Bill Text: HI SB2616 | 2010 | Regular Session | Introduced
Bill Title: Fireworks; Penalties
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2010-01-27 - (S) Referred to PSM, JGO. [SB2616 Detail]
Download: Hawaii-2010-SB2616-Introduced.html
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THE SENATE |
S.B. NO. |
2616 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to fireworks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 132D-8.6, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) Any person violating subsection (a), (c), or (d) shall be subject to the following for shipments of fireworks or articles pyrotechnic of:
(1) Twenty-five pounds or less gross weight shall be
a [petty misdemeanor;] class C felony and the person shall be fined not
less than $10,000; and
(2) Over twenty-five pounds to three hundred pounds
gross weight shall be a [misdemeanor;] class B felony and the person
shall be fined not less than $50,000.
[(3) Over three hundred pounds to ten thousand
pounds gross weight shall be a class C felony; and
(4) More than ten thousand pounds gross
weight shall be a class B felony.]"
SECTION 2. Section 132D-14, Hawaii Revised Statutes, is amended by amending subsection (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;
(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] B 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;
(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.] 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] $10,000
for each violation."
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.
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INTRODUCED BY: |
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Report Title:
Fireworks; Penalties
Description:
Increases the penalties for fireworks violations.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
