HOUSE OF REPRESENTATIVES

H.B. NO.

2793

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO FIREWORKS.

 

 

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

 

     SECTION 1.  Chapter 132D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§132D-     Illegal fireworks reporting; reward program.  (a)  The counties shall establish a reward program for individuals who report violations of this chapter.

     (b)  Any person who reports a violation of this chapter to a state or county law enforcement authority may collect a reward if the reported violator is convicted of the violation and ordered by the court to pay a fine; provided that:

     (1)  The reward shall be up to $10,000; and

     (2)  Payment of the reward shall be made not later than thirty days after payment of the fine by the violator."

     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.] 8:00 a.m. to [7:00 p.m.] 9:00 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-8.6, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

     "(f)  Any person violating subsection (a), (c), or (d) shall be subject to the following for shipments of fireworks or articles pyrotechnic of:

     (1)  [Twenty-five] Three hundred pounds or less gross weight shall be a [petty] misdemeanor; provided that the fine shall be not less than $1,000 and not more than $2,000;

    [(2)  Over twenty-five pounds to three hundred pounds gross weight shall be a misdemeanor;

     (3)] (2)  Over three hundred pounds to ten thousand pounds gross weight shall be a class C felony; [and] provided that the fine shall be not less than $5,000 and not more than $10,000; and

    [(4)] (3)  More than ten thousand pounds gross weight shall be a class B felony[.]; provided that the fine shall be not less than $10,000 and not more than $25,000."

     SECTION 4.  Section 132D-14, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(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[;] and fined not less than $5,000 or more than $10,000;

     (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;] shall be guilty of a class C felony and fined not less than $5,000 or more than $10,000;

     (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 fined not less than $5,000 or more than $10,000; 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."

     2.  By amending subsection (c) to read:

     "(c)  The court shall collect the fines imposed [in subsections (a) and (b)] 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 a reward program and for law enforcement purposes."

     SECTION 5.  Section 132D-20, Hawaii Revised Statutes, is amended to read as follows:

     "§132D-20  Enforcement.  [This chapter shall be enforced by each county.]  The counties [are authorized to enforce and] shall administer the provisions of this chapter[.] relating to permits, licenses, and application and fees therefor.  The provisions of this chapter relating to prohibited conduct may be enforced by any state or county law enforcement officer."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Fireworks

 

Description:

Changes the period when fireworks may be legally used on Chinese New Year and clarifies certain fireworks penalties.  Also specifies that state law enforcement officers may enforce the fireworks law, increases the penalties for articles pyrotechnic shipments, and establishes an enforcement rewards and illegal fireworks reporting program.

 

 

 

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