STAND. COM. REP. NO.58-02
RE: H.B. No. 2565
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Your Committee on Public Safety and Military Affairs, to which was referred H.B. No. 2565 entitled:
"A BILL FOR AN ACT RELATING TO EXPLOSIVES,"
begs leave to report as follows:
The purpose of this bill is to:
(1) Require the reporting of inventories of explosive materials under the control of manufacturers, dealers, and users; and
(2) Provide penalties for those who do not comply with the reporting requirements.
The Department of the Attorney General, Department of Labor and Industrial Relations (DLIR), and Department of Public Safety supported this bill. The Legislative Information Services of Hawaii supported the intent of this bill, but recommended amendments. A concerned citizens opposed the bill.
Your Committee finds that after the September 11th terrorist attacks, it is more important than ever that the State keep close track of explosives in Hawaii to verify that the explosives will be used for legitimate purposes. At the same time, it is not the intent of your Committee to penalize licensed individuals possessing reasonable amounts of fireworks or explosive material used for sporting and recreational uses.
Accordingly, your Committee has amended this bill as follows:
(1) Exempting retailers of consumer fireworks or articles pyrotechnic from the reporting requirements;
(2) Exempting users possessing less than 100 pounds gross for all explosive materials or 500 pounds gross of consumer fireworks or articles pyrotechnic;
(3) Defining "consumer fireworks" and "articles pyrotechnic" based on their definitions in 27 C.F.R. section 55.11;
(4) Providing that the DLIR may require the counties to provide a complete inventory and location of consumer fireworks and articles pyrotechnic in the possession of any retailer licensed under chapter 132D, Hawaii Revised Statutes; and
(5) Making other technical, nonsubtantive amendments for style and clarity.
As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2565, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2565, H.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,
NESTOR GARCIA, Chair