Hawaii-2022-HB35-Introduced

SECTION 1. 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, 2021.

(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; and

(4) Balance safety concerns with commercial interests to avoid increases in consumer costs.

(c) Beginning July 1, 2021, the department of transportation shall assess a fee of $1 for each shipping container arriving in the State. Beginning July 1, 2022, 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 2022 and 2023, 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 shipping container inspection program special fund 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 costs to establish and administer the shipping container inspection program, including the purchase, care, and handling of at least two explosive-sniffing dogs.

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

SECTION 6. 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 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval; provided that section 5 of this Act shall take effect on July 1, 2021.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	35
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII