STAND. COM. REP. NO.3053

Honolulu, Hawaii

, 2002

RE: H.B. No. 2565

H.D. 2

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committees on Transportation, Military Affairs and Government Operations and Tourism and Intergovernmental Affairs, to which was referred H.B. No. 2565, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO EXPLOSIVES,"

beg leave to report as follows:

The purpose of this measure is to require the reporting of inventories of explosives under the control of manufacturers, dealers, and users, and provides for penalties for those who do not comply.

Your Committees received testimony in support of the measure from the Department of Public Safety, Attorney General, and Legislative Information Services of Hawaii.

Your Committees find that after September 11, 2001, the State was not able to readily respond to federal requests concerning the locations of explosive materials in the islands. In light of the potential for explosives to fall into the wrong hands, the Department of Public Safety recommends that the manufacturers, dealers, and users be required to submit quarterly reports reflecting the inventories on hand. H.B. No. 2565, as originally drafted, negatively impacted licensed persons with reasonable amounts of fireworks and those using explosive materials for sporting and recreational reasons. H.B. No. 2565, H.D. 2, exempts these activities from reporting requirements. The measure also allows the Department of Labor and Industrial Relations to require the counties to provide a complete inventory and locations of consumer fireworks and articles pyrotechnic in the possession of any retailer licensed under chapter 132D, Hawaii Revised Statutes.

Your Committees have amended the measure by replacing its contents with those of S.B. 2823, S.D. 1, which differs from H.B. No. 2565, H.D.2, in that it:

(1) Deletes a subsection allowing the Department of Labor and Industrial Relations to require the counties to provide a complete inventory and locations of consumer fireworks and articles pyrotechnic in the possession of any retailer licensed under chapter 132D, Hawaii Revised Statutes;

(2) Deletes definitions for "articles pyrotechnic" and "consumer fireworks" as references to both were only made in the deleted subsection mentioned in paragraph (1) above; and

(3) Makes technical nonsubstantive differences that more accurately reflect preferred drafting style.

As affirmed by the records of votes of the members of your Committees on Transportation, Military Affairs and Government Operations and Tourism and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2565, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2565, H.D. 2, S.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Transportation, Military Affairs and Government Operations and Tourism and Intergovernmental Affairs,

____________________________

DONNA MERCADO KIM, Chair

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CAL KAWAMOTO, Chair