THE SENATE

S.B. NO.

513

THIRTY-FIRST LEGISLATURE, 2021

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

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, Milwaukee, and San Diego.

The legislature further finds that other technologies may assist law enforcement in data collection pertaining to illegal fireworks, including the website-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.

PART II

SECTION 2. The purpose of this part is to implement the recommendations of the 2010 illegal fireworks task force by:

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

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

(3) 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

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

SECTION 3. 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 4. Section 132D-14, Hawaii Revised Statutes, is amended by amending subsection (a) and (b) to read as follows:

"(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 more than [$2,000] $5,000 for each violation. 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."

PART III

SECTION 5. The purpose of this part is to require the attorney general to establish an explosion detection technology working group.

SECTION 6. (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 police 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 a county having a population of more than five hundred thousand; and

(4) Members of the state fire council.

SECTION 7. 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 8. The explosion detection technology working group shall cease on exist on February 1, 2022.

PART IV

SECTION 9. The purpose of this part is to:

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

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

(3) Appropriate moneys to the department of public safety to develop and implement the web-based fireworks reporting tool.

SECTION 10. (a) The department of public safety shall collaborate with county enforcement agencies to develop and implement a statewide web-based reporting tool for illegal fireworks that will allow data to be shared with county enforcement agencies for the purpose of assisting county enforcement agencies to accurately identify problematic geographic areas and subsequently plan targeted methods of enforcement.

(b) The 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 enforcement agencies.

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

SECTION 11. Section 132D-20, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) This chapter 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 chapter. The counties and the sheriff division are authorized to enforce and administer the provisions of this chapter."

SECTION 12. 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 reporting tool.

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

PART V

SECTION 13. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 14. 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 15. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 16. This Act shall take effect on May 6, 2137.


 


 

Report Title:

Fireworks; Explosions; Working Group; Internet; Public Safety; Appropriation

 

Description:

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 25 pounds or less that is illegally imported, transferred, or sold constitutes a separate violation. Increases the penalty for removing or extracting the pyrotechnic contents. 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. Authorizes the Sheriff Division to enforce the fireworks control law. Appropriates funds. Effective 5/6/2137. (SD1)

 

 

 

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