Bill Text: HI SB498 | 2023 | Regular Session | Amended
Bill Title: Relating To Fireworks.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Engrossed - Dead) 2023-03-09 - Referred to TRN, CPC, FIN , referral sheet 17 [SB498 Detail]
Download: Hawaii-2023-SB498-Amended.html
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THE SENATE |
S.B. NO. |
498 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 1 |
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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. To address the problem of illegal fireworks, Act 170, Session Laws of Hawaii 2010, established the illegal fireworks task force to develop strategies and make recommendations to the legislature to address the illegal importation and use of fireworks in the State. Among other recommendations, the task force recommended increasing random inspections for illegal fireworks by expanding inspection authority and focusing cargo inspections to make the inspections more manageable.
Subsequently, pursuant to Act 184, Session Laws of Hawaii 2019, the legislative reference bureau updated the findings and recommendations of the Report of the Illegal Fireworks Task Force to the Legislature for the Regular Session of 2011. The 2019 legislative reference bureau report, Blast From the Past: An Update to the Report of the Illegal Fireworks Task Force to the Legislature for the Regular Session of 2011, indicated that the "majority of respondents to the [Legislative Reference] Bureau's Survey appeared to agree that the issues and challenges presented by the Task Force in its 2011 report remain relevant today."
The purpose of this Act is to address the illegal importation and use of fireworks in the State by:
(1) Establishing a shipping container inspection program to randomly inspect shipping containers arriving in the State for illegal fireworks and explosives, including the use of explosive-sniffing dogs to inspect the containers;
(2) Creating the shipping container inspection program special fund to collect shipping container import fees established under this Act and appropriating funds for the shipping container inspection program; and
(3) Appropriating funds.
SECTION 2. Chapter 266, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§266-A Shipping
container inspection program. (a) The department of public safety, in
collaboration with the departments of defense and transportation, and any federal
agencies, including any of the United States armed services, state agencies,
and private organizations involved with shipping cargo into the State, shall
develop and implement a program to randomly inspect shipping containers
arriving in Honolulu for illegal fireworks and explosives smuggled into the
State. The program shall begin no later
than October 1, 2023.
(b) The shipping container inspection program
shall:
(1) Include the use
of explosive-sniffing dogs to inspect incoming shipping containers to the
greatest extent reasonable;
(2) Prioritize
resources toward high-risk containers over low-risk containers. For the purposes of this paragraph, "low-risk
container" includes shipping containers containing goods to be delivered
to the military, state or county agencies, and businesses registered to do
business in the State that are in good standing;
(3) Inspect all
shipping containers containing legal fireworks using personnel who are able to
distinguish legal fireworks from illegal fireworks; and
(4) Balance safety
concerns with commercial interests to avoid increases in consumer costs.
(c)
Beginning July 1, 2023, the department of transportation shall
assess a fee of $1 for each shipping container arriving in the State. All fees received by the department of
transportation pursuant to this subsection shall be deposited into the shipping
container inspection program special fund established under section 266-B.
(d) The department of public safety shall
coordinate and conduct the random inspection of shipping containers pursuant to
this section. The Hawaii national guard
may be utilized to assist in the random inspection of shipping containers.
(e) Any inspections conducted offsite shall be
conducted within twenty-four hours of initial arrival at the final container
drop-off location or in a non-active harbor area, subject to the director of
transportation's discretion.
(f) Any contraband discovered during a shipping
container inspection shall be investigated by a law enforcement agency.
(g) Any person who tampers with secure container
seals shall be subject to a fine of not less than
$ .
(h) The department of public safety may request
funding from the federal government for homeland security and port security measures
and work with the military to secure other funding sources for the purposes of
the program.
(i) The department of public safety shall adopt
rules in accordance with chapter 91 for the purposes of this section.
§266‑B Shipping container inspection program
special fund. (a) There is established in the state treasury
the shipping container inspection program special fund, into which shall be
deposited:
(1) Appropriations by the legislature to the special fund;
(2) Gifts, donations, and grants from public agencies and
private persons; and
(3) All proceeds collected by the department of transportation
from shipping container import fees under section 266-A(c).
(b) All moneys in the special fund shall be used
for support and administration of the shipping container inspection program
established under section 266-A."
SECTION 3. No later than twenty days prior to the convening of the regular sessions of 2024 and 2025, the department of public safety shall submit to the legislature reports on the implementation of the shipping container inspection program established pursuant to this Act. The reports shall include findings and recommendations, including costs expended to date, the estimated cost of operating the program, and any proposed legislation.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,000,000 or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for costs to establish and administer the shipping container inspection program, including the purchase, care, and handling of at least two explosive-sniffing dogs.
The sums appropriated shall be expended by the department of public safety for the purposes of this Act.
SECTION 5. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 6. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2050; provided that section 4 of this Act shall take effect on July 1, 2023.
Report Title:
Illegal Fireworks; Shipping Container Inspection Program; Special Fund; Fees; Fines; Appropriation
Description:
Establishes the Shipping Container Inspection Program and shipping container inspection program special fund. Requires reports to the Legislature on implementation of the Shipping Container Inspection Program. Appropriates funds. Effective 7/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
