HOUSE OF REPRESENTATIVES |
H.B. NO. |
2502 |
THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to fireworks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that, despite criminal laws prohibiting the use of aerials and other fireworks, their use and popularity have grown in leaps and bounds 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 create a civil cause of action that may be brought by any person, other than an officer or employee of the State or 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 attorney's 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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Fireworks Control Law; Civil Liability
Description:
Creates a
civil cause of action that may be brought by any person, other than an officer or employee of the State or a local governmental
entity in the State, for
certain violations or aiding or abetting certain violations of the Fireworks Control
Law, with statutory damages.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.