THE SENATE

S.B. NO.

708

THIRTY-SECOND LEGISLATURE, 2023

S.D. 1

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 two new sections to be appropriately designated and to read as follows:

     "§132D-A  Possession and use of fireworks; penalty.  (a)  No person shall:

     (1)  Possess, set off, ignite, or discharge aerial devices, display fireworks, or articles pyrotechnic without a valid permit under sections 132D-10 and 132D-16;

     (2)  Possess aerial devices, display fireworks, or articles pyrotechnic without a valid license under section 132D-7; or

     (3)  Allow an individual to possess, set off, ignite, or otherwise cause to explode any aerial device in violation of section 132D-14.5.

     (b)  A person who violates this section shall be fined:

     (1)  Not more than $250 for a first violation;

     (2)  Not more than $500 for a second violation; and

     (3)  Not more than $1,000 for each additional violation.

     (c)  All penalties collected under this section shall be deposited in the fireworks possession special fund established under section 132D-B.

     §132D-B  Fireworks possession special fund.  (a)  There is established in the treasury of the State a special fund to be known as the fireworks possession special fund, which shall be administered by the department of public safety.  The fund shall consist of fines collected pursuant to section 132D-A.

     (b)  Moneys from the fireworks possession special fund shall be distributed as follows:

     (1)  Eighty per cent directed to the county police departments; and

     (2)  Twenty per cent deposited into the energy security special fund established pursuant to section 201-12.8 and directed towards climate change mitigation."

     SECTION 2.  Section 132D-14, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(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 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 more than $5,000.]"

     SECTION 3.  Section 132D-14.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§132D-14.5[]]  Liability of homeowner, renter, or person otherwise responsible for real property.  A homeowner, renter, or person otherwise responsible for the real property who intentionally, knowingly, or recklessly allows an individual, while on the real property, to possess, set off, ignite, or otherwise cause to explode any aerial device shall be deemed to be in violation of this chapter and shall be subject to the penalties specified in section [132D-14(a)(2) and (b).] 132D-A."

     SECTION 4.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on January 1, 2050.

 

 

Report Title:

Fireworks; Possession; Use; Fireworks Possession Special Fund; County Police Departments; Climate Change Mitigation

 

Description:

Sets fines for possession and use of fireworks.  Establishes the Fireworks Possession Special Fund and allocates proceeds of the fund to county police departments and for climate change mitigation.  Takes effect 1/1/2050.  (SD1)

 

 

 

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