RELATING TO FIREWORKS.

HB83

HOUSE OF REPRESENTATIVES

H.B. NO.

83

THIRTY-THIRD LEGISLATURE, 2025

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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SECTION
1
.
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The legislature finds that while
existing law classifies the purchase, possession, storage, or use of fireworks
without a valid permit as a class C felony, there is an urgent need to enhance
these penalties to serve as a more effective deterrent.
�
The illegal use of fireworks poses
significant risks to public safety, including physical injuries, property
damage, and environmental harm.
�

Additionally, the noise and disruption caused by illegal fireworks are a
source of distress for many residents.
�

The legislature further finds that despite existing penalties,
enforcement challenges and repeat offenses suggest that current consequences
are not sufficient to prevent illegal firework activity.

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Accordingly,
the purpose of this Act is to:

����
(1)
�
Increase penalties relating to illegal
fireworks and establish higher penalties for any subsequent violation; and

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(2)
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Appropriates funds.

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SECTION
2
.
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Section 132D-14, Hawaii Revised Statutes, is
amended as by amending subsection (a) to read as follows:

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"
(a)
�

Any person:

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(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
]
B

felony[
;
]
for the first violation and for any subsequent violation
shall be guilty of a class A felony;

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(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, discharge, or
otherwise cause to explode any aerial device in violation of section 132D-14.5:

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(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
]

B
felony[
;
]
for the first violation and for any subsequent
violation shall be guilty of a class A 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;
]

class C felony for the first violation and for any subsequent violation
shall be guilty of a class B felony;

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(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
]
B
felony[
;
]
for
the first violation and for any subsequent violation shall be guilty of a class
A felony;
and

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(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 for the first violation and for any subsequent violation
shall be guilty of a class B felony.
"

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SECTION
3.
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There is appropriated out of the
general revenues of the State of Hawaii the sum of
$ or so much
thereof as may be necessary for fiscal year 2025-2026 and the same sum or so
much thereof as may be necessary for fiscal year 2026-2027 for the department
of law enforcement to improve investigation and enforcement efforts to address
illegal firework activity.

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The sums

appropriated shall be expended by the
department of law enforcement for the purposes of this Act.

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SECTION
4.
�
There is appropriated out of the
general revenues of the State of Hawaii the sum of
$ or so much
thereof as may be necessary for fiscal year 2025-2026 and the same sum or so
much thereof as may be necessary for fiscal year 2026-2027 for county fire
departments to improve in investigation and enforcement efforts to address
illegal firework activity; provided that of the funds appropriated:

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(1)
�
$
shall be allocated to the county of Hawaii;

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(2)
�
$
shall be allocated to the city and county of Honolulu;

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(3)
�
$
shall be allocated to the county of Kauai; and

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(4)
�
$
shall be allocated to the county of Maui.

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The sums

appropriated shall be expended by each
county fire department for the purposes of this Act.

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SECTION 5.
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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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SECTION 6.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.

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SECTION 7.
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This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

Report Title:

Firework;
Increased Penalties; Subsequent Violations; Appropriations

Description:

Increases
penalties for certain firework violations and establishes higher penalties for
any subsequent violation.
�
Appropriates
funds.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.