Report Title:

Fireworks; Dealer Reporting Requirements

 

Description:

Reinstates requirement that explosives dealers report to director of DLIR monthly regarding sales information.

 

THE SENATE

S.B. NO.

847

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) No dealer shall sell or deliver explosives to any person who does not hold a certificate of fitness.

(c) Dealers shall file a report with the director at the end of each calendar month, giving in the report the names of all purchasers and the amount and description of all explosives, including pyrotechnics, sold or delivered and any other information that the director may require. The director shall share this information with the fire department or fireworks records auditor of each county.

[(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 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 and stricken. New statutory material is underscored.

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

INTRODUCED BY:

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