THE SENATE	S.B. NO.	2052
TWENTY-FIFTH LEGISLATURE, 2010		S.D. 1
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-2, Hawaii Revised Statutes, is amended by amending the definition of "cultural" to read as follows:

     ""Cultural" means relating to the arts, customs, traditions, mores, and history of all of the various ethnic groups of Hawaii[.] and includes religious events held in the State."

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

"§132D-3  Permissible uses of consumer fireworks.  Consumer fireworks may be set off, ignited, discharged, or otherwise caused to explode within the State only:

     (1)  From 9:00 p.m. on New Year's Eve to 1:00 a.m. on New Year's Day; from 7:00 a.m. to 7:00 p.m. on Chinese New Year's Day; and from 1:00 p.m. to 9:00 p.m. on the Fourth of July; or

     (2)  From 9:00 a.m. to 9:00 p.m. as allowed by permit pursuant to section 132D-10 if the proposed cultural use is to occur at any time other than during the periods prescribed in paragraph (1)[;

provided that the purchase of not more than five thousand individual consumer fireworks commonly known as firecrackers shall be allowed under each permit]."

     SECTION 3.  Section 132D-10, Hawaii Revised Statutes, is amended to read as follows:

"§132D-10  Permits. (a)  [A] Except as provided in subsection (b), a permit shall be required for the purchase and use of:

     (1)  Any consumer fireworks [commonly known as firecrackers] upon payment of a fee of [$25;] $  ;

     (2)  Any aerial devices, display fireworks, or articles pyrotechnic for the purposes of section 132D-16 upon payment of a fee of [$110;] $___; and

     (3)  Any consumer fireworks for the purposes of section 132D-5 or for cultural uses that occur at any time other than during the periods prescribed in section 132D-3(1) upon a payment of a fee of [$25.] $  .

(b)  The purchase of more than $25 worth of consumer fireworks under paragraphs (1) or (3) shall require the payment of the following surcharge fees:

Fireworks purchase of: Fee:

More than $25, but less than $100 $   ;

At least $100, but less than $150 $   ;

At least $150, but less than $200 $   ; and

$200 or more $   .

(c)  Only one permit shall be issued per person under subsection (a)(1) or (a)(3) and the purchase of not more than five thousand individual consumer fireworks commonly known as firecrackers shall be allowed for each permit issued.

(d)  Fees collected under this section shall be credited to the county that collected the fee to defray expenses associated with enforcement of this chapter."

     SECTION 4.  Section 132D-14, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

     "(b)  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] $10,000 for each violation.

     (c)  The court shall collect the fines imposed in subsections (a) and (b) for violating this chapter and [of the] transfer all 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.] into the general fund."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2050.

Report Title:

Fireworks; Permit Fees

Description:

Clarifies definition of "cultural" to include religious events held in the State.  Increases fireworks permit fees.  Dedicates fireworks permit fees to counties for law enforcement purposes.  Increases fines for violation.  Effective 7/1/2050.  (SD1)

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