SB999

SECTION 1. The legislature finds that the illegal use, possession, and distribution of fireworks continues to endanger public safety, property, and the environment in the State. Despite existing laws and enforcement efforts, unauthorized fireworks persist, causing disturbances and posing significant risks to residents.

Accordingly, the purpose of this Act is to prohibit the sale and use of consumer fireworks and to establish civil penalties for violations of the prohibition.

SECTION 2. Chapter 132D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§132D- Firework forfeiture special fund; established. (a) There is established in the state treasury the firework forfeiture special fund to be administered by the department of law enforcement into which shall be deposited the proceeds collected pursuant to section 132D-14.

(b) The purpose of the special fund is to provide for community safety education programs."

SECTION 3. Section 132D-5, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) [It] Except as provided for in sections 132D-6 and 132D-7, it shall be unlawful to purchase, use, or sell consumer fireworks [~~more than five calendar days before the time periods for permissible use under section 132D-3~~].

[~~(c) It shall be unlawful to sell consumer fireworks after 12:01 a.m. on New Year's Day, 6:00 p.m. on Chinese New Year's Day, and 8:00 p.m. on the Fourth of July.~~]"

SECTION 4. Section 132D-8, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) It shall be unlawful for any licensee, other than a wholesaler who is selling or transferring fireworks or articles pyrotechnic to a licensed retailer, to sell or offer to sell, exchange for consideration, give, transfer, or donate any fireworks or articles pyrotechnic at any time to any person who does not present a permit duly issued as required by section 132D-10 or 132D-16. The permit shall be signed by the seller or transferor at the time of sale or transfer of the fireworks or articles pyrotechnic, and the seller or transferor shall indicate on the permit the amount and type of fireworks or articles pyrotechnic sold or transferred. No person shall sell or deliver fireworks to any permittee in any amount in excess of the amount specified in the permit, less the amount shown on the permit to have been previously purchased[~~; provided that no fireworks shall be sold to a permittee holding a permit issued for purposes of section 132D-3, more than five calendar days before the applicable time period under section 132D-3~~]."

SECTION 5. Section 132D-8.6, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) No person holding a retailer license to sell consumer fireworks shall be allowed to sell consumer fireworks [~~commonly known as firecrackers in a packet size larger than five thousand individual units. Any person violating this subsection shall be guilty of a misdemeanor.~~], except as provided for in sections 132D-6 and 132D-7."

SECTION 6. Section 132D-9, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The permit required under section 132D-10 or 132D-16 shall be issued by the county or its authorized designees and shall be nontransferable. The county or its authorized designees shall issue all permits for which complete applications have been submitted and that contain only correct information. The permit shall specify the date of issuance or effect and the date of expiration but in no case for a period to exceed one year. [~~The permit for the purchase of consumer fireworks for the purposes of section 132D-3 shall not allow purchase for more than one event as set forth in section 132D‑3.~~] The application shall be made on a form setting forth the dates for which the permit shall be valid, the location where the permitted activity is to occur, and the name of the proprietor or, if a partnership, the name of the partnership and the names of all partners or, if a corporation, the name of the corporation and the names of its officers. The permit application may be denied if the proposed use of fireworks or articles pyrotechnic presents a substantial inconvenience to the public or presents an unreasonable fire or safety hazard."

SECTION 7. Section 132D-10, Hawaii Revised Statutes, is amended to read as follows:

"§132D-10 Permits. 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)~~] (1) Any aerial devices, display fireworks, or articles pyrotechnic for the purposes of section 132D‑16 upon payment of a fee of $110; and

[~~(3)~~] (2) 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~~]."

SECTION 8. Section 132D-12, Hawaii Revised Statutes, is amended to read as follows:

"§132D-12 Sale to minors; sale by minors; prohibited. It shall be unlawful for any person to offer for sale, sell, or give any fireworks or articles pyrotechnic to minors, and for any minor to possess, purchase, sell, or set off, ignite, or otherwise cause to explode any fireworks or articles pyrotechnic[~~, except as provided in section 132D-13~~]."

SECTION 9. Section 132D-13, Hawaii Revised Statutes, is amended to read as follows:

"§132D-13 Liability of parents or guardians. The parents, guardian, and other persons having the custody or control of any minor, who knowingly permit the minor to possess, purchase, or set off, ignite, or otherwise cause to explode any fireworks or articles pyrotechnic, shall be deemed to be in violation of this chapter and shall be subject to the penalties thereunder[, except that the parents or guardian may allow the minor to use consumer fireworks while under the immediate supervision and control of the parent or guardian, or under the supervision and control of another adult]."

SECTION 10. 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, or allowing an individual to possess, set off, ignite, discharge, or otherwise cause to explode any aerial device in violation of section 132D-14.5:

(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[.];

(5) Selling consumer fireworks without having a valid license under section 132D-7 may have the consumer fireworks, storage facility, vehicle, or any other asset used in the commission of the offense seized and subject to forfeiture pursuant to section 712A; provided that asset forfeiture proceedings pursuant to this subsection shall not be initiated until after the delivery of a nuisance abatement notice pursuant to subsection (d); and

(6) Setting off, igniting, or discharging consumer fireworks without a valid permit under section 132D‑10:

(A) May have the consumer fireworks used in the commission of the offense seized and subject to forfeiture under chapter 712A;

(B) Shall be fined $500; provided that the amount of the fine shall double every three months until the fine is paid; provided further that if the person is a minor, the penalties shall apply to the minor's parents pursuant to section 132D-13; and

(C) Shall complete two hours of fireworks education to be administered by the department of law enforcement; provided that should the two hours of required fireworks education not be met, community service shall begin accruing starting with two hours and doubling every three months thereafter until the penalty requirements are satisfied; provided further that if the person is a minor, the penalties shall apply to the minor's parents pursuant to section 132D-13.

(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 [no] not more than $5,000 for each violation. Notwithstanding any provision to the contrary in this section, any person violating section 132D-14.5 shall be fined at least $500 and [no] not more than $5,000.

(1) 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 law enforcement purposes[.]; and

(2) Collect the proceeds from forfeited assets pursuant to subsection (a)(5) and (6) for violating this chapter and, of the proceeds collected, notwithstanding the disposition requirements under section 712A-16, shall pay seventy per cent to law enforcement agencies and thirty per cent to the firework forfeiture special fund established in section 132D- .

(d) Notwithstanding any penalty set forth herein, violations of subsection (a)(1) [or], (3), or (5) may be subject to nuisance abatement proceedings provided in part V of chapter 712.

(e) For the purposes of this section:

(1) Each type of prohibited firework imported, purchased, sold, possessed, set off, ignited, or discharged shall constitute a separate violation for each unopened package; and

(2) Each separate firework imported, purchased, sold, possessed, set off, ignited, or discharged shall be a separate violation if the package is opened or the firework is not in a package.

(f) For the purposes of this section, "package":

(1) Means any aerial device, display firework, or article pyrotechnic:

(A) Enclosed in a container or wrapped in any manner in advance of wholesale or retail sale; and

(B) With a weight or measure determined in advance of wholesale or retail sale; and

(2) Does not mean:

(A) Inner wrappings not intended to be individually sold to the customer;

(B) Shipping containers or wrapping used solely for the transportation of any commodities in bulk or in quantity;

(C) Auxiliary containers or outer wrappings used to deliver commodities if the containers or wrappings bear no printed matter pertaining to any particular aerial device, display firework, or article pyrotechnic;

(D) Containers used for retail tray pack displays when the container itself is not intended to be sold; or

(E) Open carriers and transparent wrappers or carriers for containers when the wrappers or carriers do not bear printed matter pertaining to any particular aerial devices, display fireworks, or articles pyrotechnic."

SECTION 11. Section 132D-16.6, Hawaii Revised Statutes, is amended to read as follows:

"[[]§132D-16.6[]] Display site inspection. Each county fire chief is authorized to conduct inspections of the persons conducting a display, including the site where the display is occurring or will occur within the fire chief's county to determine compliance with the applicable county code and the current editions of the National Fire Protection Association's "NFPA 1123: Code for Fireworks Display" and "NFPA 1126: Standard for the Use of Pyrotechnics Before a Proximate Audience". An inspection fee of $200 shall be assessed by the county upon the holder of a permit for a display under section [~~132D-10(2),~~] 132D-10(1) which shall be separate from the display permit fee under that section. The inspection fee shall be paid to the county in which the display will occur, and shall be used to defray the cost of the official conducting the inspection of the display setup."

SECTION 12. Section 712-1270, Hawaii Revised Statutes, is amended to read as follows:

"§712-1270 Places used to commit offenses against public health and morals or other offenses, a nuisance. Every building, premises, or place used for the purpose of violating:

(1) Those laws pertaining to offenses against public health and morals contained in this chapter, except offenses under part IV that do not involve the manufacture or distribution of drugs and activities under part III that involve only social gambling as defined in section 712-1231(a);

(2) Section 132D-14(a)(1) [or], (3)[;], or (5); or

(3) Any offense under part II of chapter 708 that involves a person unlawfully residing on or otherwise occupying real property to which the person has no title, lease, or other legal claim,

and every building, premises, or place in or upon which violations of any of the laws set forth in paragraph (1), (2), or (3) are held or occur, is a nuisance that shall be enjoined, abated, and prevented, regardless of whether it is a public or private nuisance."

SECTION 13. Section 712-1270.3, Hawaii Revised Statutes, is amended to read as follows:

"§712-1270.3 Citizen's rights. Any citizen who brings a nuisance abatement suit against a place used for the purpose of committing:

(1) Fireworks related offenses contained in section 132D‑14(a)(1) [or], (3)[;], or (5); or

(2) Drug offenses under part IV of this chapter or who files a complaint with the local police or drug nuisance abatement unit of the department of the attorney general,

shall be entitled to the same rights and protections of victims and witnesses in criminal proceedings in accordance with chapter 801D."

SECTION 14. Section 712-1281, Hawaii Revised Statutes, is amended to read as follows:

"[[]§712-1281 Forfeiture; fireworks.[]] In addition to any other penalty that may be imposed for violation of section 132D-14(a)(1) [or] (3), (5), or (6), any property used or intended for use in the commission of, attempt to commit, or conspiracy to commit an offense under section 132D-14(a)(1) [or] (3), (5), or (6), or that facilitated or assisted [~~such~~] the activity, and any proceeds or other property acquired or maintained with the proceeds from violation of section 132D‑14(a)(1) [or] (3), (5), or (6), may be subject to forfeiture pursuant to chapter 712A."

SECTION 15. Section 132D-3, Hawaii Revised Statutes, is repealed.

["~~§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 16. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 17. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 18. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	999
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII