SB413

SECTION 1. The legislature finds that, despite criminal laws prohibiting the use of aerials and other fireworks, their use and popularity have grown significantly across the State, jeopardizing the safety and health of residents, veterans with post-traumatic stress disorder, and animals, among others. In order to support a conviction for illegal use of fireworks, the burden of proof of beyond a reasonable doubt must be met. As such, the legislature finds that, if any enforcement occurs, these cases are rarely prosecuted because the required evidence can be difficult to obtain.

The legislature further finds that by allowing for civil actions against those illegally operating fireworks, the burden of proof is lowered to a preponderance of the evidence, which is a threshold that can be met more readily. The legislature finds that this approach, while novel in the State, is not without precedent nationally. The approach of allowing citizen suits as a way to enforce laws is currently under consideration by the state of California for assault weapons and is an approach that has been upheld by the United States Supreme Court as being constitutionally valid.

The purpose of this Act is to establish a civil cause of action that may be brought by any person, other than an officer or employee of the State or employee of a local governmental entity in the State, for certain violations or aiding or abetting certain violations of the Fireworks Control Law.

SECTION 2. Chapter 132D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§132D- Civil liability for violation or aiding or abetting violation. (a) Any person, other than an officer or employee of the State or an officer or employee of a local governmental entity in the State, may bring a civil action against:

(1) Any person who sets off, ignites, discharges, causes to explode, stores, or uses, or induces or allows to be set off, ignited, discharged, exploded, stored, or used, fireworks in violation of this chapter;

(2) Any person who knowingly engages in conduct that aids or abets the setting off, ignition, discharge, explosion, storage, or use of fireworks in violation of this chapter, including paying for or reimbursing the cost of the fireworks; provided that it shall not be a defense that the person did not know a violation of this chapter would occur;

(3) A shipper who violates a requirement of section 132D‑8.6(a);

(4) A homeowners' association that violates section 132D‑14.5; or

(5) Any person who intends to engage in the conduct prohibited by this chapter.

(b) A party prevailing in an action brought under this section shall be entitled to an award by the court for:

(1) Injunctive relief, if applicable;

(2) Statutory damages of not less than $10,000 for each violation; and

(3) Reasonable costs and attorney's fees;

provided that a court shall not award relief under this subsection if a defendant demonstrates that the defendant has paid in full the statutory damages, costs, and attorney's fees awarded against the defendant in a prior action arising from the same incident.

(c) Notwithstanding any other law to the contrary, an action under this section shall be commenced within six years after the cause of action accrued.

(d) The following shall not be a defense to an action brought under this section:

(1) Ignorance or mistake of the law;

(2) A defendant's belief that the requirements of this chapter are unconstitutional;

(3) A defendant's reliance on any court decision that has been overruled on appeal or by a subsequent court, even if that court decision had not been overruled at the time the defendant engaged in conduct that violates this chapter;

(4) A defendant's reliance on any state or federal court decision that is not binding on the court in which the action has been brought;

(5) The consent and knowledge of the property owner, landlord, property manager, co-tenants, or homeowners' association; or

(6) Any claim that the enforcement of this chapter or the imposition of civil liability against the defendant will violate the constitutional rights of third parties.

(e) Notwithstanding any other law to the contrary, the State, a state official, or a district or county attorney shall not intervene in an action brought under this section; provided that the State, a state official, or a district or county attorney may file an amicus curiae brief in the action upon leave granted by the court.

(f) A court shall not award costs or attorneys' fees to a defendant in an action brought under this section.

(g) The remedies in this section are cumulative and in addition to any other remedies allowed by law."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	413
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII