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

Hawaii Senate Bill 3343 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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. 1
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 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~~] except licenses to import which may also be issued by the harbors division of the department of transportation; provided 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[.] or the harbors division of the department of transportation, respectively. If the [~~state fire council or~~] applicable county or 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

(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 and the applicable county shall be allowed to inspect, if it chooses, any shipment declared on the shipping manifest as fireworks or articles pyrotechnic."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on January 1, 2050.

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 or applicable county. Requires annual report to the Legislature. Effective date 1/1/2050. (SD1)

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