HB 55: RELATING TO FIREWORKS.

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 fireworks-related offenses occur all too often within the State, and often cause devastating physical harm to residents.  The legislature particularly notes the recent mass casualty incident in Aliamanu, Oahu, on December 31, 2024, in which fireworks killed at least four people and injured dozens more.  The legislature believes that the State must take action to deter the illegal use of fireworks.

     Accordingly, the purpose of this Act is to convert certain fireworks-related offenses from misdemeanors to class C felonies.

     SECTION 2.  Section 132D-14, Hawaii Revised Statutes, is amended by amending subsection (a) 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, or allowing an individual to possess, set off, ignite, discharge, or otherwise cause to explode any aerial device in violation of section 132D-14.5[:

          (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]; or

     (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.];

shall be guilty of a class C felony."

     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.

Report Title:

Fireworks; Offenses; Penalties; Felonies

Description:

Converts certain fireworks-related offenses from misdemeanors to class C felonies.

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