Report Title:

Fireworks

Description:

Allows for the forfeiture of vehicles or property used in the sale or setting off of illegal fireworks.

HOUSE OF REPRESENTATIVES	H.B. NO.	3027
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to fireworks.

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

     SECTION 1.  Section 132D-14, Hawaii Revised Statutes, is amended to read as follows:

     "§132D-14  Penalty.  (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.

(b)  Any property or premises on which a violation of subsection (a)(2)(A) occurs may be ordered forfeited to the State subject to the requirements of chapter 712A;

(c)  Any vehicle, vessel, or aircraft used in a violation of subsection (a)(3) may be ordered forfeited to the State subject to the requirements of chapter 712A if the total weight of the aerial devices, display fireworks, or articles pyrotechnic is twenty-five pounds or more.

     [(b)](d)  Except as provided in subsection (a) or as otherwise specifically provided for in this chapter, any person violating any other provision of this chapter, shall be fined not more than $2,000 for each violation.

     [(c)](e)  The court shall collect the fines imposed in subsections (a) and [(b)](d) for violating this chapter and of the fines collected shall pay twenty per cent to the State and eighty per cent to the county in which the fine was imposed which shall be expended by the county for law enforcement purposes.

(f)  Any premises or property forfeited under subsection (b) or vehicle, vessel, or aircraft forfeited under subsection (c) shall be sold and all proceeds from the sale of the premises, property, vehicle, vessel, or aircraft shall be paid to the county in which the violation occurred which shall be expended by the county for law enforcement purposes."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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