Bill Text: HI HB2790 | 2010 | Regular Session | Amended
Bill Title: Fireworks; Penalties
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2010-02-23 - (H) The committee(s) recommends that the measure be deferred. [HB2790 Detail]
Download: Hawaii-2010-HB2790-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2790 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO FIREWORKS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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[;] and fined $1,500, plus $100 per
each illegal item possessed, if any; 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[;] and fined $500, plus $100 per
each illegal item possessed, if any;
(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.] class C felony and fined
$5,000 for each violation.
(b) Except as provided in subsection (a) or (d)
or as otherwise specifically provided for in this chapter, any person
violating any other provision of this chapter, shall be fined not [more]
less than [$2,000] $
for each violation.
(c) The court shall collect the fines imposed
in subsections (a) [and], (b), and (d) for violating this
chapter and [of the fines collected shall pay twenty per cent to the State
and eighty per cent to] deposit the proceeds to the credit of the
county in which the fine was imposed, which shall be expended by the
county for law enforcement purposes.
(d) Any person who commits a violation enumerated in this section that occurs outside the designated dates and times specified in section 132D-3 or a date or time specified in a permit for display under section 132D-16, shall be guilty of a class C felony, irrespective of the weight of the fireworks that resulted in the penalty, and shall be fined $10,000 for each violation."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 1, 2112.
Report Title:
Fireworks; Penalties
Description:
Establishes fireworks-related fines and penalties. Effective January 1, 2112. (HB2790 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
