Bill Text: HI SB37 | 2023 | Regular Session | Introduced
Bill Title: Relating To Fireworks.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2023-01-20 - Referred to TCA/PSM, WAM. [SB37 Detail]
Download: Hawaii-2023-SB37-Introduced.html
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THE SENATE |
S.B. NO. |
37 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO FIREWORKS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Legislature finds that, in an effort to address the problem of illegal fireworks, the legislature passed Act 170, Session Laws of Hawaii 2010, which established the illegal fireworks task force to develop strategies and make recommendations to address the illegal importation and use of fireworks in the State. Among other things, 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 legislature understands this is a complex issue that will require collaboration from many people and agencies. The intent of this Act is not to attempt to change or diminish the job duties of department of transportation employees who currently have inspection responsibilities, nor is it attempting to interfere with existing collective bargaining agreements. The legislature finds it is important to safeguard the health and safety of those in Hawai‘i. The use of illegal fireworks often leads to serious, permanent bodily injury, death, and causes stress and anxiety for those living with post-traumatic stress disorder.
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; and
(2) Appropriating funds to the department of public safety for the effective detection, safe storage, and disposal of illegal fireworks.
SECTION 2. Chapter 266, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§266‑ Shipping
container inspection program. (a) The department of public safety, in
collaboration with the department of transportation, and any other state or federal
agencies, including any of the United States armed services, and private
organizations involved with shipping cargo into the State, shall develop and
implement a program to randomly inspect shipping containers arriving in the
State for illegal fireworks and explosives being brought 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 explosive-sniffing
dogs to inspect incoming shipping containers to the greatest extent reasonable
at a designated secure site, and if logistically necessary, located away from a
commercial harbor;
(2) Prioritize resources toward high-risk
containers over low-risk containers. For
purposes of this paragraph, "low-risk container" means 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 determined
to be in good standing by the department of commerce and consumer affairs;
(3) Inspect all shipping containers containing legal fireworks using personnel who are able to distinguish legal fireworks from illegal fireworks at a designated secure site and, if logistically necessary, located away from a commercial harbor; and
(4) Balance safety concerns with
commercial interests to avoid increases in consumer costs.
(c) 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.
(d) Any container identified by the department of
public safety as requiring additional inspection for possible illegal fireworks
shall be inspected by the appropriate bargaining unit employees and shall not
be performed by a contractor or subcontractor.
(e) The department of public safety may request
funding from federal sources for homeland security and port security measures
and work with the United States 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."
SECTION 3. No later than forty days prior to the convening of the regular sessions of 2024 and 2025, 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 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $750,000 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 explosive-sniffing dogs.
The sum appropriated shall be expended by the department of public safety for the purposes of this Act.
PART II
SECTION 5. Act , Session Laws of Hawaii 2023, sections 2, 3, and 4 are amended by substituting the phrase "department of law enforcement", or similar term, wherever the phrase "department of public safety", or similar term, appears.
PART III
SECTION 6. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval; provided that:
(1) Section 4 of this Act shall take effect on July 1, 2023; and
(2) Part II shall take effect on January 1, 2024.
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INTRODUCED BY: |
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Report Title:
Illegal Fireworks; Department of Public Safety; Department of Transportation; Shipping Container Inspection Program; Fees; Appropriation
Description:
Establishes the shipping container inspection program and appropriates funds for the shipping container inspection program. Requires the Department of Public Safety to submit reports to the Legislature on implementation of the shipping container inspection program. Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
