HOUSE OF REPRESENTATIVES	H.B. NO.	2706
THIRTY-SECOND LEGISLATURE, 2024
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 the risk of wildfires in Hawaii has increased drastically as a result of global climate change. On August 8, 2023, wildfires burned on Maui and Hawaii island. Upcountry Maui and Lahaina were especially hard hit, and wildfires destroyed much of the historic town of Lahaina. As of November 14, 2023, one hundred deaths have been attributed to the Lahaina wildfire. Sadly, the Maui wildfires rank among the ten deadliest wildfires on record in the United States since 1871 and the deadliest wildfire in the nation in more than a century.

The legislature further finds that red flag warnings are weather forecasts issued by the National Weather Service to indicate that warm temperatures, very low humidities, and stronger winds are expected to combine to produce an increased risk of fire danger. While a red flag warning is in effect, it is crucially important for all individuals to take extra care to ensure that their conduct and activities do not inadvertently ignite a wildfire. The legislature thus finds that setting off fireworks while a red flag warning is in effect is extremely irresponsible and dangerous behavior that can imperil the broader community and cause the loss of property and life.

Therefore, the purpose of this Act is to establish fines for persons who set off, ignite, discharge, or otherwise cause to explode fireworks, including consumer fireworks, aerial devices, display fireworks, or articles pyrotechnic, without a valid permit and while a red flag warning is in effect.

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

"§132D-    Red flag warning; fines. (a) Notwithstanding any law to the contrary, any person who sets off, ignites, discharges, or otherwise causes to explode fireworks, including consumer fireworks, aerial devices, display fireworks, or articles pyrotechnic, without a valid permit under sections 132D-10 and 132D-16 and while a red flag warning is in effect shall be fined at least $1,500 and no more than $15,000.

(b) The fines imposed pursuant to this section shall be in addition to any other penalties provided by law."

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. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Fireworks; Red Flag Warning; Fines

Description:

Establishes fines for any person who sets off fireworks without a valid permit and while a red flag warning is in effect.

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