REPORT TITLE:
Fireworks


DESCRIPTION:
Makes it unlawful to possess aerial common fireworks in any
county unless the person has a valid permit issued by that
county.  Makes it a misdemeanor for any person to set off,
ignite, discharge, sell, transfer, or possess aerial common
fireworks without first having obtained a license or permit as
required by section 132D-7.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.65         
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO AERIAL COMMON FIREWORKS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 132D-7, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]132D-7[]]  License or permit required.  [(a)]  It shall
 
 4 be unlawful for any person to [import]:
 
 5      (1)  Import any fireworks into the State, to store, offer to
 
 6           sell, or sell, at wholesale or retail any fireworks,
 
 7           unless the person has a valid license issued by the
 
 8           department[.]; or
 
 9      [(b) It shall be unlawful for any person to]
 
10      (2)  Possess, set off, ignite, or discharge aerial common or
 
11           special fireworks at any time or to set off, ignite, or
 
12           discharge non-aerial common fireworks at any time other
 
13           than the periods for use prescribed in section
 
14           132D-3(1) in any county unless the person has a valid
 
15           permit issued by the county in which the permitted
 
16           activity is to occur."
 
17      SECTION 2.  Section 132D-10, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "[[]132D-10[]]  Permits.  A permit shall be required for
 
20 [the purchase, setting off, ignition, or discharge of]:
 

 
Page 2                                                     
                                     H.B. NO.65         
                                                        
                                                        

 
 1      (1)  [Any] The purchase, setting off, ignition, or discharge
 
 2           of any non-aerial common fireworks when the proposed
 
 3           date of the use of the fireworks is not within the
 
 4           periods prescribed in section 132D-3(1); and
 
 5      (2)  [Any] The possession, purchase, setting off, ignition,
 
 6           or discharge of any aerial common and any special
 
 7           fireworks under all circumstances and at any time."
 
 8      SECTION 3.  Section 132D-14, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "[[]132D-14[]]  Penalty.(a)  Any person importing aerial
 
11 common fireworks or special fireworks into the State without
 
12 first having obtained a license as required by section 132D-7
 
13 shall be guilty of a class C felony.
 
14      (b)  Any person setting off, igniting, discharging, selling,
 
15 transferring, or possessing aerial common fireworks without first
 
16 having obtained a license or permit as required by section 132D-7
 
17 shall be guilty of a misdemeanor.
 
18      [(b)] (c)  Except as provided in [subsection (a),]
 
19 subsections (a) and (b), any person violating any other provision
 
20 of this chapter, shall be guilty of a petty misdemeanor."
 
21      SECTION 4.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 
23      SECTION 5.  This Act shall take effect upon its approval.
 
24 
 
25                           INTRODUCED BY:  _______________________