HOUSE BILL REPORT

SSB 6530

As Amended by the House

BYSenate Committee on Law & Justice (originally sponsored by Senators Pullen, Halsan, Nelson and Garrett; by request of Department of Labor and Industries)

Revising procedures for explosives licensing.

House Committe on Commerce & Labor

Majority Report:  Do pass with amendments.  (11)

      Signed by Representatives Wang, Chair; Cole, Vice Chair; Fisher, Jones, R. King, O'Brien, Patrick, Sanders, Sayan, C. Smith and Walker.

House Staff:Joan Elgee (786-7166)

AS PASSED HOUSE MARCH 2, 1988

BACKGROUND:

Under the Washington State Explosives Act, facilities for the manufacture and storage of explosives must be located at specified distances from inhabited buildings, railroads, highways, and public utility transmission systems, and also from each other, depending on the quantity of explosives.  These quantity and distance tables are in statute and are also specified by regulations adopted by the Federal Bureau of Alcohol, Tobacco, and Firearms ("BATF"). 

The Department of Labor and Industries issues licenses to persons manufacturing, dealing in, purchasing, using, and storing explosives.  The license fees are set in statute.  The Department must issue a license to an applicant unless the applicant does not have sufficient experience or lacks suitable storage facilities, or has been convicted of a crime involving moral turpitude or has been disloyal to the United States Government.

SUMMARY:

The quantity and distance tables for the manufacture and storage of explosives are deleted from statute and the Department of Labor and Industries is directed to adopt the tables by rule.  The Department must adopt the tables promulgated by the Federal Bureau of Alcohol, Tobacco, and Firearms unless the Department determines the tables to be inappropriate.

An applicant for an explosives license must submit to fingerprinting and a criminal history check.  Grounds for denial and revocation of a license are expanded and clarified. Licenses must be denied or revoked under specified conditions, including the conviction of a violent offense or if the person has been adjudged mentally ill.  Licenses must also be denied or revoked if the person was convicted of a drug or alcohol related offense, unless the offense does not reflect dependency.  The director may issue a license to a drug or alcohol dependent person if the person is participating in or has completed a recovery program and has established control of the dependency.

A person who manufactures, purchases, sells, uses, or stores any explosive without a validly issued license must surrender the explosives to the Department or law enforcement, and is guilty of a gross misdemeanor.

The fees for explosives licenses are adjusted.  The director of the Department may adjust the fees to reflect the administrative costs, not to exceed specified maximums.

Revenue:    The bill has a revenue impact.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Pete Schmidt and Alan Paja, Department of Labor and Industries.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The Department requests these changes to the explosives licensing laws.

House Committee - Testimony Against:      None Presented.