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THE SENATE

S.B. NO.

1150

TWENTY-FIRST LEGISLATURE, 2001

 

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 396-9, 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 crime convicted of, and the details of the offense;

(B) Provide written authorization for the department to obtain a current criminal history record check.

(C) 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) above; or

(B) A criminal history record check reveals the applicant has been convicted of a crime 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 or renewal.

(6) A reconsideration decision shall become final unless appealed to the labor and industrial relations appeals 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 use or possess any explosives unless the person has a certificate of fitness or is using the explosives under the immediate supervision and direction of a holder of the certificate.

Any person who violates this section shall be subject to arrest and upon conviction, shall be fined not more than [$1,000] $2,000 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.

[(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 by the director. A national emergency or crisis shall be deemed to exist when it has been so determined under section 134-34.

[(f)] (g) 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."

SECTION 2. Statutory material to be repealed is bracketed. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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