Office of the Governor – News Release – Gov. Green Increases Public Safety with the Signing of Fireworks Bills

HONOLULU – Governor Josh Green, M.D., today signed two notable pieces of legislation into law, marking a significant milestone in the effort to curb the illegal use, sale and distribution of fireworks in the state of Hawai‘i. The passage of House Bills 1483 and 550, (Acts 243 and 244, respectively) reflects a comprehensive effort to restore peace and public safety across the state. These measures are a strong and decisive response to the growing concerns following the tragic Āliamanu fireworks incident that occured on New Year’s Eve and the increased environmental worries following the Maui wildfires.

“This legislative session saw a fierce and determined push to advance meaningful firework legislation aimed at preventing future tragedies,” said Governor Green. “These bills are commendable and reflect the collaborative efforts of community leaders, first responders and lawmakers who made possible these long-awaited changes to enhance public safety.”

“Illegal fireworks have put lives at risk, disrupted communities, and caused real harm – enough is enough,” said Senator Brandon Elefante (Senate District 16 – ‘Aiea, ‘Aiea Heights, Hālawa, Pearlridge, Newtown, Royal Summit, Waimalu, Waiau, Momilani, Pacific Palisades, and Pearl City). “These new laws give us the tools to crack down on repeat offenders, protect our neighborhoods, and hold people accountable. When the community and our constituents gave us a call to action, we responded and delivered by passing these bills to deter the use of illegal fireworks. All these measures will only strengthen our agencies’ efforts to prevent and address the use of illegal fireworks,” added Senator Elefante, who chairs the Senate Public Safety and Military Affairs Committee.

“The enactment of this legislation represents a significant step forward in our ongoing commitment to public safety and community accountability,” said Representative Scot Z. Matayoshi, chair of the House Consumer Protection and Commerce Committee. “Act 243 provides real consequences for those choosing to use illegal fireworks in our communities. Importantly, Act 244 also authorizes the use of drones for enforcement in public areas, allowing for timely and effective response, while maintaining appropriate safeguards around privacy and surveillance on private property. While these bills are not a silver bullet, they should suppress the market for illegal fireworks, which will lead to fewer of them in the coming years,” said Matayoshi, who represents District 49 (Kāneʻohe, Maunawili).

“Today’s signing represents a significant shift in the way the government views, prioritizes and enforces the law upon those that profit from or utilize illegal fireworks,” said DLE Director Mike Lambert. “Fireworks place the community at constant risk of serious injury or death and should not be overlooked. The authorization of Unmanned Aerial Vehicles also referred to as “drones” to collect evidence for prosecution is a huge advantage for law enforcement agencies across the state. The law enforcement community appreciates the Governor and Legislators for giving us the laws and tools to truly make a difference moving forward.”

HB 1483: RELATING TO FIREWORKS
House Bill 1483 (Act 243) establishes and clarifies criminal penalties for various illegal fireworks offenses to hold violators to a higher degree of accountability and set stricter deterrence measures to reduce and prevent the associated injuries and traumas related to fireworks. New fireworks penalties will apply to actions such as setting off unauthorized fireworks in or near sensitive locations, and distributing, selling, igniting or possessing illegal fireworks without a license. This legislation amends and expands penalties by elevating felony charges for repeat offenders within a 10-year period, when the illegal use of fireworks causes substantial bodily harm, or results in serious bodily injury or death. To help prevent large-scale catastrophes, Act 243 clarifies fireworks weight regulations and increases penalties based on the amount of illegal fireworks possessed. Additionally, the measure amends liability provisions to hold parents or guardians, as well as property owners, accountable for fireworks offenses committed by minors or individuals on their property.

To streamline judicial processing and preserve critical resources for serious cases, Act 243 adds fireworks infractions to the existing adjudication system used for traffic and emergency period infractions. This initiative aims to expedite the handling of these high-volume violations, reduce the burden on the courts, and help prioritize more serious offenses.

Penalties include, for example:

Under this law, it is not a legal defense that the person who illegally set off, bought, sold, stored, or imported those fireworks, technically did not know or had any reason to know that someone would ultimately be injured or killed as a result of those fireworks. As long as the connection to those fireworks can be proven, everyone along the chain can be held responsible.

“Setting serious penalties in addition to amending our fireworks infraction processing are substantial advancements in setting deterrents and focusing our attention on those offenders who pose a large risk to our community,” said Governor Green. “Too many illegal fireworks acts have been committed and have fallen through the cracks. These firework bills patch up the gaps in our system to help deter illegal activity and hold those accountable for their actions.”

HB 550: RELATING TO FIREWORKS
House Bill 550 (Act 244) authorizes the use of unmanned aerial vehicles to be used, operated and controlled by the Department of Law Enforcement (DLE) and each county, to record directly over public property, to establish probable cause for an arrest under the current Fireworks Control Law. Fireworks crimes pose a unique challenge in establishing probable cause due to their fleeting nature and the fact that acts often occur in areas that are difficult for law enforcement to access. The use of photographs and video recordings will assist officers with surveilling and upholding the laws relating to fireworks when acts are committed on public properties.

The complete list of bills signed includes the following. Click the link to see full details of the bill enacted into law.

SB 601 (ACT 245) RELATING TO LAW ENFORCEMENT