police to respond within twenty-five feet of the shot's origin. The legislature notes that ShotSpotter is currently being used by more than ninety cities nationwide, including Chicago, Illinois; Milwaukee, Wisconsin; and San Diego, California.

The legislature further finds that other technologies may assist law enforcement in data collection pertaining to illegal fireworks, including the web-based reporting tool created and supported by various agencies in Clark County, Nevada. The legislature finds that the Clark County website has successfully forwarded thousands of complaints to Clark County law enforcement agencies since 2018.

The legislature further finds that alternative enforcement mechanisms should be considered to promote compliance with the fireworks control law. One alternative enforcement mechanism would be an expeditious adjudication system for fireworks infractions, similar to the system for processing traffic infractions. This system would allow the judiciary to expediently process violations of the fireworks control law, allowing the judiciary to reserve resources for the cases that require more resources.

The purpose of this Act is to:

(1) Establish an expeditious adjudication system for processing fireworks infractions, similar to the system for processing traffic infractions;

(2) Implement the recommendations of the 2010 illegal fireworks task force by:

(A) Raising the fireworks display permit fee from $110 to $150;

(B) Increasing the fine for certain fireworks violations from $2,000 per violation to $5,000 per violation;

(C) Clarifying that each aerial device, display firework, or article pyrotechnic having a total weight of twenty-five pounds or less that is illegally imported, transferred, or sold constitutes a separate violation; and

(D) Increasing the penalty for removing or extracting the pyrotechnic contents from any fireworks or articles pyrotechnic for certain uses;

(3) Authorize the sheriff division of the department of public safety to enforce the fireworks control law;

(4) Require the attorney general to establish an explosion detection technology working group; and

(5) Require the department of public safety to develop and implement a web-based fireworks reporting tool that will provide the counties with additional data to enforce the applicable fireworks laws.

PART II

SECTION 2. Chapter 132D, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    . adjudication of fireworks infractions

132D-A Definitions. As used in this part:

"Concurrent trial" means a trial proceeding held in the district or family court in which the defendant is tried simultaneously in a civil case for any charged fireworks infraction and in a criminal case for any related criminal offense, with trials to be held in one court on the same date and at the same time.

"Fireworks infraction" means any violation of this chapter, any rule adopted pursuant to this chapter, or any county ordinance or rule enacted pursuant to this chapter.

"Hearing" means a proceeding conducted by the district court pursuant to section 132D-G at which the defendant to whom a notice of infraction was issued either admits to the fireworks infraction, contests the notice of infraction, or admits to the fireworks infraction but offers an explanation to mitigate the monetary assessment imposed.

"Notice of infraction" means the citation form that is issued to the defendant at or after the time of the fireworks infraction and notifies the defendant of the civil infraction the defendant is charged with committing, whatever its title or denomination.

"Related criminal offense" means any criminal violation or crime, committed in the same course of conduct as a fireworks infraction, for which the defendant is arrested or charged.

"Trial" means a trial conducted by the district court pursuant to the rules of the district court and Hawaii rules of evidence.

132D-B Applicability. (a) All fireworks infractions, including fireworks infractions committed by minors, shall be adjudicated pursuant to this chapter, except as provided in section 132D-14(a), subsection (b), or as otherwise specifically provided for in this part. This part shall be applied uniformly throughout the State and in all counties. Except as specifically provided otherwise in this part, no fireworks infraction shall be classified as a criminal offense.

(b) Where a defendant is charged with a fireworks infraction and the fireworks infraction is committed in the same course of conduct as a criminal offense for which the offender is arrested or charged, the fireworks infraction shall be adjudicated pursuant to this part; provided that the court may schedule any initial appearance, hearing, or trial on the fireworks infraction at the same date, time, and place as the arraignment, hearing, or trial on the related criminal offense.

Notwithstanding this subsection and subsection (c), the court shall not schedule any initial appearance, hearing, or trial on the fireworks infraction at the same date, time, and place as the arraignment, hearing, or trial on the related criminal offense where the related criminal offense is a felony or misdemeanor for which the defendant has demanded a jury trial.

(c) If the defendant requests a trial pursuant to section 132D-K, the trial shall be held in the district court of the circuit in which the fireworks infraction was committed. If the court schedules a concurrent trial pursuant to paragraph (1), the concurrent trial shall be held in the appropriate district or family court of the circuit in which the fireworks infraction was committed, whichever has jurisdiction over the related criminal offense charged pursuant to the applicable statute or rule of court; provided that:

(1) The district or family court, for the purpose of trial, may schedule a civil trial on the fireworks infraction on the same date and at the same time as a criminal trial on the related criminal offense charged. The court shall enter a civil judgment as to the fireworks infraction and a judgment of conviction or acquittal as to the related criminal offense following the concurrent trial; and

(2) If the trial on the fireworks infraction is held separately from and before trial on any related criminal offense, the following shall be inadmissible in the prosecution or trial of the related criminal offense, except as expressly provided by the Hawaii rules of evidence:

(A) Any written or oral statement made by the defendant in proceedings conducted pursuant to section 132D-F(b); and

(B) Any testimony given by the defendant in the trial on the fireworks infraction.

These statements or testimony shall not be deemed a waiver of the defendant's privilege against self‑incrimination in connection with any related criminal offense.

(d) In no event shall section 701-109 preclude prosecution for a related criminal offense where a fireworks infraction committed in the same course of conduct has been adjudicated pursuant to this part.

(e) If the defendant fails to appear at any scheduled court date before the date of trial or concurrent trial and:

(1) The defendant's civil liability for the fireworks infraction has not yet been adjudicated pursuant to section 132D-G, the court shall enter a judgment by default in favor of the State for the fireworks infraction unless the court determines that good cause or excusable neglect exists for the defendant's failure to appear; or

(2) The defendant's civil liability for the fireworks infraction has been previously adjudicated pursuant to section 132D-G, the judgment earlier entered in favor of the State shall stand unless the court determines that good cause or excusable neglect exists for the defendant's failure to appear.

(f) If the defendant fails to appear at any scheduled court date before concurrent trial or fails to appear for concurrent trial scheduled pursuant to subsection (c)(1), the court shall enter a disposition pursuant to the Hawaii rules of penal procedure for the criminal offense.

132D-C Venue and jurisdiction. (a) All fireworks infractions shall be adjudicated in the district and circuit courts where the alleged infraction occurred, except as otherwise provided by law.

(b) Except as otherwise provided by law, jurisdiction is in the district court of the circuit where the alleged fireworks infraction occurred. Except as otherwise provided in this part, district court judges shall adjudicate fireworks infractions.

132D-D Notice of infraction; form; determination final unless contested. (a) The notice of infraction shall include the summons for the purposes of this part. Whenever a notice of infraction is issued, the defendant's signature, driver's license number or state identification number, current address, and electronic mail address shall be noted on the notice. If the defendant refuses to sign the notice of infraction, the law enforcement officer shall record this refusal on the notice and issue the notice to the defendant. Individuals to whom a notice of infraction is issued under this part need not be arraigned before the court, unless required by rule of the supreme court.

(b) The form for the notice of infraction shall be prescribed by rules of the district court and shall be uniform throughout the State; provided that each judicial circuit may include differing statutory, rule, or ordinance provisions on its respective notice of infraction.

(c) A notice of infraction that is generated by the use of electronic equipment or that bears the electronically stored image of any person's signature, or both, shall be valid under this part.

(d) The notice of infraction shall include the following:

(1) A statement of the specific fireworks infraction for which the notice was issued;

(2) A brief statement of the facts;

(3) A statement of the total amount to be paid for each fireworks infraction, which amount shall include any fee, surcharge, or cost required by statute, ordinance, or rule, and the monetary assessment established pursuant to section 132D-H, to be paid by the defendant;

(4) A statement of the options provided in section 132D‑E(b) for answering the notice and the procedures necessary to exercise the options;

(5) A statement that the defendant to whom the notice is issued shall answer, choosing one of the options specified in section 132D-E(b), within twenty-one days of issuance of the notice;

(6) A statement that failure to answer the notice of infraction within twenty-one days of issuance shall result in the entry of judgment by default for the State and may result in the assessment of a late penalty;

(7) A statement that, at a hearing requested to contest the notice of infraction conducted pursuant to section 132D-G, no law enforcement officer shall be present unless the defendant timely requests the court to have the law enforcement officer present, and that the standard of proof to be applied by the court is whether a preponderance of the evidence proves that the specified fireworks infraction was committed;

(8) A statement that, at a hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the fireworks infraction or in consideration of a written request for mitigation, the defendant shall be considered to have committed the fireworks infraction;

(9) A space in which the signature of the defendant to whom the notice of infraction was issued may be affixed; and

(10) The date, time, and place at which the defendant to whom the notice of infraction was issued shall appear in court, if the defendant is required by the notice to appear in person at the hearing.

132D-E Answer required. (a) A defendant who receives a notice of infraction shall answer the notice within twenty-one days of the date of issuance of the notice. There shall be included with the notice of infraction a preaddressed envelope directed to the designated district court.

(b) Provided that the notice of infraction does not require an appearance in person at a hearing as set forth in section 132D-D(d)(10), in answering a notice of infraction, a defendant shall have the following options:

(1) Admit the commission of the fireworks infraction in one of the following ways:

(A) By mail or in person, by completing the appropriate portion of the notice of infraction or preaddressed envelope and submitting it to the authority specified on the notice together with payment of the total amount stated on the notice of infraction. Payment by mail shall be in the form of a check, money order, or by an approved credit or debit card. Payment in person shall be in the form of United States currency, check, money order, or by an approved credit or debit card; or

(B) Via the Internet or by telephone, by submitting payment of the total amount stated on the notice of infraction. Payment via the Internet or by telephone shall be by an approved credit or debit card;

(2) Deny the commission of the fireworks infraction and request a hearing to contest the fireworks infraction by completing the appropriate portion of the notice of infraction or preaddressed envelope and submitting it, either by mail or in person, to the authority specified on the notice. In lieu of appearing in person at a hearing, the defendant may submit a written statement of grounds on which the defendant contests the notice of infraction, which shall be considered by the court as a statement given in court pursuant to section 132D-G(a); or

(3) Admit the commission of the fireworks infraction and request a hearing to explain circumstances mitigating the fireworks infraction by completing the appropriate portion of the notice of infraction or preaddressed envelope and submitting it, either by mail or in person, to the authority specified on the notice. In lieu of appearing in person at a hearing, the defendant may submit a written explanation of the mitigating circumstances, which shall be considered by the court as a statement given in court pursuant to section 132D‑G(b).

(c) When answering the notice of infraction, the defendant shall affix the defendant's signature to the answer and shall state the address at which the defendant will accept future mailings from the court. No other response shall constitute an answer for purposes of this part.

132D-F Court action after answer or failure to answer. (a) When an admitting answer is received, the court shall enter judgment in favor of the State in the total amount specified in the notice of infraction.

(b) When a denying answer is received, the court shall proceed as follows:

(1) In the case of a fireworks infraction where the defendant requests a hearing at which the defendant will appear in person to contest the fireworks infraction, the court shall notify the defendant in writing of the date, time, and place of hearing to contest the notice of infraction. The notice of hearing shall be mailed to the address provided by the defendant in the denying answer, or if none was given, to the address provided by the defendant when the notice of infraction was issued, or if none was provided, to the electronic mail address provided by the defendant when the notice of infraction was issued. The notice shall also advise the defendant that, if the defendant fails to appear at the hearing, the court shall enter judgment by default in favor of the State, as of the date of the scheduled hearing, and that the total amount specified in the default judgment shall be paid within thirty days of entry of default judgment; and

(2) When a denying answer is accompanied by a written statement of the grounds on which the defendant contests the notice of infraction, the court shall proceed as provided in section 132D-G(a) and shall notify the defendant of its decision, including the total amount assessed, if any, by mailing the notice of entry of judgment within forty-five days of the postmarked date of the answer to the address provided by the defendant in the denying answer, or if none was given, to the address provided by the defendant when the notice of infraction was issued, or if none was provided, to the electronic mail address provided by the defendant when the notice of infraction was issued. The notice of entry of judgment shall also advise the defendant, if it is determined that the fireworks infraction was committed and judgment is entered in favor of the State, that the defendant has the right, within thirty days of entry of judgment, to request a trial and shall specify the procedures for doing so. The notice of entry of judgment shall also notify the defendant, if an amount is assessed by the court for monetary assessments, fees, surcharges, or costs, that if the defendant does not request a trial within the time specified in this paragraph, the total amount assessed shall be paid within thirty days of entry of judgment.

(c) When an answer admitting commission of the firework infraction but seeking to explain mitigating circumstances is received, the court shall proceed as follows:

(1) In the case of a fireworks infraction where the defendant requests a hearing at which the defendant will appear in person to explain mitigating circumstances, the court shall notify the defendant in writing of the date, time, and place of the hearing to explain mitigating circumstances. The notice of hearing shall be mailed to the address provided by the defendant in the answer, or if none was given, to the address provided by the defendant when the notice of infraction was issued, or if none was provided, to the electronic mail address provided by the defendant when the notice of infraction was issued. The notice shall also advise the defendant that, if the defendant fails to appear at the hearing, the court shall enter judgment by default in favor of the State, as of the date of the scheduled hearing, and that the total amount stated in the default judgment must be paid within thirty days of entry of default judgment; and

(2) If a written explanation is included with an answer admitting commission of the fireworks infraction, the court shall enter judgment for the State and, after reviewing the explanation, determine the total amount of the monetary assessments, fees, surcharges, or costs to be assessed, if any. The court shall then notify the defendant of the total amount to be paid for the fireworks infraction, if any. There shall be no appeal from the judgment. If the court assesses an amount for monetary assessments, fees, surcharges, or costs, the court shall also notify the defendant that the total amount shall be paid within thirty days of entry of judgment.

(d) If the defendant fails to answer within twenty-one days of issuance of the notice of infraction, the court shall take action as provided in subsection (e).

(e) Whenever judgment by default in favor of the State is entered, the court shall mail a notice of entry of default judgment to the address provided by the defendant when the notice of infraction was issued, or if none was provided, to the electronic mail address provided by the defendant when the notice of infraction was issued. The notice of entry of default judgment shall advise the defendant that the total amount specified in the default judgment shall be paid within thirty days of entry of default judgment and shall explain the procedure for setting aside a default judgment. Judgment by default for the State entered pursuant to this part may be set aside pending final disposition of the fireworks infraction upon written application of the defendant and posting of an appearance bond equal to the amount of the total amount specified in the default judgment and any other assessment imposed pursuant to section 132D-H. The application shall show good cause or excusable neglect for the defendant's failure to take action necessary to prevent entry of judgment by default. Thereafter, the court shall determine whether good cause or excusable neglect exists for the defendant's failure to take action necessary to prevent entry of judgment by default. If so, the application to set aside default judgment shall be granted, the default judgment shall be set aside, and the notice of infraction shall be disposed of pursuant to this part. If not, the application to set aside default judgment shall be denied, the appearance bond shall be forfeited and applied to satisfy amounts due under the default judgment, and the notice of infraction shall be finally disposed. In either case, the court shall determine the existence of good cause or excusable neglect and notify the defendant of its decision on the application in writing.

132D-G Hearings. (a) In proceedings to contest a notice of infraction where the defendant to whom the notice was issued has timely requested a hearing and appears at the hearing:

(1) In lieu of the personal appearance by the law enforcement officer who issued the notice of infraction, the court shall consider the notice of infraction and any other written report made by the law enforcement officer, if provided to the court by the law enforcement officer, together with any oral or written statement by the defendant to whom the notice of infraction was issued;

(2) The standard of proof to be applied by the court shall be whether, by a preponderance of the evidence, the court finds that the fireworks infraction was committed; and

(3) After due consideration of the evidence and arguments, if any, the court shall determine whether commission of the fireworks infraction has been established. Where the commission of the fireworks infraction has not been established, judgment in favor of the defendant, dismissing the notice of infraction or any count therein with prejudice, shall be entered in the record. Where it has been established that the fireworks infraction was committed, the court shall enter judgment in favor of the State and shall assess a monetary assessment pursuant to section 132D-H, together with any fees, surcharges, or costs. The court also shall inform the defendant of the right to request a trial pursuant to section 132D-K. If the defendant requests a trial at the time of the hearing, the court shall provide the defendant with the trial date as soon as practicable.

(b) In proceedings to explain mitigating circumstances where the defendant to whom the notice of infraction was issued has timely requested a hearing and appears at the hearing:

(1) The procedure shall be limited to the issue of mitigating circumstances. A defendant who requests to explain the circumstances shall not be permitted to contest the notice of infraction;

(2) After the court has received the explanation, the court may enter judgment in favor of the State and may assess a monetary assessment pursuant to section 132D‑H, together with any fees, surcharges, or costs;

(3) The court, after receiving the explanation, may vacate the admission and enter judgment in favor of the defendant, dismissing the notice of infraction or any count therein with prejudice, where the explanation establishes that the infraction was not committed; and

(4) There shall be no appeal from the judgment.

(c) If a defendant for whom a hearing has been scheduled to contest the notice of infraction or to explain mitigating circumstances fails to appear at the hearing, the court shall enter judgment by default for the State and take action as provided in section 132D-F(e).

132D-H Monetary assessments. (a) A defendant found to have committed a fireworks infraction shall be assessed a monetary assessment pursuant to section 132D-14.

(b) In addition to any monetary assessment imposed for a fireworks infraction, the court may impose additional assessments for:

(1) Failure to pay a monetary assessment by the scheduled date of payment;

(2) The cost of service of a penal summons issued pursuant to this part; or

(3) The administrative costs of $20 for each instance of noncompliance with a rule associated with the processing of fireworks infractions, in addition to any monetary assessment imposed by the court, regardless of whether the monetary assessment is suspended.

(c) The clerk of the district court shall deposit the administrative costs collected into the judiciary computer system special fund pursuant to section 601-3.7.

(d) The court may grant to a defendant claiming inability to pay an extension of the period in which the monetary assessment shall be paid or may impose community service in lieu of the monetary assessment.

132D-I Time computation. In computing any period of time prescribed or allowed by this part, the day of the act, event, or default from which the period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday. Intermediate Saturdays, Sundays, and legal holidays shall be included. Whenever an act required to be performed under this part may be accomplished by mail, the act shall be deemed to have been performed on the date of the postmark on the mailed article.

132D-J Powers of the district court judge hearing cases pursuant to this part. (a) A district court judge hearing cases pursuant to this part shall have all the powers of a district court judge under chapter 604, including the following powers:

(1) To conduct fireworks infraction hearings and impose monetary assessments;

(2) To permit deferral of monetary assessments or impose community service in lieu of monetary assessments;

(3) To dismiss a notice of infraction, with or without prejudice, or set aside a judgment for the State;

(4) To issue penal summonses and bench warrants and initiate contempt of court proceedings in proceedings conducted pursuant to section 132D-K;

(5) To issue penal summonses and bench warrants and initiate failure to appear proceedings in proceedings conducted pursuant to section 132D-D(d)(10); and

(6) To exercise other powers the court finds necessary and appropriate to carry out the purposes of this part.

132D-K Trial and concurrent trial. (a) There shall be no right to trial unless the defendant contests the notice of infraction pursuant to section 132D-G. If, after proceedings to contest the notice of infraction, a determination is made that the defendant committed the fireworks infraction, judgment shall enter in favor of the State. The defendant may request a trial pursuant to the Hawaii rules of evidence and the rules of the district court; provided that any request for trial shall be made within thirty days of entry of judgment. If, after appearing in person at a hearing to contest the notice of infraction, the defendant requests a trial at the conclusion of the hearing, the court shall provide the defendant with the trial date as soon as practicable.

(b) At the time of trial, the State shall be represented by a prosecuting attorney of the county in which the fireworks infraction occurred. The prosecuting attorney shall orally recite the charged fireworks infraction in court before commencement of the trial. Proof of the defendant's commission of the fireworks infraction shall be by a preponderance of the evidence.

(c) Appeals from judgments entered after a trial on the notice of infraction may be taken in the manner provided for appeals from district court civil judgments.

(d) If trial on the fireworks infraction is held before trial on any related criminal offense, the following shall be inadmissible in the subsequent prosecution or trial of the related criminal offense:

(1) Any written or oral statement made by the defendant in proceedings conducted pursuant to section 132D-F(b); and

(2) Any testimony given by the defendant in the trial on the fireworks infraction.

The statement or testimony, or both, shall not be deemed a waiver of the defendant's privilege against self-incrimination in connection with any related criminal offense.

(e) In any concurrent trial, the State shall be represented by a prosecuting attorney of the county in which the fireworks infraction and related crime occurred. Proof of the defendant's commission of the fireworks infraction shall be by a preponderance of the evidence, and proof of the related criminal offense shall be by proof beyond a reasonable doubt. The concurrent trial shall be conducted pursuant to the rules of the appropriate court, Hawaii rules of evidence, and Hawaii rules of penal procedure.

132D-L Rules. (a) The supreme court may adopt rules of procedure for the conduct of all proceedings pursuant to this part.

(b) Chapter 626 shall not apply in proceedings conducted pursuant to this part, except for the rules governing privileged communications, and proceedings conducted under section 132D-K.

(c) Notwithstanding section 604-17, while the court is sitting in any matter pursuant to this part, the court shall not be required to preserve the testimony or proceedings, except proceedings conducted pursuant to section 132D-K and proceedings in which the fireworks infraction is heard on the same date and time as any related criminal offense.

(d) The prosecuting attorney shall not participate in fireworks infraction proceedings conducted pursuant to this part, except proceedings pursuant to section 132D-K and proceedings in which a related criminal offense is scheduled for arraignment, hearing, or concurrent trial.

(e) Chapter 91 shall not apply in proceedings before the court.

(f) Except as otherwise provided in section 132D-B, chapter 571 and the Hawaii family court rules shall not apply in any proceedings conducted pursuant to this part."

SECTION 3. Chapter 132D, Hawaii Revised Statutes, is amended by designating sections 132D-1 to 132D-21 as part I and inserting a title before section 132D-1 to read as follows:

"Part I.  general provisions"

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

1. By amending the definition of "license" to read:

""License" means a nontransferable, formal authorization, valid for a period not to exceed one calendar year from the date of issuance and which the department is hereby authorized to issue under this [chapter,] part, to engage in the act or acts specifically designated herein."

2. By amending the definition of "permit" to read:

""Permit" means a nontransferable, formal authorization, valid for a period not to exceed one calendar year from the date of issuance and which a county is hereby authorized to issue under this [chapter,] part, to engage in the act or acts specifically designated herein."

SECTION 5. Section 132D-6, Hawaii Revised Statutes, is amended to read as follows:

"132D-6 Exceptions. The prohibitions in section 132D-5 do not apply to:

(1) The use of flares, noisemakers, or signals for warning, pest control, or illumination purposes by police and fire departments, utility companies, transportation agencies, and other governmental or private agencies or persons, including agricultural operations, in connection with emergencies, their duties, or business;

(2) The sale or use of blank cartridges for a show or theater, or for signal, commercial, or institutional purposes in athletics or sports;

(3) The purchase and use of consumer fireworks, aerial devices, display fireworks, or articles pyrotechnic:

(A) In a movie, television production, or theatrical production for which valid permits have been issued by a county pursuant to section 132D-10; and

(B) In a movie or television production for which valid permits have been issued by the department of business, economic development, and tourism pursuant to section 201-14, or for which permits have been approved by the authority having jurisdiction; and

(4) The testing, disposal, or destruction of illegal fireworks by an agency with authority to enforce this [chapter.] part."

SECTION 6. 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, or consumer fireworks unless the person has a valid license issued by the county; or

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

SECTION 7. Section 132D-8, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (b) to read:

"(b) Each storage, wholesaling, and retailing site shall be required to obtain a separate license. The license shall specify the date of issuance or effect and the date of expiration, which shall be March 31 of each year. The application shall be made on a form setting forth the date upon which the storage, sale, or offers for sale are to begin, the address of the location of the licensee, and the name of the proprietor, or, if a partnership, the name of the partnership and the names of all partners or, if a corporation, the name of the corporation and the name of its officers. Any license issued pursuant to this [chapter] part may be revoked by the county if the licensee violates any provision of this chapter or if the licensee stores or handles the fireworks in [such] a manner as to present an unreasonable safety hazard."

2. By amending subsection (f) to read:

"(f) Any license issued pursuant to this [chapter] part shall be prominently displayed in public view at each licensed location."

SECTION 8. Section 132D-9, Hawaii Revised Statutes, is amended to read as follows:

"132D-9 Application for permit. The permit required under section 132D-10 or 132D-16 shall be issued by the county or its authorized designees and be nontransferable. The county or its authorized designees shall issue all permits for which complete applications have been submitted and [which] that contain only correct information. The permit shall specify the date of issuance or effect and the date of expiration but in no case for a period to exceed one year. The permit for the purchase of consumer fireworks for the purposes of section 132D‑3 shall not allow purchase for more than one event as set forth in section 132D-3. The application shall be made on a form setting forth the dates for which the permit shall be valid, the location where the permitted activity is to occur, and the name of the proprietor or, if a partnership, the name of the partnership and the names of all partners or, if a corporation, the name of the corporation and the names of its officers. The permit application may be denied if the proposed use of fireworks or articles pyrotechnic presents a substantial inconvenience to the public or presents an unreasonable fire or safety hazard. Any permit issued pursuant to this [chapter] part shall be prominently displayed in public view at the site."

SECTION 9. 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;

(2) Any aerial devices, display fireworks, or articles pyrotechnic for the purposes of section 132D-16 upon payment of a fee of [$110;] $150; 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."

SECTION 10. Section 132D-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The fee for the license required under section 132D-7 shall be $3,000 for importers, $2,000 for each wholesaler's site, $1,000 for each storage site, and $500 for each retailer's site for each year or fraction of a year in which the licensee plans to conduct business and shall be payable to the county. The license fees shall be used solely by each county fire department to pay for the salary of an auditor of fireworks and articles pyrotechnic records and all expenses incurred to fulfill the duties required, including the inspection of inventory and storage facilities, maintenance of required records, and the training of the auditor. The auditor shall monitor strict inventory and recordkeeping requirements to ensure that sales of fireworks or articles pyrotechnic are made only to license or permit holders under this [chapter.] part. The county shall provide an exemption from the fees under this section to nonprofit community groups for importation and storage of fireworks or articles pyrotechnic for displays once a year."

SECTION 11. Section 132D-14, Hawaii Revised Statutes, is amended by amending its title and subsections (a) and (b) to read as follows:

"132D-14 Penalty[.]; fireworks infractions. (a) Any person:

(1) Importing aerial devices, display fireworks, or articles pyrotechnic without having a valid license under section 132D-7 shall be guilty of a class C felony; provided that each aerial device, display firework, or article pyrotechnic having a total weight of twenty-five pounds or less that is imported in violation of this paragraph shall constitute a separate violation;

(2) Purchasing, possessing, setting off, igniting, or discharging aerial devices, display fireworks, or articles pyrotechnic without a valid permit under sections 132D-10 and 132D-16, or storing, selling, or possessing aerial devices, display fireworks, or articles pyrotechnic without a valid license under section 132D-7, or allowing an individual to possess, set off, ignite, or otherwise cause to explode any aerial device in violation of section 132D-14.5:

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

(3) Who transfers or sells aerial devices, display fireworks, or articles pyrotechnic 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; provided that each aerial device, display firework, or article pyrotechnic having a total weight of twenty‑five pounds or less that is transferred or sold in violation of this paragraph shall constitute a separate violation; 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.] class C felony.

(b) Except as provided in subsection (a) or as otherwise specifically provided for in this chapter, any person violating any other provision of this chapter, shall be fined [not] no more than [$2,000] $5,000 for each violation[.], subject to the adjudication proceedings under part    . Notwithstanding any provision to the contrary in this section, any person violating section 132D-14.5 shall be fined at least $500 and no more than $2,000[.], subject to the adjudication proceedings under part    ."

SECTION 12. Section 132D-17.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]132D-17.5[]] County ordinances. (a) Nothing in this [chapter] part shall be construed to supersede or in any manner affect a county fireworks ordinance; provided that the ordinance is at least as stringent in the control or prohibition of fireworks as the law under this [chapter.] part.

(b) Nothing in this [chapter] part shall prohibit a county from enacting ordinances that are more stringent in the control or prohibition of fireworks than this [chapter.] part."

SECTION 13. Section 132D-20, Hawaii Revised Statutes, is amended to read as follows:

"132D-20 Enforcement; probable cause for arrest. (a) This [chapter] part shall be enforced by each county[.]; provided that the sheriff division of the department of public safety may assist each county in the enforcement of this part. The counties and the sheriff division are authorized to enforce and administer the provisions of this [chapter.] part.

(b) Arrests for offenses under this [chapter] part or under a county fireworks ordinance shall be made in compliance with chapter 803. The facts and circumstances to establish probable cause for an arrest may include but are not limited to:

(1) Statements from individuals who witnessed the offense, even if those individuals are not law enforcement officers; and

(2) Photographs, video recordings, or other recordings that show the commission of the offense and can be authenticated by one or more witnesses; provided that a recording made using an unmanned aerial vehicle shall be exempt from the requirement of authentication by one or more witnesses.

For the purposes of this subsection:

"Other recording" includes any photograph or a video made using an unmanned aerial vehicle.

"Unmanned aerial vehicle" means any aerial vehicle that is operated without the possibility of direct human intervention within or on the aerial vehicle. The term "unmanned aerial vehicle" does not include a remote-controlled airplane."

SECTION 14. Section 571-41, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

"(f) The judge, or the senior judge if there is more than one, may by order confer concurrent jurisdiction on a district court created under chapter 604 to hear and dispose of cases of violation of traffic laws or ordinances, or fireworks infraction rules established pursuant to part     of chapter 132D, by children, provision to the contrary in section 571-11 or elsewhere notwithstanding. The exercise of jurisdiction over children by district courts shall, nevertheless, be considered noncriminal in procedure and result in the same manner as though the matter had been adjudicated and disposed of by a family court."

SECTION 15. Section 601-3.7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established in the state treasury a special fund to be known as the judiciary computer system special fund, which shall contain the following:

(1) Moneys collected from administrative fees pursuant to section 287-3(a);

(2) Fees prescribed by the supreme court by rule of court for electronic document certification, electronic copies of documents, and for providing bulk access to electronic court records and compilations of data; and

(3) Fees pursuant to sections 132D-H(b)(3), 607-4(b)(10), and 607‑5(c)(32)."

SECTION 16. There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 to update the judiciary information management system to implement the adjudications process established by this part.

The sums appropriated shall be expended by the judiciary for the purposes of this part.

PART III

SECTION 17. (a) The attorney general shall establish an explosion detection technology working group to study the feasibility of purchasing and deploying explosion detection technology for the purpose of assisting the police department in each county having a population of more than five hundred thousand in locating and responding to explosions caused by the illegal use of firearms and fireworks.

(b) Members of the working group shall include the:

(1) Attorney general;

(2) Chief of the police department for each county having a population of more than five hundred thousand;

(3) Prosecuting attorney for each county having a population of more than five hundred thousand; and

(4) Members of the state fire council.

SECTION 18. The explosion detection technology working group shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2022.

SECTION 19. The explosion detection technology working group shall cease to exist on February 1, 2022.

PART IV

SECTION 20. (a) The department of public safety shall collaborate with county law enforcement agencies to develop and implement a statewide web-based reporting tool for illegal fireworks that will allow data to be shared with county law enforcement agencies for the purpose of assisting county law enforcement agencies to accurately identify problematic geographic areas and subsequently plan targeted methods of enforcement.

(b) The statewide web-based fireworks reporting tool shall include the following features:

(1) Anonymous reporting functions;

(2) A location reporting mechanism that uses an interactive global positioning system map of the State to allow for precise address reporting;

(3) A picture and video upload feature to allow for the submission of evidence;

(4) An optional contact information submission feature; and

(5) Report-generating features, accessible only by state and county law enforcement agencies.

(c) Data collected through this statewide web-based fireworks reporting tool shall not include public report generating features; provided that state and county law enforcement agencies may provide anonymous data for public information.

SECTION 21. There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for the department of public safety to develop and implement a statewide web-based reporting tool for illegal fireworks; provided that the department shall collaborate with county law enforcement agencies in the development and implementation of the statewide web-based fireworks reporting tool.

The sums appropriated shall be expended by the department of public safety for the purposes of this part.

PART VI

SECTION 22. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 23. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 24. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 25. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 26. This Act shall take effect on May 6, 2137.



 

Report Title:

Fireworks; Explosions; Working Group; Internet; Public Safety; Fireworks Infractions; Adjudication; Judiciary; Appropriation

 

Description:

Establishes an expeditious adjudication system for the processing of fireworks infractions. Increases the fireworks display permit fee from $110 to $150 and the fine for certain fireworks violations from $2,000 per violation to $5,000 per violation. Clarifies that each aerial device, display firework, or article pyrotechnic having a total weight of twenty-five pounds or less that is illegally imported, transferred, or sold constitutes a separate violation. Increases the penalty for removing or extracting the pyrotechnic contents. Authorizes the sheriff division to enforce the fireworks control law. Requires the attorney general to establish an explosion detection technology working group. Requires the department of public safety to develop and implement a web-based fireworks reporting tool. Appropriates funds. Effective 5/6/2137. (HD1)

 

 

 

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