HB809 HD1

SECTION 1. The legislature finds that, in an effort to address the problem of illegal fireworks, the legislature passed Act 170, Session Laws of Hawaii 2010, which established the illegal fireworks task force to develop strategies and make recommendations to address the illegal importation and use of fireworks in the State. Among other things, 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 legislature understands this is a complex issue that will require collaboration from many people and agencies. The intent of this Act is not to attempt to change or diminish the job duties of department of transportation employees who currently have inspection responsibilities, nor is it attempting to interfere with existing collective bargaining agreements. The legislature finds it is important to safeguard the health and safety of those in Hawaii. The use of illegal fireworks often leads to serious, permanent bodily injury or death and causes stress and anxiety for those living with post-traumatic stress disorder.

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, including the use of explosive-sniffing dogs to inspect the containers; and

(2) Appropriating funds for the effective detection, safe storage, and disposal of illegal fireworks.

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

"§266‑ Shipping container inspection program. (a) The department of public safety, in collaboration with the department of transportation, and any other state or federal agencies, including any of the United States armed services, and private organizations involved with shipping cargo into the State, shall develop and implement a program to randomly inspect shipping containers arriving in the State for illegal fireworks being brought into the State. The program shall begin no later than December 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 at a designated secure site and, if logistically necessary, located away from a commercial harbor;

(2) Prioritize resources toward high-risk containers over low-risk containers. For purposes of this paragraph, "low-risk container" means 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 determined to be in good standing by the department of commerce and consumer affairs;

(3) Inspect all shipping containers containing legal fireworks using personnel who are able to distinguish legal fireworks from illegal fireworks at a designated secure site and, if logistically necessary, located away from a commercial harbor; and

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

(c) All shipping companies or persons that cause a shipping container, crate, flat, or any type of container or vessel containing fireworks to be shipped by ocean-going cargo shall provide all shipping documents, including any invoices, bills of lading, waybills, certificates of origin, export or import licenses, packing list, insurance certificate, inspection certificates, or any other documents created for the shipment of fireworks, to the department of public safety before the ship leaves the port of departure. Any shipping company or person who fails to comply with this subsection shall be fined by the department of public safety no less than $10,000 for each violation.

(c) 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.

(d) Any container identified by the department of public safety as requiring additional inspection for possible illegal fireworks shall be inspected by the appropriate bargaining unit employees and shall not be performed by a contractor or subcontractor.

(e) The department of public safety may request funding from federal sources for homeland security and port security measures and work with the United States military to secure other funding sources for the purposes of the program.

(f) The department of public safety shall adopt rules in accordance with chapter 91 for the purposes of this section."

SECTION 3. No later than forty 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 $ 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. Act , Session Laws of Hawaii 2023, sections 2, 3, and 4 are amended by substituting the phrase "department of law enforcement", or similar term, wherever the phrase "department of public safety", or similar term, appears.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect on June 30, 3000; provided that:

(1) Section 4 of this Act shall take effect on June 30, 3000; and

(2) Section 5 shall take effect on June 30, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	809
THIRTY-SECOND LEGISLATURE, 2023		H.D. 1
STATE OF HAWAII