Bill Text: HI HB1810 | 2020 | Regular Session | Amended
Bill Title: Relating To Fireworks.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-02-07 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with Representative(s) Tokioka voting aye with reservations; Representative(s) D. Kobayashi, Okimoto voting no (2) and Representative(s) McDermott, Yamashita excused (2). [HB1810 Detail]
Download: Hawaii-2020-HB1810-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1810 |
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THIRTIETH LEGISLATURE, 2020 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO FIREWORKS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that in the first three weeks of December 2019, the Honolulu police department reported more than five hundred complaints about fireworks. The legislature also finds that since 2011, fireworks-related complaints have increased in all counties. The legislature further finds that the proliferation of explosive contraband on Oahu underscores a long-standing reality that authorities largely have been unable to curtail the supply of aerials and other black-market fireworks, according to the Honolulu Star-Advertiser. Furthermore, only a handful of cases involving the illegal importation of fireworks or the unauthorized possession of display fireworks have been publicly reported in recent years.
To address the problem of illegal fireworks, Act 170, Session Laws of Hawaii 2010, established the 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 recommendations, the task force recommended increasing random inspections for illegal fireworks by expanding inspection authority and focusing cargo inspections to make the inspections more manageable.
Subsequently, pursuant to Act 184, Session Laws of Hawaii 2019, the legislative reference bureau updated the findings and recommendations of the Report of the Illegal Fireworks Task Force to the Legislature for the Regular Session of 2011. The 2019 legislative reference bureau report, Blast From the Past: An Update to the Report of the Illegal Fireworks Task Force to the Legislature for the Regular Session of 2011, indicated that the "majority of respondents to the [Legislative Reference] Bureau's Survey appeared to agree that the issues and challenges presented by the Task Force in its 2011 report remain relevant today."
The purpose of this Act is to address the illegal importation and use of fireworks in the State by:
(1) Establishing a shipping container inspection program to randomly inspect shipping containers arriving in the State for illegal fireworks and explosives, including the use of explosive-sniffing dogs to inspect the containers;
(2) Creating the shipping container inspection program special fund to collect shipping container import fees established under this Act and appropriating funds for the shipping container inspection program; and
(3) Increasing
the maximum fine for certain violations of the fireworks law.
SECTION 2. Chapter 266, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
§266‑A Shipping container inspection program. (a)
The department of public safety, in collaboration with the departments
of defense and transportation, and any federal agencies, including any of the
United States armed services, state agencies, and private organizations
involved with shipping cargo into the State, shall develop and implement a
program to randomly inspect shipping containers arriving in Honolulu for
illegal fireworks and explosives smuggled into the State. The program shall begin no later than October
1, 2020.
(b) The shipping container inspection program
shall:
(1) Include the use
of explosive-sniffing dogs to inspect incoming shipping containers to the
greatest extent reasonable;
(2) Prioritize
resources toward high risk containers over low risk containers. For purposes of this paragraph, "low
risk container" includes shipping containers containing goods to be
delivered to the military, state or county agencies, and businesses registered
to do business in the State that are in good standing;
(3) Inspect all
shipping containers containing legal fireworks using personnel who are able to
distinguish legal fireworks from illegal fireworks;
(4) Balance safety
concerns with commercial interests to avoid increases in consumer costs.
(c)
Beginning July 1, 2020, the department of transportation shall assess a
fee of $1 for each shipping container arriving in the State. Beginning July 1, 2021, the department of
transportation shall assess a fee of $2 for each shipping container arriving in
the State. All fees received by the
department of transportation pursuant to this subsection shall be deposited
into the shipping container inspection program special fund established under
section 266-B.
(d) The department of public safety shall
coordinate and conduct the random inspection of shipping containers pursuant to
this section. The Hawaii national guard
may be utilized to assist in the random inspection of shipping containers.
(e) The department of public safety may request
funding from the federal government for homeland security and port security measures
and work with the military to secure other funding sources for the purposes of
the program.
(f) The department of public safety shall adopt
rules in accordance with chapter 91 for the purposes of this section.
§266‑B Shipping container inspection program
special fund. (a) There is established in the state treasury
the shipping container inspection program special fund, into which shall be
deposited:
(1) Appropriations by the legislature to the special fund;
(2) Gifts, donations, and grants from public agencies and
private persons; and
(3) All proceeds collected by the department of transportation
from shipping container import fees under section 266-A(c).
(b) All moneys in the special fund shall be used
for support and administration of the shipping container inspection program
established under section 266-A."
SECTION 3. Section 132D-14, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(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."
SECTION 4. No later than twenty days prior to the convening of the regular sessions of 2021 and 2022, the department of public safety shall submit to the legislature reports on the implementation of the shipping container inspection program established pursuant to this Act. The reports shall include findings and recommendations, including costs expended to date, the estimated cost of operating the program, and any proposed legislation.
SECTION 5. 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 2020-2021 to be deposited into the shipping container inspection program special fund established pursuant to this Act.
SECTION 6. There is appropriated out of the shipping container inspection program special fund the sum of $ or so much thereof as may be necessary for fiscal year 2020-2021 for costs to establish and administer the shipping container inspection program, including the purchase, care, and handling of at least two explosive-sniffing dogs.
The sum appropriated shall be expended by the department of public safety for the purposes of this Act.
SECTION 7. 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 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect on July 1, 2050; provided that sections 5 and 6 of this Act shall take effect on July 1, 2020.
Report Title:
Illegal Fireworks; PSD; DOT; Shipping Container Inspection Program; Special Fund; Fees; Fines; Appropriation
Description:
Establishes the shipping container inspection program and shipping container inspection program special fund. Increases the maximum fine for each violation of the fireworks law. Requires PSD to submit reports to the legislature on implementation of the shipping container inspection program. Appropriates funds. Effective 7/1/2050. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
