Bill Text: HI HB89 | 2019 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating To Fireworks.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-07-09 - Act 248, 07/05/2019 (Gov. Msg. No. 1350). [HB89 Detail]

Download: Hawaii-2019-HB89-Amended.html

HOUSE OF REPRESENTATIVES

H.B. NO.

89

THIRTIETH LEGISLATURE, 2019

H.D. 2

STATE OF HAWAII

S.D. 1

 

 

 

 

 

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 a new section to be appropriately designated and to read as follows:

     "§132D-    Disposal of confiscated fireworks.  A law enforcement agency that confiscates fireworks pursuant to enforcement of this chapter may safely destroy or dispose of the confiscated fireworks; provided that the law enforcement agency shall retain a sample of each type of confiscated fireworks for evidentiary purposes."

     SECTION 2.  Section 132D-14, Hawaii Revised Statutes, is amended to read as follows:

     "§132D-14  Penalty.  (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 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; 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.

     (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 for each violation[.]; provided that:

     (1)  The court may establish a fine structure that allows for increased penalties based on the quantity of fireworks confiscated; and

     (2)  The court may impose a conditional disposal fine to reimburse the county in which the fireworks were confiscated for the costs associated with safe disposal of the confiscated fireworks.

     (c)  The court shall collect the fines imposed in subsections (a) and (b) for violating this chapter and, of the fines collected[,] other than those imposed pursuant to subsection (b)(2), shall pay twenty per cent to the State and eighty per cent to the county in which the fine was imposed which shall be expended by the county for law enforcement purposes.

     (d)  Notwithstanding any penalty set forth herein, violations of subsection (a)(1) or (3) may be subject to nuisance abatement proceedings provided in part V of chapter 712.

     (e)  For the purposes of this section, each type of fireworks imported, purchased, possessed, ignited, or discharged shall constitute a separate offense."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 as a grant to the Honolulu police department to procure a secure container to store confiscated fireworks.

     The sums appropriated shall be expended by the department of public safety for the purposes of this Act.

     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 on July 1, 2019.



 

Report Title:

Fireworks; Disposal; Fines; Separate Offenses; Honolulu Police Department; Appropriation

 

Description:

Allows law enforcement agencies to safely dispose of confiscated fireworks except for a sample that is to be retained for evidentiary purposes.  Authorizes the court to establish a step-up fine structure based on the amount of fireworks confiscated and to impose a disposal fine to reimburse the counties for the costs of safely disposing of confiscated fireworks.  Establishes that each type of fireworks unlawfully imported, purchased, possessed, ignited, or discharged constitutes a separate offense.  Appropriates funds as a grant to the Honolulu Police Department for a secure container in which to store confiscated fireworks.  (SD1)

 

 

 

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

 

 

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