Bill Text: HI SB165 | 2022 | Regular Session | Introduced
Bill Title: Relating To Fireworks
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Introduced - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [SB165 Detail]
Download: Hawaii-2022-SB165-Introduced.html
|
THE SENATE |
S.B. NO. |
165 |
|
THIRTY-FIRST LEGISLATURE, 2021 |
|
|
|
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 Act 170, Session Laws of Hawaii 2010, established the illegal fireworks task force to develop strategies and make recommendations to the legislature to address the illegal importation and use of fireworks in the State. Among other matters, the illegal fireworks task force recommended that the legislature consider increasing fireworks permit fees and violation fines to deter the use of illegal fireworks, decrease the supply of illegal fireworks in the State, and increase funding for prevention and enforcement efforts.
The legislature also finds that Act 184, Session Laws of Hawaii 2019, directed the legislative reference bureau to update the illegal fireworks task force's findings and recommendations. In the legislative reference bureau's updated report, the bureau noted that, although the legislature has introduced numerous measures to increase fireworks permit fees and violations fines since 2011, none of the measures were enacted.
Accordingly, the purpose of this Act is to implement recommendations of the illegal fireworks task force by:
(1) Raising the fireworks display permit fee from $110 to $150;
(2) Increasing the fine for certain fireworks violations from $2,000 per violation to $5,000 per violation;
(3) Clarifying that each aerial device, display firework, or article pyrotechnic having a total weight of twenty-five pounds or less that is illegally imported, transferred, or sold constitutes a separate violation; and
(4) Increasing the penalty for removing or extracting the pyrotechnic contents from any fireworks or articles pyrotechnic for certain uses.
SECTION 2. 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) Any
aerial devices, display fireworks, or articles pyrotechnic for the purposes of
section 132D-16 upon payment of a fee of [$110;] $150; and
(3) 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 3. Section 132D-14, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) 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; provided
that each aerial device, display firework, or article pyrotechnic having a total
weight of twenty-five pounds or less that is imported in violation of this
paragraph shall constitute a separate violation;
(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, 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; provided that each aerial
device, display firework, or article pyrotechnic having a total weight of
twenty-five pounds or less that is transferred or sold in violation of this
paragraph shall constitute a separate violation; 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.
(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 not more than [$2,000] $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 more than $2,000."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Fireworks; Permits; Licenses; Fees; Fines; Increase
Description:
Increases the fireworks display permit fee from $110 to $150 and the fine for certain fireworks violations from $2,000 per violation to $5,000 per violation. Clarifies that each aerial device, display firework, or article pyrotechnic having a total weight of 25 pounds or less that is illegally imported, transferred, or sold constitutes a separate violation. Increases the penalty for removing or extracting the pyrotechnic contents.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
