Bill Text: HI HB325 | 2024 | Regular Session | Introduced

Hawaii House Bill 325

Introduced

Bill Title: Relating To Fireworks.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced) 2023-12-11 - Carried over to 2024 Regular Session. [HB325 Detail]

Download: Hawaii-2024-HB325-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	325
THIRTY-SECOND LEGISLATURE, 2023
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, despite the penalties for the illegal use of aerial devices under the State's fireworks statutes, individuals continue to set off, ignite, or otherwise cause aerial devices to explode without proper authorization, especially late at night.

The legislature further finds that eighty per cent of fines collected by courts for violations of the Fireworks Control Law is allocated to the counties for purposes of law enforcement, while twenty per cent is allocated to the State. The legislature believes that county police departments have a greater incentive to enforce the law when minimum fines for prohibited activities are raised.

Accordingly, the purpose of this Act is to increase the minimum penalty imposed upon homeowners, renters, and managers of real property when they intentionally, knowingly, or recklessly allow others to unlawfully use aerial devices from their respective properties after 9:00 p.m. and before 9:00 a.m.

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~~] no less than $500 and no more than $5,000[.]; provided that when the violation involves aerial devices that are set off, ignited, or otherwise caused to explode outside of the hours specified in section 132D-4(b), the fine shall be no less than $1,000."

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 Statutory material to be repealed is bracketed and stricken.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.

INTRODUCED BY:	_____________________________

Report Title:

Fireworks; Aerial Devices; Homeowners; Late Hours; Penalty

Description:

Increases the minimum penalty imposed upon homeowners, renters, and managers of real property when they intentionally, knowingly, or recklessly allow others to unlawfully use aerial devices from their respective properties after 9:00 p.m. and before 9:00 a.m.

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