HOUSE OF REPRESENTATIVES	H.B. NO.	1833
TWENTY-NINTH LEGISLATURE, 2018
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-    Liability of property owners. An owner or lessee of real property who knowingly permits a person on that property to possess, purchase, store, set off, ignite, or otherwise cause to explode any fireworks or articles pyrotechnic without a valid license or permit issued under this chapter shall be deemed to be in violation of this chapter and shall be subject to the penalties thereunder in addition to any other penalty provided by law."

     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 knowingly permits, on any real property owned or leased by the person, another person to possess, purchase, store, set off, ignite, or otherwise cause to explode any fireworks or articles pyrotechnic without a valid license or permit issued under this chapter shall be guilty of a misdemeanor and shall be subject to a fine of not less than $1,000 per offense in addition to any other penalty provided by law; provided that each violation shall constitute a separate offense."

     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:

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Report Title:

Fireworks; Property Owners; Prohibitions; Penalties; Liability

Description:

Prohibits a property owner to knowingly permit a person on the property to possess, purchase, store, or set off, any fireworks or articles pyrotechnic without a valid license or permit.  Establishes penalties.  Establishes property owner liability for fireworks violations on the property.

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