Hawaii-2023-HB686-Introduced

SECTION 1. The legislature finds that the use of illegal fireworks is both a nuisance to residents and concerning to the elected officials of Hawaii. Despite the city and county of Honolulu's ban on most consumer fireworks in 2010, the problems associated with illegal aerial fireworks have not been solved, and in fact seem to have gotten worse in recent years. Videos taken and shared of New Year's Eve 2021 celebrations on Oahu were a stark illustration of just how ineffective current measures are at curbing the importation and distribution of illegal fireworks.

The legislature further finds that the 2016 New Year's celebration on Oahu saw a significant increase in the use of illegal aerial fireworks. From November through December of 2015, more than three thousand complaints were made to the Honolulu police department regarding fireworks usage. The number of arrests for fireworks violations also increased over this time and a historical home in Ewa caught fire and sustained thousands of dollars of damage as a result of an illegal aerial firework. The ease of importing illegal explosives into the State is a public safety concern that impacts all Hawaii residents and businesses.

The legislature further finds that the inspection of shipping containers, whether by the State or counties, is a major element in the fight against terrorism and illegal fireworks. Particularly in light of the State's geographical isolation and the numerous containers arriving by ship, it is imperative that the State broaden its inspection of incoming shipping containers. Over ninety per cent of more than two hundred thousand shipping cargo containers that arrive in Hawaii each year are from the continental United States. Only a small fraction of these containers, however, are inspected by government agencies. The lack of sufficient cargo inspections means that there is ample opportunity for illegal fireworks and explosives to be smuggled into the State. The legislature also finds that increased inspections need to be carefully crafted to avoid delays and inefficiencies in harbor operations that could impede commerce.

The legislature further finds that the report of the illegal fireworks task force to the legislature for the regular session of 2011, which was prepared in accordance with Act 170, Session Laws of Hawaii 2010, made recommendations in an effort to reduce illegal firework use and importation. These recommendations include increased fireworks fees and fines, increased random inspections of cargo containers, and promotion of cooperation among stakeholders.

The purpose of this Act is to implement certain recommendations from the report of the illegal fireworks task force to the legislature for the regular session of 2011 and establish a shipping container inspection program using x-ray scanners to inspect cargo shipments after arrival at the harbors.

SECTION 2. Chapter 266, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

"§266‑A Power to inspect shipping containers. (a) In addition to any other powers provided by law, the department of public safety, sheriff division, may in its discretion inspect any shipping container situated anywhere at any commercial harbor, as defined in section 266-1, or work site to detect and confiscate any material constituting a threat directly or indirectly to the security of life or property in Hawaii, including explosives, but excluding fireworks regulated under chapter 132D.

(b) The department of public safety, sheriff division, may collaborate with any federal agency, including any of the United States armed services, and state and county agencies to effectuate this section. The department of public safety shall serve as the lead state agency to coordinate the inspection of shipping containers pursuant to this section.

§266‑B 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, 2023.

(b) The shipping container inspection program shall:

(1) Include the use of X-ray technology to inspect every incoming shipping container;

(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, established businesses, and major retailers;

(3) Conduct the majority of inspections away from ports, to allow timely removal of shipping containers and avoid off-loading delays;

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

(c) Beginning July 1, 2023, the department of transportation shall assess a fee of $1 for each shipping container arriving in the State. Beginning July 1, 2024, 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-C.

(d) The department of public safety shall coordinate and conduct the inspection of shipping containers pursuant to this section, as authorized under section 266-A. The Hawaii national guard may be utilized to assist in the 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‑C 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-B(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-B."

SECTION 3. Section 132D-14, Hawaii Revised Statutes, is amended to read as follows:

"§132D-14 Penalty. (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;

(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;~~] shall be guilty of a class C felony.

(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; 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 [~~$5,000~~] $10,000 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.

(c) The court shall collect the fines imposed in subsections (a) and (b) for violating this chapter and, of the fines collected, shall pay twenty per cent to the State and eighty per cent to the county in which the fine was imposed which shall be expended by the county for law enforcement purposes.

(d) Notwithstanding any penalty set forth herein, violations of subsection (a)(1) or (3) may be subject to nuisance abatement proceedings provided in part V of chapter 712."

SECTION 4. No later than twenty days prior to the convening of the 2024 and 2025 regular sessions, the department of public safety shall submit to the legislature a report on the implementation of the shipping container inspection program established pursuant to this Act. The report 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 $250,000 or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 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 $250,000 or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for costs to establish and administer the shipping container inspection program, including the purchase, care, and handling of at least two container X-ray scanning portals.

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 upon its approval; provided that sections 5 and 6 of this Act shall take effect on July 1, 2023.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	686
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII