Allows the Department to obtain national criminal background checks prior to issuance or renewal of a Certificate of Fitness for users, dealers, and storers of explosives. Imposes reporting requirement on individuals who purchase, use or store explosive materials.
TWENTY-SECOND LEGISLATURE, 2003
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO EXPLOSIVES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 396-3, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Explosive" means any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion, i.e., with substantially instantaneous release of gas and heat, unless such compound, mixture, or device is otherwise specifically classified by the United States Department of Transportation in Title 49 Code of Federal Regulations subpart B, chapter 1. The term shall include all material which is classified as class A, class B, and class C explosives by the United States Department of Transportation, and includes, but is not limited to dynamite, black powder, pellet powders, initiating explosives, blasting caps, electric blasting caps, safety fuse, fuse lighters, fuse igniters, squibs, cordeau detonant fuse, instantaneous fuse, igniter cord, igniters, small arms ammunition, small arms ammunition primers, smokeless propellant, cartridges for propellant-actuated power devices, and cartridges for industrial guns."
SECTION 2. Section 396-9, Hawaii Revised Statutes, is amended to read as follows:
"§396-9 Explosives. (a) No person shall use, store, or deal in explosives unless the person has first obtained a certificate of fitness. A certificate of fitness shall only be issued to an individual and shall set forth the individual's competency and provide for the individual's positive identification. Certificates of fitness may be limited as to types or kinds of explosives or to the use of explosives for specific purposes.
(b) The department shall develop procedures for obtaining verifiable information regarding the criminal history of persons applying for certificates of fitness to use, store, or deal in explosives, and renewals of the certificate of fitness. For the purposes of this section, "criminal history record check" means an examination or search for evidence of an individual's criminal history conducted through the files maintained by the Hawaii criminal justice data center and a search of an individual's fingerprints in the Federal Bureau of Investigation criminal history record files and, if found, an analysis and any other information available pertaining thereto.
(1) The applicant shall:
(A) Provide a sworn statement indicating whether or not the applicant has ever been convicted of an offense punishable by imprisonment, the offense convicted of, and the details of the offense;
(B) Provide written authorization for the department to obtain a current criminal history record check;
(C) Consent and submit to fingerprinting for the purpose of the Federal Bureau of Investigation criminal history record check; and
(D) Authorize a search for the applicant's fingerprints in the Federal Bureau of Investigation criminal history files and, if found, an analysis and other information available pertaining thereto.
(2) The applicant shall pay any reasonable fees charged by the Hawaii criminal justice data center for criminal history record checks.
(3) The department may refuse to certify, may refuse to renew, or may revoke a certification if:
(A) The applicant refuses to comply with paragraph (1) or (2) above; or
(B) A criminal history record check reveals the applicant has been convicted of an offense punishable by imprisonment and which directly relates to the applicant's possible performance under the certificate applied for and where the applicant has not been sufficiently rehabilitated to warrant the public trust.
(4) The information obtained as a result of or contained in a criminal history record check shall be used exclusively for the purposes of this section.
(5) Any decision of the department shall become final unless the applicant requests a reconsideration or reopening within twenty calendar days of receipt of the notice denying certification, renewal, or revocation.
(6) A reconsideration decision shall become final unless appealed to the Hawaii labor relations board within twenty calendar days of receipt of such decision.
(b)] (c) No dealer shall sell or deliver explosives to any person who does not hold a certificate of fitness.
(c)] (d) It shall be unlawful for any person to knowingly use or possess any explosives or explosive materials [ unless the person has] without a certificate of fitness [ or] unless the person is using the explosives under the immediate supervision and direction of a holder of the certificate[ .], or to knowingly sell or deliver explosives to any person who does not hold a certificate of fitness.
Any person who violates this [
section] subsection shall be [ subject to arrest and upon conviction, shall be fined not more $1,000 or imprisoned not more than one year, or both, provided that an employer or an employee acting within the scope of employment shall not be deemed to be in violation of this section] guilty of a class C felony.
(d)] (e) Any certificate of fitness issued under this section may be revoked or suspended by the director on any ground specified in the rules adopted under this chapter, or for any violation of this section.
(e)] (f) Any certificate issued under this section, during any time of national emergency or crisis, may be suspended or [ canceled] revoked by the director. A national emergency or crisis shall be deemed to exist when it has been so determined under section 134-34.
(g) Any 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 on hand.
(1) 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;
(2) The physical inventory shall include the quantities and types or kinds of explosive materials by location identified in (1);
(3) The report shall be certified to be true and accurate by the person responsible for the safety and security of the explosive materials;
(4) Where applicable, the name and certificate of fitness number of the individual responsible for the explosives shall be provided on the report; and
(5) Any other such information as the director may require.
(6) Any person who violates or fails to comply with this subsection, shall be assessed a civil penalty as follows:
(A) A civil penalty of up to $10,000 shall be assessed for failure to comply with the reporting requirements of this subsection.
(B) A civil penalty of no less than $25,000 and no more than $100,000 shall be assessed for repeatedly failing to comply with the reporting requirements of this subsection.
(7) Civil penalties assessed under this subsection shall be paid to the department and may be recovered by civil action in the name of the department and the State brought in the district or circuit court where the violation is alleged to have occurred or where the individual, person or corporation has its principal office.
(h) This section shall not apply to individuals who purchase or use commercially manufactured black powder, in quantities of 50 pounds or less, solely for sporting, recreational, or cultural purposes for use in antique firearms or antique devices outside of Federal controls.
(f)] (i) This section shall not apply to the armed forces of the United States, to employees of the United States, or the state or county police or fire departments who are authorized to handle explosives[ .] and who are acting within the scope of their assigned responsibilities."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.