HB 2503

HOUSE OF REPRESENTATIVES
H.B. NO.
2503
THIRTY-THIRD LEGISLATURE, 2026
H.D. 1
STATE OF HAWAII
S.D. 2
A BILL FOR AN ACT
RELATING TO FIREWORKS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION
1.� Chapter 132D, Hawaii Revised
Statutes, is amended by adding a new section to be appropriately designated and
to read as follows:
���� "�132D-   � Forfeiture of property used in violation
of this chapter.� Any property used or intended for use in
the commission of, attempt to commit, or conspiracy to commit a felony offense
under this chapter or that facilitated or assisted a felony offense, and any
proceeds or other property acquired or maintained with the proceeds from a felony
offense under this chapter, may be ordered forfeited to the State, subject to
the requirements of chapter 712A."
���� SECTION 2.� Section 132D-2, Hawaii Revised Statutes, is
amended by amending the definition of "aerial device" to read as
follows:
���� ""Aerial device" means any
fireworks that upon ignition, discharge, or otherwise
being set off [[rises]] moves itself more than twelve feet [[into
the air]] in any direction and then
combusts, explodes, deflagrates, or detonates [[in the air,]];
shoots or emits flaming balls[[,]]; or shoots
or emits sparks[[.]], or any fireworks that upon ignition, discharge,
or otherwise being set off is capable of moving itself more than twelve feet in
any direction and then combusting, exploding, deflagrating, or detonating;
shooting or emitting flaming balls; or shooting or emitting sparks.� Alternatively, "aerial device" may
include but is not limited to any device classified as fireworks under
UN0336 and UN0337 by the United States Department of Transportation as set
forth in title 49 Code of Federal Regulations that
contains one hundred thirty milligrams or less of explosive materials,
including firework items commonly
known as bottle rockets, sky rockets, missile-type rockets, helicopters,
torpedoes, daygo bombs, roman candles, flying pigs, and jumping jacks that move
about the ground farther than a circle with a radius of twelve feet as measured
from the point where the item was placed and ignited, aerial shells, and
mines."
���� SECTION 3.� Section 132D-5.2, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
���� "(a)� A person commits the offense of sending or
receiving fireworks or articles pyrotechnic by air delivery if the person
intentionally, knowingly, or recklessly sends or receives any amount of aerial
devices, articles pyrotechnic, consumer fireworks, or display fireworks via any
form of air delivery, including but not limited to any private courier,
commercial carrier, or mail or postal services[[;]], regardless of
whether the person accompanies the fireworks or articles pyrotechnic on the air
delivery; provided that a person possessing a current explosives license
issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives shall
not be prosecuted under this section if the person sends or receives the aerial
devices, articles pyrotechnic, consumer fireworks, [[aerial devices,]]
or display fireworks[[, or articles pyrotechnic]] via any form of
air delivery in compliance with federal law."
���� SECTION
4.� Statutory material to be repealed is
bracketed and stricken.� New statutory
material is underscored.
���� SECTION 5.� This Act shall take effect on July 1, 2055.
Report Title:
Fireworks;
Civil Forfeiture; Criminal Enforcement; Air Delivery
Description:
Authorizes
civil asset forfeiture related to fireworks offenses that constitute
felonies.� Amends the definition of
"aerial device".� Clarifies
that the offense of sending or receiving fireworks or articles pyrotechnic by
air delivery applies regardless of whether the offender accompanies the air
delivery.� Effective 7/1/2055.� (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.