RELATING TO FIREWORKS.

HB608

HOUSE OF REPRESENTATIVES

H.B. NO.

608

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO FIREWORKS
.

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

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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.

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Subsequently, p
ursuant 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".

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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.

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The
purpose of this Act is to address the illegal importation and use of fireworks
in the State by:

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(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;

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(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;

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

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(4)
�
Appropriating
moneys.

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SECTION
2.
�
Chapter 266, Hawaii Revised Statutes,
is amended by adding two new sections to be appropriately designated and to
read as follows:

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"
�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.

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(b)
�
The shipping container inspection program
shall:

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

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

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

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

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(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.

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(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.

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(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.

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(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.

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

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

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(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.

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(j)
�
The department of law
enforcement
shall adopt rules pursuant to chapter 91
necessary for the purposes of this section.

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�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:

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(1)
�
Appropriations by the legislature to the
special fund;

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(2)
�
Gifts, donations, and grants from public
agencies and private persons; and

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(3)
�
All proceeds collected by the department of
transportation from shipping container import fees under section 266-A(c).

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(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.
"

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SECTION
3
.
�
Section 132D-2, Hawaii Revised Statutes, is
amended as follows:

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1.
�
By amending the definition of "aerial
device" to read:

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""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."

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

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""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
]."

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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.

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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
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�
x-ray machines and the purchase, care, and
handling of no less than two explosive-sniffing dogs
.

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The sums

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

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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.

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

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

INTRODUCED BY:

_____________________________

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.