Ban All Fireworks

Creates the offense of fireworks usage.  Makes it a class C
felony to import, sell, or offer to sell fireworks in Hawaii.
Makes it a misdemeanor to purchase or discharge fireworks.

THE SENATE                              S.B. NO.           214
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT


 1      SECTION 1.  The legislature finds that the widespread
 2 discharge of fireworks creates a serious safety hazard for
 3 persons and property as well as a severe health
 4 risk--particularly for the young, the elderly, and others with
 5 respiratory ailments--as a result of concentrated sulfuric smoke
 6 emissions.  While the legislature recognizes the popularity of
 7 fireworks in Hawaii and the cultural and historical significance
 8 of celebrations to the people of the State, including New Year's,
 9 Chinese New Year's, and the Fourth of July, the legislature
10 nevertheless finds that the costs of fireworks to society greatly
11 outweigh any benefits derived from the continued legalization of
12 fireworks.  
13      The purpose of this Act is to ban all fireworks in Hawaii
14 for the protection of the health, safety, and welfare of the
15 people of this State.
16      SECTION 2.  Chapter 711, Hawaii Revised Statutes, is amended
17 by adding a new section to be appropriately designated and to
18 read as follows:
19      "711-    Fireworks usage.  (1)  A person commits the
20 offense of fireworks usage if the person:

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                                     S.B. NO.           214

 1      (a)  Imports, sells, or offers to sell fireworks in this
 2           State; or
 3      (b)  Purchases, sets off, ignites, discharges, or otherwise
 4           causes to explode fireworks in this State; or knowingly
 5           or recklessly permits the setting off, ignition,
 6           discharge, or explosion of fireworks on the premises
 7           under the person's charge or control, or aids or abets
 8           any such act.
 9      (2)  A violation of subsection (1)(a) is a class C felony; a
10 violation of subsection (1)(b) is a misdemeanor.
11      (3)  This section shall not apply to:
12      (a)  The use of flares, noisemakers, or signals for warning,
13           pest control, or illumination purposes by police and
14           fire departments, utility companies, transportation
15           agencies, and other governmental or private agencies or
16           persons, including agricultural operations, in
17           connection with emergencies, their duties, or business;
18           and
19      (b)  The sale or use of blank cartridges for a show or
20           theater, or for signal, commercial, or institutional
21           purposes in athletics or sports."
22      SECTION 3.  Section 711-1100, Hawaii Revised Statutes, is
23 amended by adding a new definition to be appropriately inserted

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                                     S.B. NO.           214

 1 and to read as follows:
 2      ""Fireworks" means any combustible or explosive composition,
 3 or any substance or combination of substances, or article
 4 prepared for the purpose of producing a visible or audible effect
 5 by combustion, explosion, deflagration, or detonation and
 6 classified as common or special fireworks by the United States
 7 Bureau of Explosives or contained in the regulations of the
 8 United States Department of Transportation and designated as UN
 9 0335 1.3G or UN 0336 1.4G.  The term "fireworks" shall not
10 include automotive safety flares, nor shall the term be construed
11 to include toy pistols, toy cannons, toy guns, party poppers,
12 pop-its, or other devices that contain twenty-five hundredths of
13 a grain or less of explosives substance.  The term "fireworks"
14 also shall not include any explosives and pyrotechnics regulated
15 under chapter 396."
16      SECTION 4.  Chapter 132D, Hawaii Revised Statutes, is
17 repealed.
18      SECTION 5.  This Act does not affect rights and duties that
19 matured, penalties that were incurred, and proceedings that were
20 begun, before its effective date.
21      SECTION 6.  New statutory material is underscored.

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                                     S.B. NO.           214

 1      SECTION 7.  This Act shall take effect upon its approval.
 3                           INTRODUCED BY:_________________________