REPORT TITLE:
Fireworks


DESCRIPTION:
Requires a permit for certain types of fireworks and allows
aerial common fireworks only for ethnic or religious purposes.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           963
TWENTIETH LEGISLATURE, 1999                                
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:

 1      SECTION 1.  The legislature finds that fireworks has a long
 
 2 history in Hawaii.  Lately, however, New Year's Eve fireworks has
 
 3 caused increased problems for the State, especially the island of
 
 4 Oahu.  While a total ban of fireworks may be an over-reaction to
 
 5 this problem, increased regulation of fireworks is warranted.
 
 6 The purpose of this Act is to provide further regulation of
 
 7 fireworks.
 
 8      SECTION 2.  Section 132D-10, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "[[]�132D-10[]]  Permits.  A permit shall be required for
 
11 the purchase, setting off, ignition, or discharge of:
 
12      (1)  Any non-aerial common fireworks [when the proposed date
 
13           of the use of the fireworks is not within the periods
 
14           prescribed in section 132D-3(1);] not including
 
15           firecrackers, pop pops, cracker balls, or sparklers
 
16           less than a foot in length; and
 
17      (2)  Any aerial common fireworks which shall be permitted
 
18           only for ethnic or religious purposes, at times
 
19           approved by the department by rule adopted pursuant to
 

 
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                                     S.B. NO.           963
                                                        
                                                        

 
 1           chapter 91, and any special fireworks under all
 
 2           circumstances and at any time."
 
 3      SECTION 3.  Section 132D-14, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (b) to read as follows:
 
 5      "(b)  Except as provided in subsection (a), any person
 
 6 violating any other provision of this chapter, shall be guilty of
 
 7 a petty misdemeanor[.] and shall have all fireworks in the
 
 8 possession of the person at the time of the violation,
 
 9 confiscated and destroyed.  The person may be sentenced to
 
10 community service as part or all of the person's sentence."
 
11      SECTION 4.  Section 132D-3, Hawaii Revised Statutes, is
 
12 repealed.
 
13      ["[�132D-3]  Permissible uses of non-aerial common
 
14 fireworks.  Non-aerial common fireworks may be set off, ignited,
 
15 discharged, or otherwise caused to explode within the State only:
 
16      (1)  From 9:00 p.m. on New Year's Eve to 1:00 a.m. on New
 
17           Year's Day; from 9:00 p.m. Chinese New Year's Eve to
 
18           1:00 a.m. Chinese New Year's Day; and from 9:00 p.m. on
 
19           the Fourth of July to 1:00 a.m. on July 5; or
 
20      (2)  From 9:00 a.m. to 9:00 p.m. as allowed by permit
 
21           pursuant to section 132D-10 if the proposed use is to
 
22           occur at any time other than during the periods
 
23           prescribed in paragraph (1)."]
 

 
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                                     S.B. NO.           963
                                                        
                                                        

 
 1      SECTION 5.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 6.  This Act shall take effect upon its approval.
 
 4 
 
 5                           INTRODUCED BY:  _______________________