Bill Text: HI SB268 | 2019 | Regular Session | Introduced
Bill Title: Relating To Fireworks.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2019-01-22 - Referred to PSM, JDC. [SB268 Detail]
Download: Hawaii-2019-SB268-Introduced.html
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THE SENATE |
S.B. NO. |
268 |
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THIRTIETH LEGISLATURE, 2019 |
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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- Liability of property owner. Any resident of a dwelling
who knowingly allows an individual to possess, set
off, ignite, or otherwise cause to explode any aerial device while on the
property where the dwelling is located shall be deemed to be in violation of
this chapter and shall be subject to the penalties thereunder."
SECTION 2. Section 132D-2, Hawaii Revised Statutes, is amended as follows:
1.
By amending the definitions of "aerial device", "articles
pyrotechnic", and "consumer fireworks" to read:
""Aerial device" means any
fireworks [containing one hundred thirty milligrams or less of explosive
materials] that produces an audible or visible effect and is designed to rise
into the air and explode or detonate in the air or to fly about above the
ground, and that is prohibited for use by any person who does not have a permit
for display issued by a county under section 132D-16. ["Aerial devices" classified as
fireworks under UN0336 and UN0337 by the United States Department of
Transportation as set forth in Title 49 Code of Federal Regulations include
firework items commonly known as bottle
rockets, sky rockets, missile-type rockets, helicopters, torpedoes, daygo
bombs, roman candles, flying pigs, and jumping jacks that move about the ground
farther than a circle with a radius of twelve feet as measured from the point
where the item was placed and ignited, aerial shells, and mines.]
"Articles
pyrotechnic" means pyrotechnic devices for professional use similar to
consumer fireworks in chemical composition and construction but not intended
for consumer use that meet the weight limits for consumer fireworks but are not
labeled as such[, and that are classified as UN0431 or UN0432 by the United
States Department of Transportation].
"Consumer fireworks" means any
fireworks designed primarily for retail sale to the public during authorized
dates and times, that produces visible or audible effects by combustion, and
that is designed to remain on or near the
ground and, while stationary or spinning rapidly on or near the ground, emits
smoke, a shower of colored sparks, whistling effects, flitter sparks, or balls
of colored sparks, and includes combination items that contain one or more of
these effects. ["Consumer
fireworks" shall comply with the construction, chemical composition, and
labeling regulations of the United States Consumer Product Safety Commission as
set forth in Title 16 Code of Federal Regulations and fireworks classified as
UN0336 and UN0337 by the United States Department of Transportation as set
forth in Title 49 Code of Federal Regulations.] "Consumer fireworks" include
firework items commonly known as firecrackers that are single paper cylinders
not exceeding one and one-half inches in length excluding the fuse and
one-quarter of an inch in diameter and
contain a charge of not more than fifty milligrams of pyrotechnic composition,
snakes, sparklers, fountains, and cylindrical or cone fountains that emit
effects up to a height not greater than twelve feet above the ground,
illuminating torches, bamboo cannons, whistles, toy smoke devices, wheels, and
ground spinners that when ignited remain within a circle with a radius of
twelve feet as measured from the point where the item was placed and ignited,
novelty or trick items, combination items, and other fireworks of like
construction that are designed to produce the same or similar effects."
2.
By amending the definitions of "display fireworks" and
"fireworks" to read:
""Display fireworks" means
any fireworks designed primarily for exhibition display by producing visible or
audible effects [and classified as display fireworks or contained in the
regulations of the United States Department of Transportation and designated as
UN0333, UN0334, or UN0335, and includes salutes containing more than two grains
(one hundred and thirty milligrams) of explosive materials, aerial shells
containing more than forty grams of pyrotechnic compositions, and other display
pieces which exceed the limits of explosive materials for classification as
"consumer fireworks". This
term also includes fused setpieces containing components, which together exceed
fifty milligrams of salute power].
The use of display fireworks shall be prohibited for use by any person
who does not have a display permit issued by a county.
"Fireworks" means any combustible
or explosive composition, or any substance or combination of substances, or
article prepared for the purpose of producing a visible or audible effect by
combustion, explosion, deflagration, or detonation and that meets the
definition of aerial device or consumer or display fireworks as defined by this
section [and contained in the regulations of the United States Department of
Transportation as set forth in Title 49 Code of Federal Regulations]. The term "fireworks" shall not
include any explosives or pyrotechnics regulated under chapter 396 or
automotive safety flares, nor shall the term be construed to include toy
pistols, toy cannons, toy guns, party poppers, pop-its, or other devices which
contain twenty-five hundredths of a grain or less of explosive substance."
SECTION 3. Section 132D-20, Hawaii Revised Statutes, is amended to read as follows:
"§132D-20 Enforcement[.]; probable cause for
arrest. (a) This chapter shall be enforced by each
county. The counties are authorized to
enforce and administer the provisions of this chapter.
(b) Arrests for offenses under this chapter or
under a county fireworks ordinance shall be made in compliance with chapter
803. Probable cause for the arrests may
be established based on:
(1) Statements from
individuals who witnessed the offense, even if those individuals are not law
enforcement officers; and
(2) Photographs,
video recordings, or other recordings that show the commission of the offense
and can be authenticated by one or more witnesses."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Fireworks; Arrests; Probable Cause
Description:
Allows probable cause for fireworks offenses to be established from statements from witnesses and photographs, video, and other recordings authenticated by witnesses. Simplifies definitions of aerial device, articles pyrotechnics, consumer fireworks, display fireworks, and fireworks. Establishes offense applicable to property residents for aerial devices possessed or set off on their property by others.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
