Bill > SB413

This bill establishes a new civil legal mechanism allowing private citizens (excluding state or local government employees) to sue individuals who violate Hawaii's Fireworks Control Law. Specifically, individuals can bring civil actions against people who set off illegal fireworks, knowingly aid in fireworks violations, ship fireworks improperly, or violate homeowners' association rules related to fireworks. The bill allows plaintiffs to seek injunctive relief, statutory damages of at least $10,000 per violation, and reasonable attorney's fees. The legislation is designed to address the growing problem of illegal fireworks use by lowering the burden of proof from the criminal standard of "beyond a reasonable doubt" to a civil standard of "preponderance of the evidence," making enforcement easier. The bill includes several provisions that limit potential defenses, such as ignorance of the law, belief that the requirements are unconstitutional, or consent from property owners. Importantly, government officials are prohibited from directly intervening in these civil actions but may file an amicus curiae brief with court permission. The bill aims to protect public safety by creating a new legal tool for citizens to help enforce fireworks regulations, particularly addressing concerns about the safety of residents, veterans with post-traumatic stress disorder, and animals.

Government Affairs

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=413&year=2026