REPORT TITLE:
Criminal checks; Explosives


DESCRIPTION:
Allows DLIR to obtain national criminal background checks before
issuance for a certificate of fitness for users, dealers, and
storers of explosives. (HB2561 HD1)

 
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                                                        2561
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CRIMINAL HISTORY RECORD CHECKS FOR USERS OF
   EXPLOSIVES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 396-9, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§396-9  Explosives.(a)  No person shall use, store, or
 
 4 deal in explosives unless the person has first obtained a
 
 5 certificate of fitness.  A certificate of fitness shall only be
 
 6 issued to an individual and shall set forth the individual's
 
 7 competency and provide for the individual's positive
 
 8 identification.  Certificates of fitness may be limited as to
 
 9 types or kinds of explosives or to the use of explosives for
 
10 specific purposes.
 
11      (b)  The department shall develop procedures for obtaining
 
12 verifiable information regarding the criminal history of persons
 
13 applying for or renewing certificates of fitness to use, store,
 
14 or deal in explosives.  For the purposes of this section,
 
15 "criminal history record check" means an examination or search
 
16 for evidence of an individual's criminal history conducted by the
 
17 Hawaii criminal justice data center and a search of an
 
18 individual's fingerprints in the Federal Bureau of Investigation
 

 
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Page 2                                                     2561
                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1 criminal history record files and, if found, an analysis and any
 
 2 other information available pertaining thereto.
 
 3      (1)  The applicant shall:
 
 4           (A)  Provide a sworn statement indicating whether or
 
 5                not the person has ever been convicted of an
 
 6                offense punishable by imprisonment, the crime
 
 7                convicted of, and the details of the offense;
 
 8           (B)  Provide written authorization for the department
 
 9                to obtain a current criminal history record check;
 
10           (C)  Submit to fingerprinting for the purpose of the
 
11                Federal Bureau of Investigation criminal history
 
12                record check; and
 
13           (D)  Authorize a search for the applicant's
 
14                fingerprints in the Federal Bureau of
 
15                Investigation criminal history files and, if
 
16                found, an analysis and other information available
 
17                pertaining thereto;
 
18      (2)  The applicant shall pay any reasonable fees charged by
 
19           the Hawaii criminal justice data center for criminal
 
20           history record checks;
 
21      (3)  The department may refuse to certify, may refuse to
 
22           renew, or may revoke a certification if:
 

 
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Page 3                                                     2561
                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1           (A)  The applicant refuses to comply with paragraph
 
 2                (1); or
 
 3           (B)  A criminal history record check reveals that the
 
 4                applicant or holder has been convicted of a crime
 
 5                punishable by imprisonment that directly relates
 
 6                to the applicant's or holder's possible
 
 7                performance under the certificate applied for and
 
 8                the applicant has not been sufficiently
 
 9                rehabilitated to warrant the public trust;
 
10      (4)  The information obtained as a result of or contained in
 
11           a criminal history record check shall be used
 
12           exclusively for the purposes of this section;
 
13      (5)  Any decision of the department shall become final
 
14           unless the applicant or holder requests a
 
15           reconsideration or reopening within twenty calendar
 
16           days of receipt of the notice denying certification,
 
17           renewal, or revoking a certificate of fitness;
 
18      (6)  A reconsideration decision shall become final unless
 
19           appealed to the labor and industrial relations appeals
 
20           board within twenty calendar days of receipt of such
 
21           decision.
 
22      [(b)] (c)  No dealer shall sell or deliver explosives to any
 
23 person who does not hold a certificate of fitness.
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1      [(c)] (d)  It shall be unlawful for any person to use or
 
 2 possess any explosives unless the person has a certificate of
 
 3 fitness or is using the explosives under the immediate
 
 4 supervision and direction of a holder of the certificate.
 
 5      Any person who violates this section shall be subject to
 
 6 arrest and upon conviction, shall be fined not more than $1,000
 
 7 or imprisoned not more than one year, or both, provided that an
 
 8 employer or an employee acting within the scope of employment
 
 9 shall not be deemed to be in violation of this section.
 
10      [(d)] (e)  Any certificate of fitness issued under this
 
11 section may be revoked or suspended by the director on any ground
 
12 specified in the rules adopted under this chapter, or for any
 
13 violation of this section.
 
14      [(e)] (f)  Any certificate issued under this section, during
 
15 any time of national emergency or crisis, may be suspended or
 
16 canceled by the director.  A national emergency or crisis shall
 
17 be deemed to exist when it has been so determined under section
 
18 134-34.
 
19      [(f)] (g)  This section shall not apply to the armed forces
 
20 of the United States, to employees of the United States, or the
 
21 state or county police or fire departments who are authorized to
 
22 handle explosives."
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1      SECTION 2.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 3.  This Act shall take effect upon its approval. 
 

 
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