Hawaii 2022 Regular Session

Hawaii Senate Bill SB895 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 895 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT relating to fireworks. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 895
4	4	THIRTY-FIRST LEGISLATURE, 2021
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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13	13	THIRTY-FIRST LEGISLATURE, 2021
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to fireworks.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The purpose of this Act is to: (1) Legalize the usage of consumer grade fireworks, including aerial devices during limited dates and times; and (2) Provide that a surcharge be imposed on consumer grade fireworks to be distributed to the county fire departments, the department of land and natural resources division of forestry and wildlife, and the state comprehensive emergency medical services system. SECTION 2. Chapter 132D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§132D- Fireworks surcharge. (a) A fireworks surcharge of one per cent shall be imposed on all sales of aerial devices and consumer fireworks. (b) Moneys collected pursuant to this section shall be distributed as follows: (1) One third shall be allocated equally among each county fire department; (2) One third shall be allocated to the department of land and natural resources division of forestry and wildlife; and (3) One third shall be allocated to the state comprehensive emergency medical services system." SECTION 3. Section 132D-3, Hawaii Revised Statutes, is amended to read as follows: "§132D-3 Permissible uses of consumer fireworks[.] and aerial devices. Consumer fireworks and aerial devices may be set off, ignited, discharged, or otherwise caused to explode within the State only[: (1) From 9:00 p.m.] from sunset to 12:00 a.m. on New Year's Eve [to 1:00 a.m. on New Year's Day; from 7:00 a.m. to 7:00 p.m. on Chinese New Year's Day;] and [from 1:00 p.m. to 9:00 p.m. on] the Fourth of July[; or (2) From 9:00 a.m. to 9:00 p.m. as allowed by permit pursuant to section 132D-10 if the proposed cultural use is to occur at any time other than during the periods prescribed in paragraph (1); provided that the purchase of not more than five thousand individual consumer fireworks commonly known as firecrackers shall be allowed under each permit]." SECTION 4. Section 132D-4, Hawaii Revised Statutes, is amended to read as follows: "§132D-4 Permissible uses of display fireworks[,] and articles pyrotechnic[, and aerial devices]. (a) Display fireworks[,] and articles pyrotechnic[, and aerial devices] may be purchased, set off, ignited, or otherwise caused to explode in the State only if for display and permitted in writing pursuant to sections 132D-10 and 132D-16. (b) Display fireworks[,] and articles pyrotechnic[, and aerial devices] shall be set off, ignited, discharged, or otherwise caused to explode within the State only from 9:00 a.m. to 9:00 p.m.; provided that the applicable county fire chief may extend the time period for special events; provided further that the time restriction established in this subsection shall not apply to display fireworks[,] and articles pyrotechnic[, and aerial devices] set off, ignited, discharged, or otherwise caused to explode within the State solely as part of a movie or television production." SECTION 5. Section 132D-9, Hawaii Revised Statutes, is amended to read as follows: "§132D-9 Application for permit. The permit required under section 132D-10 or 132D-16 shall be issued by the county or its authorized designees and be nontransferable. The county or its authorized designees shall issue all permits for which complete applications have been submitted and which contain only correct information. The permit shall specify the date of issuance or effect and the date of expiration but in no case for a period to exceed one year. [The permit for the purchase of consumer fireworks for the purposes of section 132D-3 shall not allow purchase for more than one event as set forth in section 132D-3.] The application shall be made on a form setting forth the dates for which the permit shall be valid, the location where the permitted activity is to occur, 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 permit application may be denied if the proposed use of fireworks or articles pyrotechnic presents a substantial inconvenience to the public or presents an unreasonable fire or safety hazard. Any permit issued pursuant to this chapter shall be prominently displayed in public view at the site." SECTION 6. Section 132D-10, Hawaii Revised Statutes, is amended to read as follows: "§132D-10 Permits. A permit shall be required for the purchase and use of[: (1) Any consumer fireworks commonly known as firecrackers upon payment of a fee of $25; (2) Any aerial devices,] display fireworks[,] or articles pyrotechnic for the purposes of section 132D-16 upon payment of a fee of $110[; and (3) Any consumer fireworks for the purposes of section 132D-5 or for cultural uses that occur at any time other than during the periods prescribed in section 132D-3(1) upon a payment of a fee of $25]." SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 8. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The purpose of this Act is to:
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51	51	(1) Legalize the usage of consumer grade fireworks, including aerial devices during limited dates and times; and
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53	53	(2) Provide that a surcharge be imposed on consumer grade fireworks to be distributed to the county fire departments, the department of land and natural resources division of forestry and wildlife, and the state comprehensive emergency medical services system.
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55	55	SECTION 2. Chapter 132D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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57	57	"§132D- Fireworks surcharge. (a) A fireworks surcharge of one per cent shall be imposed on all sales of aerial devices and consumer fireworks.
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59	59	(b) Moneys collected pursuant to this section shall be distributed as follows:
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61	61	(1) One third shall be allocated equally among each county fire department;
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63	63	(2) One third shall be allocated to the department of land and natural resources division of forestry and wildlife; and
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65	65	(3) One third shall be allocated to the state comprehensive emergency medical services system."
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67	67	SECTION 3. Section 132D-3, Hawaii Revised Statutes, is amended to read as follows:
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69	69	"§132D-3 Permissible uses of consumer fireworks[.] and aerial devices. Consumer fireworks and aerial devices may be set off, ignited, discharged, or otherwise caused to explode within the State only[:
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71	71	(1) From 9:00 p.m.] from sunset to 12:00 a.m. on New Year's Eve [to 1:00 a.m. on New Year's Day; from 7:00 a.m. to 7:00 p.m. on Chinese New Year's Day;] and [from 1:00 p.m. to 9:00 p.m. on] the Fourth of July[; or
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73	73	(2) From 9:00 a.m. to 9:00 p.m. as allowed by permit pursuant to section 132D-10 if the proposed cultural use is to occur at any time other than during the periods prescribed in paragraph (1);
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75	75	provided that the purchase of not more than five thousand individual consumer fireworks commonly known as firecrackers shall be allowed under each permit]."
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77	77	SECTION 4. Section 132D-4, Hawaii Revised Statutes, is amended to read as follows:
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79	79	"§132D-4 Permissible uses of display fireworks[,] and articles pyrotechnic[, and aerial devices]. (a) Display fireworks[,] and articles pyrotechnic[, and aerial devices] may be purchased, set off, ignited, or otherwise caused to explode in the State only if for display and permitted in writing pursuant to sections 132D-10 and 132D-16.
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81	81	(b) Display fireworks[,] and articles pyrotechnic[, and aerial devices] shall be set off, ignited, discharged, or otherwise caused to explode within the State only from 9:00 a.m. to 9:00 p.m.; provided that the applicable county fire chief may extend the time period for special events; provided further that the time restriction established in this subsection shall not apply to display fireworks[,] and articles pyrotechnic[, and aerial devices] set off, ignited, discharged, or otherwise caused to explode within the State solely as part of a movie or television production."
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83	83	SECTION 5. Section 132D-9, Hawaii Revised Statutes, is amended to read as follows:
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85	85	"§132D-9 Application for permit. The permit required under section 132D-10 or 132D-16 shall be issued by the county or its authorized designees and be nontransferable. The county or its authorized designees shall issue all permits for which complete applications have been submitted and which contain only correct information. The permit shall specify the date of issuance or effect and the date of expiration but in no case for a period to exceed one year. [The permit for the purchase of consumer fireworks for the purposes of section 132D-3 shall not allow purchase for more than one event as set forth in section 132D-3.] The application shall be made on a form setting forth the dates for which the permit shall be valid, the location where the permitted activity is to occur, 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 permit application may be denied if the proposed use of fireworks or articles pyrotechnic presents a substantial inconvenience to the public or presents an unreasonable fire or safety hazard. Any permit issued pursuant to this chapter shall be prominently displayed in public view at the site."
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87	87	SECTION 6. Section 132D-10, Hawaii Revised Statutes, is amended to read as follows:
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89	89	"§132D-10 Permits. A permit shall be required for the purchase and use of[:
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91	91	(1) Any consumer fireworks commonly known as firecrackers upon payment of a fee of $25;
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93	93	(2) Any aerial devices,] display fireworks[,] or articles pyrotechnic for the purposes of section 132D-16 upon payment of a fee of $110[; and
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95	95	(3) Any consumer fireworks for the purposes of section 132D-5 or for cultural uses that occur at any time other than during the periods prescribed in section 132D-3(1) upon a payment of a fee of $25]."
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97	97	SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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99	99	SECTION 8. This Act shall take effect upon its approval.
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103	103	INTRODUCED BY: _____________________________
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105	105	INTRODUCED BY:
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109	109	Report Title: Fireworks; Aerial Devices; Surcharge Description: Allows consumer fireworks and aerial devices to be used between sunset and midnight on New Year's Eve and the Fourth of July. Imposes a one per cent surcharge on the sale of commercial fireworks and aerial devices. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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115	115	Report Title:
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117	117	Fireworks; Aerial Devices; Surcharge
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121	121	Description:
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123	123	Allows consumer fireworks and aerial devices to be used between sunset and midnight on New Year's Eve and the Fourth of July. Imposes a one per cent surcharge on the sale of commercial fireworks and aerial devices.
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131	131	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.