Joint committees pass package of fireworks enforcement bills with amendments

Three bills aimed at strengthening enforcement against illegal fireworks advanced out of joint committees on public safety, military affairs and judiciary on March 13, with members approving amendments meant to narrow legal exposure and clarify implementation.

Committee leaders said the measures, taken together, are intended to improve evidence gathering, fund targeted enforcement work and create an administrative adjudication path for fireworks infractions. Supporters included the Department of Law Enforcement, county police and fire chiefs; opponents included the Office of the Public Defender, the Libertarian Party of Hawaii and some small fireworks vendors.

The first measure, House Bill 550, House Draft 2, would allow recordings made by law enforcement unmanned aerial vehicles (UAVs) to be used to establish probable cause for fireworks arrests when the recording shows activity on public property and would have appropriated funds for DLE to buy UAVs. Testimony in committee underscored constitutional concerns: Haley Chang, First Deputy, Office of the Public Defender, told the panel that “probable cause is always subject to judicial scrutiny” and warned that a statutory mandate that drone recordings “shall establish probable cause” would raise constitutional issues. Deputy Director Jared Ridula of the Department of Law Enforcement said the department supports the bill to remove uncertainty produced by case law and that DLE already owns “more than one” drone and uses them mainly for tactical purposes rather than evidence gathering.

Senators moved to amend HB 550 by replacing statutory language that would have required drone recordings to establish probable cause with wording that would allow an aerial vehicle to be used to establish probable cause pursuant to chapter 803; the committee also deleted a second appropriation section and retained an effective date. The committee report will note that DLE does not require additional funding for the drone authority item. Following debate the committee voted to pass HB 550 HD2 as amended.

The second bill, HB 806 HD1, appropriates funds for DLE to conduct counter‑fireworks sting operations on Oahu. Committee discussion focused on defining “sting operation.” Deputy Director Ridula said the term covers a range of investigative techniques that can include deception and undercover work, and that it would help to define the term in the bill so that allocated funding is used in the way the Legislature intends. Police testimony (Major Randall Platt, Honolulu Police Department) supported the appropriation for operations that can be costly when done undercover. The committee approved HB 806 HD1 with amendments, an effective date of July 1, 2025 and technical fixes.

The third measure, HB 1483 HD1, would create an adjudication system and procedures for fireworks infractions, amend definitions and penalties for fireworks offenses (including heightened penalties when substantial bodily injury, serious bodily injury or death occur), and appropriate funds. Deputy Attorney General Trisha Nakamatsu and Attorney General Anne Lopez testified in support and described the bill as a package that “amend[s] the definitions… to facilitate more effective enforcement” when forensic evidence is not available after aerial fireworks explode. Opponents, including the Office of the Public Defender, urged caution on enhanced penalties for offenses that are infrequently prosecuted and on a concurrent civil/criminal adjudication provision. Representatives of local professional fireworks suppliers asked that the bill preserve a path for licensed professional displays and county permit systems.

Committee amendments accepted AG drafting suggestions, added permit‑cap language (the committees discussed and later modified caps and county authority), clarified county permitting authority and integrated fireworks infractions of similar severity into the state’s existing adjudication system in HRS chapter 291D. The committee passed HB 1483 HD1 as amended.

The committees also directed staff to include clarifying language in committee reports on permit limits, county authority to issue permits, and that some portions of the package are technical cleanups. Several lawmakers said they expect further edits at subsequent committee stops.

The measures now move to the next stage of floor or conference consideration with the committee recommendations and the technical amendments reflected in their reports.