(BIVN) – Governor Josh Green on Monday signed new legislation that will assist law enforcement to curb the illegal use, sale and distribution of fireworks in the state of Hawai‘i. 

“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.” 

The bill signing ceremony was livestreamed over Facebook. 

The Office of the Governor detailed the newly signed legislation in a news release: 

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:

Illegally setting off aerials within 500 feet of a dwelling (e.g., houses or hotels) will now be a crime, subject to up to one year jail and/or up to $2,000 fine.

If the person had any prior fireworks conviction in the past 10 years, current offense = class C felony.

If anyone suffers “substantial” injury as a result of those fireworks, current offense = class B felony.

If anyone suffers “serious” (i.e., near-death) injury or death, current offense = class A felony.

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 Governor has also signed these fireworks-related measures into law:

SB 601 (ACT 245) RELATING TO LAW ENFORCEMENT 
Requires law enforcement to post notice that a warranted or warrantless search has been conducted on a property. Requires a law enforcement officer to secure any entrance used by an officer in the search. Requires law enforcement agencies to develop a policy for securing the entrances to a house, store, or other building designated as a place to be searched after a search is completed. Allows the breaking of any doors, gates, other bars to the entrance, closets, and other closed places during a search when reasonable and other means of entering the space are not reasonable. (CD1)

SB 222 (ACT 246) RELATING TO FIREWORKS 
Extends the sunset date of the Illegal Fireworks Task Force from 6/30/2025 to 6/30/2030 and extends the annual reporting requirements to the Legislature. (CD1)

HB 806 (ACT 247) RELATING TO FIREWORKS
Appropriates funds to the Department of Law Enforcement to conduct fireworks sting operations and establish an explosives and firearms laboratory. (CD1)