HB 608: RELATING TO FIREWORKS.

A BILL FOR AN ACT

RELATING TO FIREWORKS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature recognizes that 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 report also noted that the Kauai Fire Department "recommended that '[m]ore inspections of shipping containers' should be conducted".

     The legislature also recognizes that fireworks-related offenses occur all too often within the State, and often cause devastating physical harm to residents.  The legislature particularly notes the recent mass casualty incident in Salt Lake on Oahu, on December 31, 2024, in which fireworks killed at least four people and injured dozens more.  The legislature acknowledges the urgent need to eliminate the supply of illegal fireworks entering the State.

     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 inspect shipping containers arriving in the State for illegal fireworks and explosives, including the use of x-ray machines and 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;

     (3)  Amending the definitions of "aerial devices" and "fireworks" within state fireworks law; and

     (4)  Appropriating moneys.

     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 law enforcement, in collaboration with the department of defense and department of transportation; 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, 2025.

     (b)  The shipping container inspection program shall:

     (1)  Use x-ray machines to inspect each incoming shipping container;

     (2)  Use explosive-sniffing dogs as a secondary form of inspection of incoming shipping containers;

     (3)  Conduct each inspection in a non-active harbor, to avoid interfering with shipping operations in active harbor areas; and

     (4)  Balance safety concerns with commercial interests to avoid increases in consumer costs.

     (c)  Beginning July 1, 2025, 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 law enforcement shall coordinate and conduct the random inspection of shipping containers pursuant to this section.  The Hawaii national guard may be requested to assist in this effort.

     (e)  Any additional inspections shall be conducted by members of an appropriate bargaining unit who are subject to chapter 89, and not by individuals contracted or subcontracted by the department of law enforcement.

     (f)  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.

     (g)  Any contraband discovered during a shipping container inspection shall be investigated by a law enforcement agency.

     (h)  Any person who tampers with secure container seals shall be subject to a fine of not less than $     .

     (i)  The department of law enforcement 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.

     (j)  The department of law enforcement shall adopt rules pursuant to chapter 91 necessary 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.  Section 132D-2, Hawaii Revised Statutes, is amended as follows:

     1.  By amending the definition of "aerial device" 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.] or to emit flaming fireballs.  "Aerial devices" includes 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], as containing one hundred thirty milligrams or less of explosive materials, and that are 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."

     2.  By amending the definition of "fireworks" to read:

     ""Fireworks" means any combustible or explosive composition, or any substance or combination of substances, [or article prepared for the purpose of producing] designed to produce a visible or audible effect by combustion, explosion, deflagration, or detonation, and meets the definition of aerial device or consumer or display fireworks as defined by this section.  "Fireworks" includes any composition or device 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] similar devices [which contain twenty-five hundredths of a grain or less of explosive substance]."

     SECTION 4.  No later than twenty days prior to the convening of the regular sessions of 2026 and 2027, the department of law enforcement shall submit to the legislature a report 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 5.  There is appropriated out of the general revenues of the State of Hawaii the sum of $          or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for costs to establish and administer the shipping container inspection program, including the purchase of no less than     x-ray machines and the purchase, care, and handling of no less than two explosive-sniffing dogs.

     The sums appropriated shall be expended by the department of law enforcement for the purposes of this Act.

     SECTION 6.  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 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 2025.

Report Title:

Illegal Fireworks; Shipping Container Inspection Program; Special Fund; Fees; Fines; Appropriations

Description:

Establishes the shipping container inspection program and shipping container inspection program special fund.  Amends the definitions of "aerial devices" and "fireworks" within state fireworks law.  Requires reports to the Legislature on implementation of the shipping container inspection program.  Appropriates moneys.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.