If passed, SB413 would amend Chapter 132D of the Hawaii Revised Statutes to allow private citizens, rather than just law enforcement, to bring civil actions against those found to be in violation of fireworks regulations. This includes not only the individuals who ignite or utilize fireworks unlawfully but also those who assist in these actions, such as providing financial backing for such activities. The potential for statutory damages of up to $10,000 per violation introduces a strong financial incentive for individuals to engage in enforcement, increasing community involvement in safety oversight.
Senate Bill 413 introduces significant changes to the enforcement of laws regarding the use of fireworks in Hawaii. The bill aims to address the increasing use of illegal fireworks, which has raised safety concerns among residents, specifically affecting those with PTSD and pets. By enabling civil lawsuits against individuals who violate fireworks laws, the bill lowers the burden of proof from 'beyond a reasonable doubt' to 'preponderance of the evidence'. This shift is designed to facilitate more frequent prosecutions of fireworks violations, which are currently rarely pursued due to the stringent criminal standards.
While proponents argue that this bill will enhance public safety and empower citizens, concerns arise regarding the potential for misuse or excessive litigation. There is an apprehension that this could lead to a culture of blame and increased conflict among neighbors. Additionally, some may argue that this approach undermines the enforcement roles of state and local authorities. Critics could also express concerns about the implications of imposing civil liabilities without criminal convictions, raising questions about legal fairness and community dynamics.