THE SENATE	S.B. NO.	2947
THIRTIETH LEGISLATURE, 2020
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-   Civil penalty. (a) Notwithstanding any law to the contrary, any person who violates this chapter shall be subject to a civil penalty.

(b) When determining any civil penalty under this section, the court of competent jurisdiction may assume the expectation of non-disturbance by an illegal act and may take the following into consideration:

(1) The date of the violation, including whether the violation occurred on or near a holiday or celebration;

(2) Time of day of the violation;

(3) The location of the violation;

(4) Any harm to a person or damage to property resulting from the violation, including the extent of the harm or damage; and

(5) Type of aerial devices, display fireworks, or articles pyrotechnic discharged.

(c) For any alleged violation under this section, the presence of any paraphernalia necessary to the discharge of aerial devices, display fireworks, or articles pyrotechnic on premises controlled by the alleged violator shall create a rebuttable presumption that the person in possession of the paraphernalia did discharge such devices.

(d) For any alleged violation under this section, a valid police report shall create a rebuttable presumption that the information therein is true and correct for purposes of this section."

SECTION 2. New statutory material is underscored.

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

INTRODUCED BY:

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Report Title:

Fireworks; Civil Penalties; Presumption

Description:

Imposes civil penalties for violations related to possession and use of fireworks. Creates a rebuttal presumption of use of fireworks when firework paraphernalia is in possession of the alleged violator.

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