The legislation significantly amends Chapter 132D of the Hawaii Revised Statutes by allowing individuals, excluding certain state officials and employees, to initiate civil suits for violations related to fireworks. Notably, it presents a lower standard of proof (preponderance of the evidence) compared to criminal cases. Individuals can bring action against those who unlawfully set off, store, or use fireworks, along with anyone aiding or abetting such actions. Victors in these civil suits could secure statutory damages starting at $10,000 per violation, attorney's fees, and injunctive relief, which emphasizes proactive regulation of fireworks use within local jurisdictions.
House Bill 2502, introduced in the Hawaii Legislature, aims to address the growing concerns surrounding fireworks usage within the state. This bill recognizes that, despite existing criminal prohibitions against aerial and other types of fireworks, their popularity has surged, leading to public health and safety hazards for residents, including veterans suffering from PTSD and animals. It acknowledges the challenges of prosecuting violations due to the stringent burden of proof required in criminal cases and proposes a civil cause of action as a remedy to these enforcement issues.
Debate around HB 2502 likely revolves around the implications of increasing civil liability and the effects on community enforcement practices. Proponents argue that this approach empowers citizens to engage actively in maintaining safety within their neighborhoods, while critics may view the bill as a potential overreach that could lead to frivolous lawsuits or unintended consequences for community dynamics. The exclusion of governmental entity involvement in these actions raises questions about public resource allocation for enforcement and policy adherence, emphasizing a shift in how state laws are enforced through citizen participation.