Hawaii 2024 Regular Session

Hawaii Senate Bill SB2093 Compare Versions

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11 THE SENATE S.B. NO. 2093 THIRTY-SECOND LEGISLATURE, 2024 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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4343 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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4747 SECTION 1. Act 67, Session laws of Hawaii 2023, created the illegal fireworks task force to plan, coordinate, and engage in law enforcement operations to prohibit illegal fireworks. The legislature finds that additional provisions are needed for the ability of county and state agencies to address the illegal use of fireworks in Hawaii. SECTION 2. Chapter 132D, Hawaii Revised Statutes, is amended by adding six new sections to be appropriately designated and to read as follows: "§132D- Entry for examination; obstructing law enforcement or fire department operations; penalty. Every officer having police power and every county fire department officer may, at all reasonable times, and at any time whatsoever if there is any reasonable ground for suspicion that the conditions of any license or permit are being violated, without warrant enter into and upon any licensee or permittee premises and inspect the same and every part thereof, and any books or records therein, to ascertain whether or not all conditions of the license or permit and all provisions of this chapter are being complied with by the licensee or permittee. If any officer, or any person called by the officer to the officer's aid, is threatened with the use of violence, force, or physical interference or obstacle, or is hindered, obstructed, or prevented by any licensee, permittee, the licensee's or permittee's employees, or any other person from entering into the license's or permittee's premises, or whenever any officer is by any licensee or permittee, the licensee's or permittee's employees, or any other person opposed, obstructed, or molested in the performance of the officer's duty in any respect, the licensee, permittee, the licensee's or permittee's employee, or any other person shall be guilty of a misdemeanor. Whenever any officer, having demanded admittance into any licensee's or permittee's premises and declared the officer's name and office, is not admitted by the licensee, or permittee, or the person in charge of the premises, it shall be lawful for the officer to forcibly and in any manner to break into and enter the premises. §132D- Administrative inspections. (a) The director of law enforcement or any of the director's designees may make administrative inspections of controlled premises upon presenting appropriate credentials to the registrant or persons subject to this section or their agents in accordance with the following provisions: (1) Inspections shall be at reasonable times and within reasonable limits and in a reasonable manner of controlled premises and vehicles in which persons licensed or permitted under this chapter are permitted to hold, store, transport, sell, possess, or otherwise dispose of any fireworks and articles pyrotechnic to determine if this chapter is being violated; (2) The director of law enforcement or any of the directors designees shall have access to and may copy any and all records, books, logs, or documents pertaining to the holding, storing, transporting, selling, processing, or selling of fireworks or articles pyrotechnic designated under this chapter without a warrant; and (3) The director of law enforcement or any of the director's agents may inventory any stock of any fireworks or articles pyrotechnic designated under this chapter and secure samples or specimens of any fireworks, or any articles pyrotechnic not seized as evidence by paying or offering to pay for the sample. The administrator shall make or cause to be made examinations of samples secured under this section to determine whether this chapter is being violated. (b) For purposes of this section, "controlled premises" means: (1) Places where persons licensed or permitted under this chapter are required to keep records; and (2) Places, including factories, warehouses, establishments, businesses, storefronts, and conveyances in which persons licensed under this chapter are permitted to hold, store, transport, sell, possess, or otherwise dispose or any fireworks and articles pyrotechnic. §132D- Records of licensees and permittees. (a) Persons licensed or permitted to hold, store, transport, sell, possess, or otherwise dispose of any fireworks and articles pyrotechnic shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of this chapter. (b) Every licensee and permittee shall keep a record of all fireworks and articles pyrotechnic received, imported, held, distributed, sold, possessed, or disposed of, showing the amounts received, imported, held, distributed, sold, possessed, or disposed of for a period of five years. (c) Records shall be maintained separately in a file, logbook, or electronic data that is readily accessible by the licensee or permittee. (d) All records pertaining to the receipt, importation, storage, distribution, sale, possession, and disposal of fireworks and articles pyrotechnic shall be produced and made available upon request by the director of law enforcement or the county fire chiefs, or their designees. §132D- Mandatory reporting. (a) Notwithstanding any other law concerning confidentiality to the contrary, the holder of a license or permit issued under this chapter who, in the holder's professional or official capacity, has reason to believe that fireworks or articles pyrotechnic in the holder's inventory have been stolen, embezzled, or otherwise obtained by fraud or diversion, shall immediately report the matter verbally to the director of law enforcement and the county fire chief. (b) The holder of a license or permit under this chapter shall submit a written report to the director of law enforcement and the county fire chief of the county in which the holder of the license or permit resides or conducts business as soon as practicable following the verbal report. The written report shall contain: (1) The name and address of the suspected perpetrator, if known; (2) The nature and extent of the theft, embezzlement, fraud, or diversion; and (3) Any other information that the reporter believes might be helpful or relevant to the investigation of the theft, embezzlement, fraud, or diversion. (c) Any person subject to subsection (a), upon demand of the director of law enforcement or the country fire chief of the county in which the holder of the license or permit resides or conducts business, shall provide all information related to the alleged incident of theft, embezzlement, fraud, or diversion, including but not limited to records, reports, and any image, film, video, or other electronic medium, that was not included in the written report submitted pursuant to subsection (b). (d) This section shall not be construed to provide a basis for a cause of action against the director of law enforcement or the country fire chief or their departments. (e) Any person subject to this section who knowingly prevents another person from reporting as required by this section, or who knowingly fails to provide information as required by this section, shall be guilty of a misdemeanor. §132D- Disposal of confiscated fireworks. A county fire department or law enforcement agency that confiscates prohibited fireworks pursuant to enforcement of this chapter may safely destroy or dispose of the confiscated fireworks; provided that the law enforcement agency shall retain a sample of each type of confiscated fireworks for evidentiary purposes. §132D- Storage and disposal fine. In any administrative, civil, or criminal action, following notice and an opportunity for hearing, the agency or court shall hold liable any party in violation of this chapter and from whom fireworks were confiscated, seized, or otherwise taken into custody by the state or county agency or agencies for the total amount of the costs incurred by the agency or agencies for the storage and disposal of the confiscated or seized fireworks. An administrative, civil, or criminal order to pay a storage and disposal fine may be collected in the same manner as a civil action. An agency or agencies may collect the full amount of the storage and disposal fine together with any costs, interest, and attorney's fees incurred in any action to enforce the order to pay a storage and disposal fine." SECTION 3. Section 132D-8.6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) The department of law enforcement or 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 department of law enforcement or the fire department, shall be allowed to inspect, if it chooses, any shipment declared on the shipping manifest as fireworks or articles pyrotechnic[.] or any facility in which fireworks or articles pyrotechnic are to be stored." SECTION 4. Section 132D-14, Hawaii Revised Statutes, is amended to read as follows: "§132D-14 Penalty. (a) Any person: (1) Importing aerial devices, display fireworks, or articles pyrotechnic without having a valid license under section 132D-7 shall be guilty of a class C felony; (2) Purchasing, possessing, setting off, igniting, or discharging aerial devices, display fireworks, or articles pyrotechnic without a valid permit under sections 132D-10 and 132D-16, or storing, selling, or possessing aerial devices, display fireworks, or articles pyrotechnic without a valid license under section 132D-7, or allowing an individual to possess, set off, ignite, discharge, or otherwise cause to explode any aerial device in violation of section 132D-14.5: (A) If the total weight of the aerial devices, display fireworks, or articles pyrotechnic is twenty-five pounds or more, shall be guilty of a class C felony; or (B) If the total weight of the aerial devices, display fireworks, or articles pyrotechnic is less than twenty-five pounds, shall be guilty of a misdemeanor; (3) Who transfers or sells aerial devices, display fireworks, or articles pyrotechnic to a person who does not have a valid permit under sections 132D-10 and 132D-16, shall be guilty of a class C felony; and (4) Who removes or extracts the pyrotechnic contents from any fireworks or articles pyrotechnic and uses the contents to construct fireworks, articles pyrotechnic, or a fireworks or articles pyrotechnic related device shall be guilty of a misdemeanor. (b) Except as provided in subsection (a) or as otherwise specifically provided for in this chapter, any person violating any other provision of this chapter, shall be fined [no] not more than $5,000 for each violation. Notwithstanding any provision to the contrary in this section, any person violating section 132D-14.5 shall be fined at least $500 and [no] not more than $5,000. (c) The court shall collect the fines imposed in subsections (a) and (b) for violating this chapter and, of the fines collected, shall pay twenty per cent to the State and eighty per cent to the county in which the fine was imposed which shall be expended by the county for law enforcement purposes. (d) Notwithstanding any penalty set forth herein, violations of subsection (a)(1) or (3) may be subject to nuisance abatement proceedings provided in part V of chapter 712. (e) For the purposes of this section, each type of prohibited fireworks imported, purchased, possessed, ignited, or discharged shall constitute a separate violation for each unopened case and a separate violation for each separate firework that is not part of an unopened case." SECTION 5. Section 132D-20, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) This chapter shall be enforced by each county[.] or the department of law enforcement. The counties, the department of law enforcement, or both are authorized to enforce and administer the provisions of this chapter." SECTION 6. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that: (1) The appropriation made in this Act is necessary to serve the public interest; and (2) The appropriation made in this Act meets the needs addressed by this Act. SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,200,000 or so much thereof as may be necessary for fiscal year 2024-2025 to carry out the purposes of this Act, including continued operation of the illegal fireworks task force established by Act 67, Session Laws of Hawaii 2023, and reimbursement of funds to law enforcement agencies for task-force related law enforcement operations, including law enforcement personnel, overtime and other salary-related payments, charges for fuel, equipment, and storage and disposal of confiscated fireworks. The sum appropriated shall be expended by the department of law enforcement for the purposes of this Act. SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 10. This Act shall take effect on July 1, 2024. INTRODUCED BY: _____________________________
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4949 SECTION 1. Act 67, Session laws of Hawaii 2023, created the illegal fireworks task force to plan, coordinate, and engage in law enforcement operations to prohibit illegal fireworks. The legislature finds that additional provisions are needed for the ability of county and state agencies to address the illegal use of fireworks in Hawaii.
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5151 SECTION 2. Chapter 132D, Hawaii Revised Statutes, is amended by adding six new sections to be appropriately designated and to read as follows:
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5353 "§132D- Entry for examination; obstructing law enforcement or fire department operations; penalty. Every officer having police power and every county fire department officer may, at all reasonable times, and at any time whatsoever if there is any reasonable ground for suspicion that the conditions of any license or permit are being violated, without warrant enter into and upon any licensee or permittee premises and inspect the same and every part thereof, and any books or records therein, to ascertain whether or not all conditions of the license or permit and all provisions of this chapter are being complied with by the licensee or permittee.
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5555 If any officer, or any person called by the officer to the officer's aid, is threatened with the use of violence, force, or physical interference or obstacle, or is hindered, obstructed, or prevented by any licensee, permittee, the licensee's or permittee's employees, or any other person from entering into the license's or permittee's premises, or whenever any officer is by any licensee or permittee, the licensee's or permittee's employees, or any other person opposed, obstructed, or molested in the performance of the officer's duty in any respect, the licensee, permittee, the licensee's or permittee's employee, or any other person shall be guilty of a misdemeanor.
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5757 Whenever any officer, having demanded admittance into any licensee's or permittee's premises and declared the officer's name and office, is not admitted by the licensee, or permittee, or the person in charge of the premises, it shall be lawful for the officer to forcibly and in any manner to break into and enter the premises.
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5959 §132D- Administrative inspections. (a) The director of law enforcement or any of the director's designees may make administrative inspections of controlled premises upon presenting appropriate credentials to the registrant or persons subject to this section or their agents in accordance with the following provisions:
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6161 (1) Inspections shall be at reasonable times and within reasonable limits and in a reasonable manner of controlled premises and vehicles in which persons licensed or permitted under this chapter are permitted to hold, store, transport, sell, possess, or otherwise dispose of any fireworks and articles pyrotechnic to determine if this chapter is being violated;
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6363 (2) The director of law enforcement or any of the directors designees shall have access to and may copy any and all records, books, logs, or documents pertaining to the holding, storing, transporting, selling, processing, or selling of fireworks or articles pyrotechnic designated under this chapter without a warrant; and
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6565 (3) The director of law enforcement or any of the director's agents may inventory any stock of any fireworks or articles pyrotechnic designated under this chapter and secure samples or specimens of any fireworks, or any articles pyrotechnic not seized as evidence by paying or offering to pay for the sample. The administrator shall make or cause to be made examinations of samples secured under this section to determine whether this chapter is being violated.
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6767 (b) For purposes of this section, "controlled premises" means:
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6969 (1) Places where persons licensed or permitted under this chapter are required to keep records; and
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7171 (2) Places, including factories, warehouses, establishments, businesses, storefronts, and conveyances in which persons licensed under this chapter are permitted to hold, store, transport, sell, possess, or otherwise dispose or any fireworks and articles pyrotechnic.
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7373 §132D- Records of licensees and permittees. (a) Persons licensed or permitted to hold, store, transport, sell, possess, or otherwise dispose of any fireworks and articles pyrotechnic shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of this chapter.
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7575 (b) Every licensee and permittee shall keep a record of all fireworks and articles pyrotechnic received, imported, held, distributed, sold, possessed, or disposed of, showing the amounts received, imported, held, distributed, sold, possessed, or disposed of for a period of five years.
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7777 (c) Records shall be maintained separately in a file, logbook, or electronic data that is readily accessible by the licensee or permittee.
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7979 (d) All records pertaining to the receipt, importation, storage, distribution, sale, possession, and disposal of fireworks and articles pyrotechnic shall be produced and made available upon request by the director of law enforcement or the county fire chiefs, or their designees.
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8181 §132D- Mandatory reporting. (a) Notwithstanding any other law concerning confidentiality to the contrary, the holder of a license or permit issued under this chapter who, in the holder's professional or official capacity, has reason to believe that fireworks or articles pyrotechnic in the holder's inventory have been stolen, embezzled, or otherwise obtained by fraud or diversion, shall immediately report the matter verbally to the director of law enforcement and the county fire chief.
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8383 (b) The holder of a license or permit under this chapter shall submit a written report to the director of law enforcement and the county fire chief of the county in which the holder of the license or permit resides or conducts business as soon as practicable following the verbal report. The written report shall contain:
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8585 (1) The name and address of the suspected perpetrator, if known;
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8787 (2) The nature and extent of the theft, embezzlement, fraud, or diversion; and
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8989 (3) Any other information that the reporter believes might be helpful or relevant to the investigation of the theft, embezzlement, fraud, or diversion.
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9191 (c) Any person subject to subsection (a), upon demand of the director of law enforcement or the country fire chief of the county in which the holder of the license or permit resides or conducts business, shall provide all information related to the alleged incident of theft, embezzlement, fraud, or diversion, including but not limited to records, reports, and any image, film, video, or other electronic medium, that was not included in the written report submitted pursuant to subsection (b).
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9393 (d) This section shall not be construed to provide a basis for a cause of action against the director of law enforcement or the country fire chief or their departments.
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9595 (e) Any person subject to this section who knowingly prevents another person from reporting as required by this section, or who knowingly fails to provide information as required by this section, shall be guilty of a misdemeanor.
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9797 §132D- Disposal of confiscated fireworks. A county fire department or law enforcement agency that confiscates prohibited fireworks pursuant to enforcement of this chapter may safely destroy or dispose of the confiscated fireworks; provided that the law enforcement agency shall retain a sample of each type of confiscated fireworks for evidentiary purposes.
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9999 §132D- Storage and disposal fine. In any administrative, civil, or criminal action, following notice and an opportunity for hearing, the agency or court shall hold liable any party in violation of this chapter and from whom fireworks were confiscated, seized, or otherwise taken into custody by the state or county agency or agencies for the total amount of the costs incurred by the agency or agencies for the storage and disposal of the confiscated or seized fireworks. An administrative, civil, or criminal order to pay a storage and disposal fine may be collected in the same manner as a civil action. An agency or agencies may collect the full amount of the storage and disposal fine together with any costs, interest, and attorney's fees incurred in any action to enforce the order to pay a storage and disposal fine."
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101101 SECTION 3. Section 132D-8.6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
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103103 "(b) The department of law enforcement or 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 department of law enforcement or the fire department, shall be allowed to inspect, if it chooses, any shipment declared on the shipping manifest as fireworks or articles pyrotechnic[.] or any facility in which fireworks or articles pyrotechnic are to be stored."
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105105 SECTION 4. Section 132D-14, Hawaii Revised Statutes, is amended to read as follows:
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107107 "§132D-14 Penalty. (a) Any person:
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109109 (1) Importing aerial devices, display fireworks, or articles pyrotechnic without having a valid license under section 132D-7 shall be guilty of a class C felony;
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111111 (2) Purchasing, possessing, setting off, igniting, or discharging aerial devices, display fireworks, or articles pyrotechnic without a valid permit under sections 132D-10 and 132D-16, or storing, selling, or possessing aerial devices, display fireworks, or articles pyrotechnic without a valid license under section 132D-7, or allowing an individual to possess, set off, ignite, discharge, or otherwise cause to explode any aerial device in violation of section 132D-14.5:
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113113 (A) If the total weight of the aerial devices, display fireworks, or articles pyrotechnic is twenty-five pounds or more, shall be guilty of a class C felony; or
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115115 (B) If the total weight of the aerial devices, display fireworks, or articles pyrotechnic is less than twenty-five pounds, shall be guilty of a misdemeanor;
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117117 (3) Who transfers or sells aerial devices, display fireworks, or articles pyrotechnic to a person who does not have a valid permit under sections 132D-10 and 132D-16, shall be guilty of a class C felony; and
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119119 (4) Who removes or extracts the pyrotechnic contents from any fireworks or articles pyrotechnic and uses the contents to construct fireworks, articles pyrotechnic, or a fireworks or articles pyrotechnic related device shall be guilty of a misdemeanor.
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121121 (b) Except as provided in subsection (a) or as otherwise specifically provided for in this chapter, any person violating any other provision of this chapter, shall be fined [no] not more than $5,000 for each violation. Notwithstanding any provision to the contrary in this section, any person violating section 132D-14.5 shall be fined at least $500 and [no] not more than $5,000.
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123123 (c) The court shall collect the fines imposed in subsections (a) and (b) for violating this chapter and, of the fines collected, shall pay twenty per cent to the State and eighty per cent to the county in which the fine was imposed which shall be expended by the county for law enforcement purposes.
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125125 (d) Notwithstanding any penalty set forth herein, violations of subsection (a)(1) or (3) may be subject to nuisance abatement proceedings provided in part V of chapter 712.
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127127 (e) For the purposes of this section, each type of prohibited fireworks imported, purchased, possessed, ignited, or discharged shall constitute a separate violation for each unopened case and a separate violation for each separate firework that is not part of an unopened case."
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129129 SECTION 5. Section 132D-20, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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131131 "(a) This chapter shall be enforced by each county[.] or the department of law enforcement. The counties, the department of law enforcement, or both are authorized to enforce and administer the provisions of this chapter."
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133133 SECTION 6. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that:
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135135 (1) The appropriation made in this Act is necessary to serve the public interest; and
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137137 (2) The appropriation made in this Act meets the needs addressed by this Act.
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139139 SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,200,000 or so much thereof as may be necessary for fiscal year 2024-2025 to carry out the purposes of this Act, including continued operation of the illegal fireworks task force established by Act 67, Session Laws of Hawaii 2023, and reimbursement of funds to law enforcement agencies for task-force related law enforcement operations, including law enforcement personnel, overtime and other salary-related payments, charges for fuel, equipment, and storage and disposal of confiscated fireworks.
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141141 The sum appropriated shall be expended by the department of law enforcement for the purposes of this Act.
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143143 SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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145145 SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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147147 SECTION 10. This Act shall take effect on July 1, 2024.
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151151 INTRODUCED BY: _____________________________
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153153 INTRODUCED BY:
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155155 _____________________________
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161161 Report Title: DLE; Illegal Fireworks; Task Force; Expenditure Ceiling; Appropriation Description: Establishes jurisdiction for the Department of Law Enforcement over enforcement of chapter 132D, HRS, relating to illegal fireworks. Establishes provisions for police and fire officers to enter premises and for the Director of Law Enforcement to inspect premises. Requires license and permit holders to maintain records and report instances of illegality in relation to fireworks. Declares that the general fund expenditure ceiling is exceeded. Makes an appropriation. 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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169169 Report Title:
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171171 DLE; Illegal Fireworks; Task Force; Expenditure Ceiling; Appropriation
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175175 Description:
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177177 Establishes jurisdiction for the Department of Law Enforcement over enforcement of chapter 132D, HRS, relating to illegal fireworks. Establishes provisions for police and fire officers to enter premises and for the Director of Law Enforcement to inspect premises. Requires license and permit holders to maintain records and report instances of illegality in relation to fireworks. Declares that the general fund expenditure ceiling is exceeded. Makes an appropriation.
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185185 The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.