HB2819

SECTION 1. Section 132D-5, Hawaii Revised Statutes, is amended to read as follows:

"§132D‑5 General prohibitions. (a) It shall be unlawful for any person without a permit to:

(1) Remove or extract the pyrotechnic contents from any fireworks;

(2) Throw any ignited fireworks from a moving vehicle; or

(3) Set off, ignite, discharge, or otherwise cause to explode any fireworks:

(A) At any time not within the periods for use prescribed in section 132D-3, unless permitted pursuant to section 132D-10;

(B) Within one thousand feet from any operating hospital, convalescent home, home for the elderly, or animal hospital;

(C) In any school building, or on any school grounds and yards without first obtaining authorization from appropriate school officials;

(D) On any highway, alley, street, sidewalk, or other public way; in any park; within fifty feet from a canefield; or within one thousand feet from any building used for public worship during the periods when services are held; except as may be permitted pursuant to section 132D‑10; and

(E) Within five hundred feet from any hotel.

(b) It shall be unlawful to purchase consumer fireworks more than five calendar days before the time periods for permissible use under section 132D-3.

(c) It shall be unlawful to sell consumer fireworks after 12:01 a.m. on New Year's Day, 6:00 p.m. on Chinese New Year's Day, and 8:00 p.m. on the Fourth of July.

(d) It shall be unlawful to openly possess any consumer fireworks, regardless of whether a permit is required to purchase or ignite the consumer fireworks, other than during the periods for use prescribed in section 132D-3. For purposes of this subsection, "openly possess" means to possess consumer fireworks, in an open area outside of a structure, that have been removed from the package in which they were sold, and that are ready to ignite."

SECTION 2. Section 132D-14, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any person:

(1) Importing aerial devices, display fireworks, or articles pyrotechnic without having a valid license under section 132D‑7 shall be guilty of a class C felony;

(2) Purchasing, possessing, setting off, igniting, or discharging aerial devices, display fireworks, or articles pyrotechnic without a valid permit under sections 132D‑10 and 132D‑16, or storing, selling, or possessing aerial devices, display fireworks, or articles pyrotechnic without a valid license under section 132D-7:

(A) If the total weight of the aerial devices, display fireworks, or articles pyrotechnic is twenty-five pounds or more, shall be guilty of a class C felony; or

(B) If the total weight of the aerial devices, display fireworks, or articles pyrotechnic is less than twenty‑five pounds, shall be guilty of a misdemeanor;

(3) Who transfers or sells aerial devices, display fireworks, or articles pyrotechnic to a person who does not have a valid permit under sections 132D‑10 and 132D‑16, shall be guilty of a class C felony; [~~and~~]

(4) Who removes or extracts the pyrotechnic contents from any fireworks or articles pyrotechnic and uses the contents to construct fireworks, articles pyrotechnic, or a fireworks or articles pyrotechnic related device shall be guilty of a misdemeanor[.]; and

(5) Who openly possesses consumer fireworks in violation of section 132D-5(d) shall be guilty of a petty misdemeanor."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2819
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII