Bill Text: HI SB2052 | 2010 | Regular Session | Introduced
Bill Title: Fireworks; Permit Fees; Tax
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2010-03-03 - (H) Referred to TCI/PBS, JUD, FIN, referral sheet 36 [SB2052 Detail]
Download: Hawaii-2010-SB2052-Introduced.html
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THE SENATE |
S.B. NO. |
2052 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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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. 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) There is levied and assessed at the wholesale and retail levels on every sale of consumer fireworks made pursuant to this chapter, a fireworks surcharge equal to per cent of the amount collected from the sale.
Payment of the surcharge to the State shall be the responsibility of persons licensed under section 132D-7 who sell consumer fireworks.
(b) The department of taxation shall prescribe necessary forms and may adopt rules pursuant to chapter 91 to administer and effectuate this section."
SECTION 2. Section 132D-2, Hawaii Revised Statutes, is amended by amending the definition of "cultural" to read as follows:
""Cultural" means relating to
the arts, customs, traditions, mores, and history of all of the various ethnic
groups of Hawaii[.] and includes religious events held in the State."
SECTION 3. Section 132D-3, Hawaii Revised Statutes, is amended to read as follows:
"§132D-3 Permissible uses of consumer fireworks. Consumer fireworks may be set off, ignited, discharged, or otherwise caused to explode within the State only:
(1) From 9:00 p.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-10, Hawaii Revised Statutes, is amended to read as follows:
"§132D-10 Permits. (a) [A]
Except as provided in subsection (b), 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;] $50;
(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.]
$50.
(b) The purchase of more than $25 worth of consumer fireworks under paragraphs (1) or (3) shall require the payment of the following fees:
Fireworks purchase of: Fee:
More than $25, but less than $100 $100;
At least $100, but less than $150 $150;
At least $150, but less than $200 $200; and
$200 or more $500.
(c) Only one permit shall be issued per person under paragraphs (1) or (3) and the purchase of not more than five thousand individual consumer fireworks commonly known as firecrackers shall be allowed for each permit issued.
(d) Fees collected under this section shall be credited to the county that collected the fee."
SECTION 5. Section 132D-14, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(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 not more than [$2,000]
$10,000 for each violation.
(c) The court shall collect the fines imposed
in subsections (a) and (b) for violating this chapter and [of the] transfer
all 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.] into the general fund."
SECTION 6. (a) The state fire council shall conduct a study to determine the negative effects from the use of fireworks in the State. The study shall include the costs incurred by public agencies responding to fireworks incidents, especially during the new year's and the fourth of July holidays.
(b) The directors of finance of each county shall allocate funds collected under section 132D-10, Hawaii Revised Statutes, pursuant to an equitable formula devised by the state fire council to fund the study under subsection (a).
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.
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INTRODUCED BY: |
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Report Title:
Fireworks; State Fire Council; Surcharge
Description:
Increases the fee to purchase consumer fireworks. Generally, increases the penalty for fireworks violations. Transfers all proceeds collected from fireworks violations to the state. Requires a study on the negative effects of the use of fireworks in the State. Includes religious events in the definition of "cultural". Imposes a graduated fireworks fee system to discourage large purchases of fireworks.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
