Relating to Explosives
Requires the reporting of inventories of explosives under the control of manufacturers, dealers, and users, and provides for penalties for those who do not comply. Creates exemptions. (HB2565 HD2)
HOUSE OF REPRESENTATIVES
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO EXPLOSIVES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to require the reporting of inventories of explosives under the control of manufacturers, dealers, and users, and provide for penalties for those who do not comply with this requirement.
SECTION 2. Chapter 353C, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:
"§353C- List of explosive materials. Notwithstanding any law to the contrary, the director may approve a list defining items as explosive materials without regard to the requirements of chapter 91.
§353C- Explosive materials; reporting requirement; exemptions. (a) Each manufacturer, dealer, or user of explosive material shall file a report with the director quarterly that includes a true and accurate physical inventory of all explosive materials.
(b) The report shall include the locations where the explosive materials are stored or are located as of the last day of the quarter for which the report is being filed.
(c) The physical inventory shall include the quantities and types or kinds of explosive materials at locations identified in subsection (b).
(d) The report shall be certified to be true and accurate by the person responsible for the safety and security of the explosive materials.
(e) The name and certificate of fitness number of the individual responsible for the explosive material shall be provided on the report.
(f) The report shall include any other information as the director may require.
(g) This section shall not apply to:
(1) The armed forces of the United States;
(2) County police departments;
(3) County fire departments;
(4) Employees of the United States, State, or any county who are authorized to handle explosive materials; or
(5) Retailers of consumer fireworks or articles pyrotechnic.
(h) Notwithstanding any law to the contrary, the director, through policies and procedures, may exempt users who possess less than one hundred pounds gross for all explosive materials or five hundred pounds gross of consumer fireworks or articles pyrotechnic.
(i) The reports shall be received by the director by the fifteenth day of:
(1) April for the year's first quarter;
(2) July for the year's second quarter;
(3) October for the year's third quarter; and
(4) January for the year's fourth quarter.
If the due date falls on a weekend or a holiday, the due date is the first business day following the weekend or holiday.
(j) Upon the request of the department, the counties shall provide a complete inventory and location of consumer fireworks and articles pyrotechnic in the possession of any retailer licensed under chapter 132D. The report shall include the business name, place of business, and license number of each licensee.
§353C- Failure to an file accurate explosive materials report. (a) A person commits the offense of failure to file an accurate explosive materials report if the person is required by this chapter to file an explosive materials report and the person intentionally, knowingly, or recklessly:
(1) Fails to file the required report on or prior to the due date;
(2) Files a report that includes inaccurate information; or
(3) Files a report that omits required information.
(b) Failure to file an accurate explosive materials report is a violation for which the penalty shall be a fine of not less than $1,000 and not more than $10,000.
(c) Each failure to file a report and each filing of a report that includes inaccurate information or omits required information shall be a separate offense.
(d) Notwithstanding any law to the contrary, the statute of limitations for this offense is five years."
SECTION 3. Section 353C-1, Hawaii Revised Statutes, is amended by adding six new definitions to be appropriately inserted and to read as follows:
""Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use. This term includes articles meeting the weight limits for consumer fireworks but not labeled as such and classified by U.S. Department of Transportation regulations in 49 C.F.R. section 172.101 as UN0431 or UN0432.
"Consumer fireworks" means any small firework device designed to produce visible effects by combustion and that must comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Product Safety Commission, as set forth in 16 C.F.R. parts 1500 and 1507. This term includes small devices designed to produce audible effects, such as whistling devices, ground devices containing fifty milligrams or less of explosive materials, and aerial devices containing one hundred thirty milligrams or less of explosive materials. "Consumer fireworks" are classified by U.S. Department of Transportation regulations in 49 C.F.R. section 172.101 as UN0336 and UN0337. This term does not include fused set pieces containing components that together exceed fifty milligrams of salute powder.
"Dealer" means a person engaged in the business of distributing explosive materials.
"Explosive material" means any item defined as an explosive material on a list published by the Bureau of Alcohol, Tobacco, and Firearms or any item defined as an explosive material on a list approved by the director.
"Manufacturer" means a person engaged in the business of manufacturing explosive materials.
"User" means any person other than a manufacturer or dealer who possesses explosive material."
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on January 1, 2003.