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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2193 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO FIREWORKS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The purpose of this Act is to amend the State's Fireworks Control Law to:
(1) Authorize officers with police powers and every county fire department officer to enter into and inspect the premises of a licensee or permittee for compliance with the Fireworks Control Law and establish penalties for hindering an officer;
(2) Establish procedures for the department of law enforcement to conduct administrative inspections of controlled premises;
(3) Require licensees and permittees who hold, store, transport, sell, possess, or otherwise dispose of fireworks and articles pyrotechnic to keep records and maintain inventories;
(4) Require licensees and permittees to report to the director of law enforcement and appropriate county fire chief if they have reason to believe fireworks or articles pyrotechnic were stolen, embezzled, or otherwise obtained by fraud or diversion;
(5) Authorize a law enforcement agency or county fire department to safely dispose of confiscated fireworks and articles pyrotechnic;
(6) Require violators to be held liable for storage and disposal costs;
(7) Specify that each type of prohibited firework constitutes a separate violation; and
(8) Authorize the department of law enforcement, in addition to the counties, to enforce the Fireworks Control Law.
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 onto premises; inspection of premises,
books, and records; obstructing law enforcement or fire department operations;
penalty. (a) Any law enforcement or fire officer may at
reasonable hours enter and inspect the premises of a licensee or permittee and
any books or records therein to verify compliance with this chapter and the conditions
of the license or permit.
(b) Upon a request by any law enforcement or fire
officer to enter and inspect the premises of a licensee or permittee at reasonable
hours, the licensee, permittee, or employee of the licensee or permittee shall
make available for immediate inspection and examination the premises and all
the relevant books and records therein.
(c) Any licensee or permittee who refuses entry
or access to an officer to the premises of the licensee or permittee shall be
found in violation of the conditions of the license or permit and the license
or permit shall be suspended or revoked by the issuing department after a hearing,
for violation of any license or permit requirement or condition or any provision
of this chapter or rule adopted thereunder.
Any order made by the issuing department for the suspension or revocation
of a license or permit shall be in writing and shall set forth the reasons for
the suspension or revocation. The action
of the issuing department in suspending or revoking a license or permit may be
reviewed in the manner provided in chapter 91.
The department that issued the license or permit shall provide the
licensee or permittee with a written notice and order describing the basis for
the suspension or revocation. Any person
aggrieved by the suspension or revocation determination may request a contested
case hearing pursuant to chapter 91.
To request a contested case hearing, the person shall submit a
written request to the department that issued the license or permit within
thirty calendar days of the date of the notice and order of the suspension or revocation. Appeal to the circuit court under section
91-14, or any other applicable statute, shall only be taken from the issuing
department's final order pursuant to a contested case.
(d) Any licensee, permittee, employee of a
licensee or permittee, or other person who:
(1) Threatens with the use of violence,
force, or physical interference or obstacle, or hinders, obstructs, or prevents
any law enforcement or fire officer, or any person called by a law enforcement
or fire officer to the officer's aid, from entering into the premises of a
licensee or permittee; or
(2) Opposes, obstructs, or molests a law
enforcement or fire officer in the performance of the officer's duty to enforce
this chapter in any respect,
shall be
guilty of a misdemeanor, punishable by a fine of no more than $2,000 or
imprisonment for no more than one year, or both.
(e) Whenever any law enforcement or fire officer,
having demanded admittance into the premises of a licensee or permittee and
declared the officer's name and office, is not admitted by the licensee,
permittee, or person in charge of the premises, the officer may use force to
enter the premises.
(f) For purposes of this section, "premises
of a licensee or permittee" does not include the licensee's or permittee's
private residences that are dwellings considered to be a person's home,
including a single family house, apartment unit, condominium, townhouse, or cooperative
unit.
§132D- Administrative inspections; controlled
premises. (a) The director or the director's designee may
conduct administrative inspections of controlled premises upon presenting appropriate
credentials to the licensee, permittee, persons subject to this chapter, or
their agents in accordance with the following:
(1) Inspections of controlled premises shall
be at reasonable times, within reasonable limits, and in a reasonable manner to
verify compliance with this chapter and the conditions of the license or
permit;
(2) The director or the director's
designee shall have access to, and may copy, any and all records, books, logs,
or documents pertaining to the holding, storage, transportation, sale, possession,
or disposition of fireworks or articles pyrotechnic regulated under this
chapter without a warrant;
(3) The director or the director's
designee may inventory the stock of any fireworks or articles pyrotechnic
regulated under this chapter and secure samples or specimens of any fireworks
or articles pyrotechnic not seized as evidence by paying for the sample or
specimen. The director or the director's
designee shall make or cause to be made examinations of samples or specimens secured
under this paragraph to verify compliance with this chapter or the conditions
of the license or permit; and
(4) The regulatory authority under this
chapter shall remain with the five county fire departments. The director or the director's designee
conducting these inspections are aiding the county fire departments'
enforcement of its regulatory authority.
(b) For purposes of this section,
"controlled premises" means a place where persons licensed or
permitted under this chapter are required to keep records and authorized to
hold, store, transport, sell, possess, or otherwise dispose of any fireworks
and articles pyrotechnic.
"Controlled premises" includes factories, warehouses,
establishments, businesses, storefronts, vehicles, and conveyances.
§132D- Recordkeeping requirements. (a)
A person with a license or permit issued under this chapter 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 that shows the amounts of
fireworks and articles pyrotechnic received, imported, held, distributed, sold,
possessed, or disposed of for five years.
(c) Records required under this section shall be
maintained separately in a file, log book, or electronic database 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, county fire chiefs, or their designees.
§132D- Mandatory reporting requirements. (a)
Notwithstanding any other law concerning confidentiality to the
contrary, a licensee or permittee who, in the licensee's or permittee's
professional or official capacity, has reason to believe that fireworks or
articles pyrotechnic in the licensee's or permittee's inventory have been
stolen, embezzled, or otherwise obtained by fraud or diversion shall
immediately make a verbal report of the matter to the director and county fire
chief of the county in which the licensee or permittee resides or conducts
business.
(b) The licensee or permittee shall submit a
written report to the director and county fire chief of the county in which the
licensee or permittee 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 licensee
or permittee believes may be helpful or relevant to the investigation of the
theft, embezzlement, fraud, or diversion.
(c) Upon demand of the director or county fire
chief of the county in which the licensee or permittee resides or conducts
business, any person subject to subsection (a) shall provide all information
related to the alleged incident of theft, embezzlement, fraud, or diversion, including
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, department of law
enforcement, county fire chief, or county fire departments.
(e) Any person subject to this section who
knowingly prevents another person from complying with the mandatory reporting requirements
of 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 and
articles pyrotechnic. A law
enforcement agency or county fire department that confiscates prohibited fireworks
or articles pyrotechnic pursuant to this chapter may safely destroy or dispose
of the confiscated fireworks and articles pyrotechnic; provided that the law
enforcement agency or county fire department shall retain a sample or specimen
of each type of confiscated firework or article pyrotechnic for evidentiary
purposes.
§132D- Storage and disposal fine. (a)
In any administrative, civil, or criminal action, following notice and an
opportunity for hearing, an agency or a court hearing the action shall hold liable
any party in violation of this chapter and from whom fireworks or articles
pyrotechnic 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 or articles pyrotechnic.
(b) An administrative or civil order to pay a storage and disposal fine may be collected in the same manner as a judgment in 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-2, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
""Director"
means the director of law enforcement.
"Law enforcement or fire officer" means any law enforcement officer having police power or county fire department officer, which includes firefighters."
SECTION 4. Section 132D-8, Hawaii Revised Statutes, is amended to read as follows:
"§132D-8 Application for license. (a)
All licenses required under section 132D-7 shall be issued by the county
and 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 proposed display event and related contact
information in a form prescribed by the applicable county. If the state fire council or county 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.
(b) Each storage, wholesaling, and retailing site
shall be required to obtain a separate license.
The license 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 storage, sale, or offers for sale are to
begin, the address of the location of the licensee, 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
name of its officers. Any license issued
pursuant to this chapter may be revoked by the county if the licensee violates
any provision of this chapter or if the licensee stores or handles the fireworks
in [such] a manner [as to present] that presents an
unreasonable safety hazard.
(c) Permanent and temporary fireworks storage
buildings or structures and buildings or facilities where redistribution
activities are performed shall comply with the currently adopted county
building or fire codes or the latest edition of nationally recognized
standards.
(d)
It shall be unlawful for any licensee, other than a wholesaler who is
selling or transferring fireworks or articles pyrotechnic to a licensed
retailer, to sell or offer to sell, exchange for consideration, give, transfer,
or donate any fireworks or articles pyrotechnic at any time to any person who
does not present a permit duly issued as required by section 132D-10 or
132D-16. The permit shall be signed by
the seller or transferor at the time of sale or transfer of the fireworks or
articles pyrotechnic, and the seller or transferor shall indicate on the permit
the amount and type of fireworks or articles pyrotechnic sold or
transferred. No person shall sell or
deliver fireworks to any permittee in any amount in excess of the amount
specified in the permit, less the amount shown on the permit to have been
previously purchased; provided that no fireworks shall be sold to a permittee
holding a permit issued for purposes of section 132D-3, more than five calendar
days before the applicable time period under section 132D-3.
(e) Aerial devices, display fireworks, or
articles pyrotechnic shall only be sold or transferred by a wholesaler to a
person with a valid permit under sections 132D-10 and 132D-16. No person with a valid permit under sections
132D-10 and 132D-16 shall sell or transfer aerial devices, display fireworks,
or articles pyrotechnic to any other person.
(f) Any license issued pursuant to this chapter
shall be prominently displayed in public view at each licensed location.
SECTION 5. Section 132D-8.6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The department of law enforcement or
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, 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 6. Section 132D-9, Hawaii Revised Statutes, is amended to read as follows:
"§132D-9
Application for permit. (a) The permit required under section 132D-10 or
132D-16 shall be issued by the county or its authorized designees and shall
be nontransferable. The county or its
authorized designees shall issue all permits for which complete applications
have been submitted and [which] that 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.
(b) Any permit issued pursuant to this chapter shall be prominently displayed in public view at the site.
(c) A permittee under this chapter shall be deemed to have consented to allow the director or the director's designee to inspect the premises of the permittee, except for private residences. If a permittee withdraws consent to inspect the premises of the permittee, the permit shall be revoked."
SECTION 7. 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 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 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, sold, possessed, set off, ignited,
or discharged shall constitute a separate violation for each unopened package,
and each separate firework imported, purchased, sold, possessed, set off, ignited,
or discharged shall be a separate violation if the package is opened or the
firework is not in a package.
(f) For the purposes of this section, "package":
(1) Means any aerial devices, display
fireworks, or articles pyrotechnic:
(A) Enclosed in a container or wrapped
in any manner in advance of wholesale or retail sale; and
(B) Whose weight or measure has been
determined in advance of wholesale or retail sale; and
(2) Does not mean:
(A) Inner wrappings not intended to be
individually sold to the customer;
(B) Shipping containers or wrapping used
solely for the transportation of any commodities in bulk or in quantity;
(C) Auxiliary containers or outer
wrappings used to deliver commodities if the containers or wrappings bear no
printed matter pertaining to any particular aerial devices, display fireworks,
or articles pyrotechnic;
(D) Containers used for retail tray pack
displays when the container itself is not intended to be sold; or
(E) Open carriers and transparent
wrappers or carriers for containers when the wrappers or carriers do not bear
printed matter pertaining to any particular aerial devices, display fireworks,
or articles pyrotechnic."
SECTION 8. Section 132D-20, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) This chapter shall be enforced by the department of law enforcement or each county. The department of law enforcement and counties, or both, are authorized to enforce and administer the provisions of this chapter."
SECTION 9. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect on July 1, 2042.
Report Title:
DLE; Fireworks Control Law; Illegal Fireworks; Task Force
Description:
Authorizes law enforcement and fire officers to enter and
inspect any licensee's or permittee's premises, under certain conditions, to verify
compliance with the State's Fireworks Control Law. Establishes procedures for the Department of Law
Enforcement to conduct administrative inspections of controlled premises. Requires certain licensees and permittees to
keep records and maintain inventories.
Requires licensees and permittees to report any stolen fireworks or
articles pyrotechnic. Authorizes a law
enforcement agency or county fire department to safely dispose confiscated
fireworks and articles pyrotechnic. Requires violators to be held liable for storage and
disposal costs. Specifies that each type of prohibited firework
constitutes a separate violation.
Authorizes the Department of Law Enforcement, in addition to the
counties, to enforce the Fireworks Control Law.
Takes effect 7/1/2042. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.