HOUSE OF REPRESENTATIVES

H.B. NO.

83

THIRTY-THIRD LEGISLATURE, 2025

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to fireworks.

 

 

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

 

     SECTION 1.  The legislature finds that while existing law classifies the purchase, possession, storage, or use of fireworks without a valid permit as a class C felony, there is an urgent need to enhance these penalties to serve as a more effective deterrent.  The illegal use of fireworks poses significant risks to public safety, including physical injuries, property damage, and environmental harm.  Additionally, the noise and disruption caused by illegal fireworks are a source of distress for many residents.  The legislature further finds that despite existing penalties, enforcement challenges and repeat offenses suggest that current consequences are not sufficient to prevent illegal firework activity.

     Accordingly, the purpose of this Act is to:

     (1)  Increase penalties relating to illegal fireworks and establish higher penalties for any subsequent violation; and

     (2)  Appropriates funds.

     SECTION 2.  Section 132D-14, Hawaii Revised Statutes, is amended as 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] B felony[;] for the first violation and for any subsequent violation shall be guilty of a class A 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] B felony[;] for the first violation and for any subsequent violation shall be guilty of a class A 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;] class C felony for the first violation and for any subsequent violation shall be guilty of a class B felony;

     (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] B felony[;] for the first violation and for any subsequent violation shall be guilty of a class A 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.] class C felony for the first violation and for any subsequent violation shall be guilty of a class B felony."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the department of law enforcement to improve investigation and enforcement efforts to address illegal firework activity.

     The sums appropriated shall be expended by the department of law enforcement for the purposes of this Act.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for county fire departments to improve in investigation and enforcement efforts to address illegal firework activity; provided that of the funds appropriated:

     (1)  $           shall be allocated to the county of Hawaii;

     (2)  $            shall be allocated to the city and county of Honolulu;

     (3)  $           shall be allocated to the county of Kauai; and

     (4)  $           shall be allocated to the county of Maui.

     The sums appropriated shall be expended by each county fire department for the purposes of this Act.

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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

     SECTION 7.  This Act shall take effect on July 1, 2025.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Firework; Increased Penalties; Subsequent Violations; Appropriations

 

Description:

Increases penalties for certain firework violations and establishes higher penalties for any subsequent violation.  Appropriates funds.

 

 

 

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