Bill Text: HI SB3343 | 2022 | Regular Session | Amended

Hawaii Senate Bill 3343 (Prior Session Legislation)

Bill Title: Relating To Fireworks.

Spectrum: Strong Partisan Bill (Democrat 15-1)

Status: (Engrossed - Dead) 2022-03-18 - The committee(s) on TRN recommend(s) that the measure be deferred. [SB3343 Detail]

Download: Hawaii-2022-SB3343-Amended.html

THE SENATE	S.B. NO.	3343
THIRTY-FIRST LEGISLATURE, 2022		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO FIREWORKS.

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

SECTION 1. Section 132D-2, Hawaii Revised Statutes, is amended by amending the definition of "license" to read as follows:

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

SECTION 2. 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.

The counties shall share information gathered pursuant to this section with the harbors division of the department of transportation."

SECTION 3. Section 132D-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) All licenses required under section 132D-7 shall be issued by the county and shall be nontransferable. Licenses to import 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 importations are to begin, the address of the location of the importer, 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 application for a license to import display fireworks, articles pyrotechnic, or aerial devices shall include written documentation of the proposed display event and related contact information in a form prescribed by the applicable county. If the state fire council or county discovers at a later date that a licensee has been convicted of a felony under this chapter, the licensee's license shall be revoked and no new license shall be issued to the licensee for two years. The counties shall share information gathered pursuant to this subsection with the harbors division of the department of transportation."

SECTION 4 Section 132D-8.5, Hawaii Revised Statutes, is amended to read as follows:

"§132D-8.5 Importation of aerial devices, display fireworks, or articles pyrotechnic for display. Aerial devices, display fireworks, or articles pyrotechnic shall only be imported and stored, if necessary, in an amount sufficient for an anticipated three-month inventory; provided that if a licensee under section 132D-7 provides aerial devices, display fireworks, or articles pyrotechnic for displays as allowed under section 132D-16 more than once a month, the licensee may import or store, if necessary, sufficient aerial devices, display fireworks, or articles pyrotechnic for a six-month inventory. The counties shall share information gathered pursuant to this section with the harbors division of the department of transportation."

SECTION 5. Section 132D-8.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any person who has obtained a license under section 132D-7 and ships fireworks or articles pyrotechnic into the State shall:

(1) Clearly designate the types of fireworks or articles pyrotechnic in each shipment on the bill of lading or shipping manifest with specificity;

(2) Declare on the bill of lading or shipping manifest the gross weight of consumer fireworks, display fireworks, articles pyrotechnic, and aerial devices to be imported in each shipment and the location of the storage facility, if applicable, in which the fireworks or articles pyrotechnic are to be stored;

(3) [~~Prior to~~] Before shipment and when booking each shipment of fireworks, display fireworks, articles pyrotechnic, or aerial devices notify the appropriate county official as determined by the county regarding whether the shipment will be distributed from:

(A) Pier to pier;

(B) Pier to warehouse or storage facility; or

(4) [~~Prior to~~] Before booking the shipment, provide to the applicable county fire chief:

(A) Written documentation regarding the proposed display event or events and related contact information to allow the fire chief to validate the importation of a three-month or six-month inventory under section 132D-8.5; and

(B) An inventory breakdown for each proposed display; and

(5) At the time shipping is booked, the importer or consignee shall notify the appropriate county official as determined by the county in writing of the expected shipment's landing date.

The counties shall share information gathered pursuant to this section with the harbors division of the department of transportation."

SECTION 6. Each county fire department shall submit a report of its enforcement activities concerning fireworks, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2023.

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

SECTION 8. This Act shall take effect on January 1, 2050.

Report Title:

Fireworks; Counties; Information; Harbors Division; Department of Transportation; Report to Legislature

Description:

Requires the counties to share certain information concerning fireworks with the Harbors Division of the Department of Transportation. Requires each county to submit a report to the Legislature. Effective date 1/1/2050. (SD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.