Hawaii 2022 Regular Session

Hawaii Senate Bill SB1020 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 1020 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT relating to fireworks. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 1020
4	4	THIRTY-FIRST LEGISLATURE, 2021
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	1020
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13	13	THIRTY-FIRST LEGISLATURE, 2021
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to fireworks.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature acknowledges the multitude of health and safety issues relating to the illegal use of fireworks in Hawaii. The purpose of this Act is to reduce the penalty for fireworks offenses to a civil violation with the intended goal of achieving more expeditious enforcement of fireworks laws. 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, 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; provided that 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 shall be a civil violation if the total weight of the aerial devices, display fireworks, or articles pyrotechnic is less than twenty-five pounds. A person issued a civil citation pursuant to this paragraph shall be subject to a fine of $ ; (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." 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. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature acknowledges the multitude of health and safety issues relating to the illegal use of fireworks in Hawaii.
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51	51	The purpose of this Act is to reduce the penalty for fireworks offenses to a civil violation with the intended goal of achieving more expeditious enforcement of fireworks laws.
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53	53	SECTION 2. Section 132D-14, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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55	55	"(a) Any person:
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57	57	(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;
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59	59	(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, or otherwise cause to explode any aerial device in violation of section 132D-14.5:
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61	61	(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
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63	63	(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; provided that 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 shall be a civil violation if the total weight of the aerial devices, display fireworks, or articles pyrotechnic is less than twenty-five pounds. A person issued a civil citation pursuant to this paragraph shall be subject to a fine of $ ;
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65	65	(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
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67	67	(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."
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69	69	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.
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71	71	SECTION 4. New statutory material is underscored.
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73	73	SECTION 5. This Act shall take effect upon its approval.
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77	77	INTRODUCED BY: _____________________________
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79	79	INTRODUCED BY:
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81	81	_____________________________
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87	87	Report Title: Fireworks; Possession; Penalty Reduction Description: Reduces the offense of purchasing, possessing, setting off, igniting, or discharging aerial devices, display fireworks, or articles pyrotechnic under a weight of twenty-five pounds without a valid permit to a civil violation. 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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95	95	Fireworks; Possession; Penalty Reduction
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99	99	Description:
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101	101	Reduces the offense of purchasing, possessing, setting off, igniting, or discharging aerial devices, display fireworks, or articles pyrotechnic under a weight of twenty-five pounds without a valid permit to a civil violation.
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109	109	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.