Bill Text: HI SB3343 | 2022 | Regular Session | Introduced
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-Introduced.html
|
THE SENATE |
S.B. NO. |
3343 |
|
THIRTY-FIRST LEGISLATURE, 2022 |
|
|
|
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 harbors
division of the department of transportation or appropriate county
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[.]; report
to legislature. A person shall not:
(1) Import aerial devices,
display fireworks, articles pyrotechnic, or consumer fireworks unless the person
has a valid license issued by the harbors division of the department of transportation;
[(1)] (2)
[Import, store,] 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)] (3)
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 harbors division of the department of transportation shall submit a report to the legislature no later than twenty days prior to the convening of each regular session to provide a summary of the licenses issued under paragraph (1); provided that information identifiable to an individual shall be confidential and not subject to public disclosure."
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]; provided that all licenses to import shall be issued by the harbors
division of the department of transportation; provided further that all licenses
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 information
required in subsection 132D-8.6(a), proposed display event, and
related contact information in a form prescribed by the [applicable county.]
harbors division of the department of transportation. If the [state fire council or county] harbors
division of the department of transportation 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."
SECTION 4. Section 132D-8.6, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) 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 shipment and when booking each shipment of fireworks, display fireworks,
articles pyrotechnic, or aerial devices notify the appropriate state and
county official as determined by the harbors
division of the department of transportation and county, respectively,
regarding whether the shipment will be distributed from:
(A) Pier
to pier;
(B) Pier
to warehouse or storage facility; or
(C) Pier
to redistribution;
(4) Prior to booking the shipment, provide to the applicable state official and 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 state and county official as determined by the harbors division of the department of transportation and county in writing of the expected shipment's landing date.
(b)
The [fire department of a county, in which a shipment of fireworks or
articles pyrotechnic has landed and becomes subject to the jurisdiction of the
fire department,] harbors division of the department of transportation
shall be allowed to inspect, if it chooses, any shipment declared on the
shipping manifest as fireworks or articles pyrotechnic."
SECTION 5. Section 132D-11, Hawaii Revised Statutes, is amended to read as follows:
"§132D-11 Fee. (a) The fee for the license required under section
132D-7 shall be $3,000 for importers, which shall be payable to the State, and
$2,000 for each wholesaler's site, $1,000 for each storage site, and $500 for
each retailer's site for each year or fraction of a year in which the licensee
plans to conduct business and shall be payable to the county. The license fees payable to the county
shall be used solely by each county fire department to pay for the salary of an
auditor of fireworks and articles pyrotechnic records and all expenses incurred
to fulfill the duties required, including the inspection of inventory and
storage facilities, maintenance of required records, and the training of the
auditor. The auditor shall monitor
strict inventory and recordkeeping requirements to ensure that sales of fireworks
or articles pyrotechnic are made only to license or permit holders under this
chapter. The State and county
shall provide an exemption from the fees under this section to nonprofit
community groups for importation and storage of fireworks or articles pyrotechnic
for displays once a year.
(b) The fee for the license required under section 132D-7 shall be the fee specified in subsection (a) for each year, fraction of a year, or event in which the licensee plans to conduct business and shall be payable to the State and applicable county in which the permitted activity is to occur."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Fireworks; License to Import; Harbors Division; Department of Transportation; Annual Report; Fees
Description:
Requires importers of fireworks to obtain a license from the Harbors Division of the Department of Transportation. Requires annual report to the Legislature.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
