Report Title:
Relating to Explosives
Description:
Requires the reporting of inventories of explosives under the control of manufacturers, dealers, and users, and provides for penalties for those who do not comply.
|
THE SENATE |
S.B. NO. |
2823 |
|
TWENTY-FIRST LEGISLATURE, 2002 |
||
|
STATE OF HAWAII |
||
|
|
A BILL FOR AN ACT
RELATING TO EXPLOSIVES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to require the reporting of inventories of explosives under the control of manufacturers, dealers, and users, and provide for penalties for those who do not comply with this requirement.
SECTION 2. Chapter 353C, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:
"§353C- List of explosive materials. Notwithstanding any law to the contrary, the director may approve a list defining items as explosive materials without regard to the requirements of chapter 91.
§353C- Explosive materials; reporting requirement. (a) Each 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.
(b) 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.
(c) The physical inventory shall include the quantities and types or kinds of explosive materials at locations identified in subsection (b).
(d) The report shall be certified to be true and accurate by the person responsible for the safety and security of the explosive materials.
(e) When applicable, the name and certificate of fitness number of the individual responsible for the explosive material shall be provided on the report.
(f) The report shall include any other such information as the director may require.
(g) This section shall not apply to the armed forces of the United States, to employees of the United States, or the state and county police or fire departments who are authorized to handle explosives.
(h) Notwithstanding any law to the contrary, the director may exempt users who possess small amounts of explosive materials from some or all of the requirements of this section through policies and procedures.
(i) The reports must be received by the director by the fifteenth day of April for the year's first quarter, the fifteenth day of July for the year's second quarter, the fifteenth day of October for the year's third quarter, and the fifteenth day of January for the year's fourth quarter. If the due date falls on a weekend or a holiday, the due date is the first business day following the weekend or holiday.
§353C- Failure to file accurate explosive materials report. (a) A person commits the offense of failure to file accurate explosive materials report if the person is required by this chapter to file an explosive materials report and the person intentionally, knowingly, or recklessly:
(1) Fails to file the required report on or prior to the due date;
(2) Files a report that includes inaccurate information; or
(3) Files a report that omits required information.
(b) Failure to file accurate explosive materials report is a violation for which the penalty shall be a fine of not less than $1,000 and not more than $10,000.
(c) Each failure to file a report and each filing of a report that includes inaccurate information or omits required information shall be a separate offense.
(d) Notwithstanding any law to the contrary, the statute of limitations for this offense is five years."
SECTION 3. Section 353C-1, Hawaii Revised Statutes, is amended by adding new definitions to be appropriately inserted and to read as follows:
""Dealer" means a person engaged in the business of distributing explosive materials.
"Explosive material" means any item defined as an explosive material on a list published by the Bureau of Alcohol, Tobacco, and Firearms or any item defined as an explosive material on a list approved by the director.
"Manufacturer" means a person engaged in the business of manufacturing explosive materials.
"User" means any person other than a manufacturer or dealer who possesses explosive material."
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on January 1, 2003.
|
INTRODUCED BY: |
_____________________________ |