H-1957.1

HOUSE BILL 2133

ByRepresentative Steele

AN ACT Relating to the Washington state explosives act; amending RCW 70.74.360 and 70.74.370; adding a new section to chapter 70.74 RCW; and prescribing penalties.

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

Sec. 1. RCW 70.74.360 and 2009 c 39 s 1 are each amended to read as follows:

(1) The director of labor and industries shall require, as a condition precedent to the original issuance ((and upon renewal every three years thereafter)) of any explosive license, fingerprinting and criminal history record information checks of every applicant. ((In the case of a corporation,))Upon yearly renewal, a criminal background check of every licensee must be made using the information provided with their application, verified by fingerprints, that is reflected on their license. Fingerprinting and criminal history record information checks shall be required for the management officials directly responsible for the operations where explosives are used if such persons have not previously had their fingerprints recorded with the department of labor and industries((. In the case of a partnership, fingerprinting and criminal history record information checks shall be required of all general partners))for all privately held companies, corporations, partnerships, and public organizations. Such fingerprints as are required by the department of labor and industries shall be submitted ((on forms provided by the department)) to the identification section of the Washington state patrol and to the identification division of the federal bureau of investigation on the form they specify to use in order that these agencies may search their records for prior convictions of the individuals fingerprinted. The Washington state patrol shall provide to the director of labor and industries such criminal record information as the director may request. The applicant shall give full cooperation to the department of labor and industries and shall assist the department of labor and industries in all aspects of the fingerprinting and criminal history record information check. The applicant shall be required to pay the current federal and state fee for ((fingerprint-based)) criminal history background checks of themselves and their employees.

(2) The director of labor and industries shall not issue a license to manufacture, purchase, store, use, or deal with explosives to:

(a) Any person under twenty-one years of age;

(b) Any person whose license is suspended or whose license has been revoked, except as provided in RCW 70.74.370;

(c) Any person who ((has been convicted)) in this state or elsewhere:

(i) Has been convicted of a ((violent))felony offense ((as defined in RCW 9.94A.030,));

(iv) Has been convicted of perjury, false swearing, or bomb threats or a crime involving a schedule I or II controlled substance, or any other drug or alcohol related offense, unless such other drug or alcohol related offense does not reflect a drug or alcohol dependency. However, the director of labor and industries may issue a license if the person suffering a drug or alcohol related dependency is participating in or has completed an alcohol or drug recovery program acceptable to the department of labor and industries and has established control of their alcohol or drug dependency. The director of labor and industries shall require the applicant to provide proof of such participation and control; ((or))

(d) Any person who has previously been ((adjudged))found by duly appointed mental health authorities or courts in this state or elsewhere to be ((mentally ill or insane))an individual with mental illness, or to be incompetent due to any mental ((disability or disease))illness, intellectual disability, or impairment as defined in RCW 49.60.040(7) whose condition prohibits access to explosives or other dangerous items or materials in the interest of public safety and who has not at the time of application been restored to competency by the authority having jurisdiction over the case; or

(e) Any person dishonorably discharged from the armed forces of the United States.

(3) Persons denied licensing for any reason must be notified in writing by the department.

(5) The director of labor and industries may establish reasonable licensing fees for the manufacture, dealing, purchase, use, and storage of explosives.

Sec. 2. RCW 70.74.370 and 1997 c 58 s 872 are each amended to read as follows:

(1) The department of labor and industries shall revoke and not renew the license of any person holding a manufacturer, dealer, purchaser, user, or storage license upon conviction of any of the following offenses, which conviction has become final:

(a) A ((violent offense as defined in RCW 9.94A.030))felony under the laws of this state or any out-of-state offense that under the laws of this state would be a felony;

(b) A crime involving perjury or false swearing, including the making of a false affidavit or statement under oath or the omission of a required report to the department of labor and industries in an application or report made pursuant to this title;

(c) A crime involving bomb threats;

(d) A crime involving a schedule I or II controlled substance, or any other drug or alcohol related offense, unless such other drug or alcohol related offense does not reflect a drug or alcohol dependency. However, the department of labor and industries may condition renewal of the license to any convicted person suffering a drug or alcohol dependency who is participating in an alcoholism or drug recovery program acceptable to the department of labor and industries and has established control of their alcohol or drug dependency. The department of labor and industries shall require the licensee to provide proof of such participation and control;

(e) A crime relating to possession, use, transfer, or sale of explosives under this chapter or any other chapter of the Revised Code of Washington;

(g) A crime resulting in punishment that includes a dishonorable discharge from the armed forces of the United States.

(2) The department of labor and industries shall revoke the license of any person ((adjudged))found by duly appointed mental health authorities or courts in this state or elsewhere to be ((mentally ill or insane))an individual with mental illness, or to be incompetent due to any mental ((disability or disease))illness, intellectual disability, or impairment as defined in RCW 49.60.040(7) whose condition prohibits access to explosives or other dangerous items or materials in the interest of public safety. The director shall not renew the license until the person has been restored to competency by the authority having jurisdiction over the case.

(3) The department of labor and industries is authorized to suspend, for a period of time not to exceed six months, the license of any person who has violated this chapter or the rules promulgated pursuant to this chapter.

(4) The department of labor and industries may revoke the license of any person who has repeatedly violated this chapter or the rules promulgated pursuant to this chapter, or who has twice had his or her license suspended under this chapter.

(5) The department of labor and industries shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order ((or a residential or visitation order)). ((If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department of labor and industries' receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.))

(6) The department of labor and industries shall immediately suspend the license or certificate of a person who has been, under the laws of this state or any out-of-state court:

(10) Upon receipt of notification by the department of labor and industries of revocation or suspension, a licensee must surrender immediately to the department any or all such licenses revoked or suspended.

NEW SECTION.  Sec. 3. A new section is added to chapter 70.74 RCW to read as follows:

(1) Persons denied licensing by any condition identified in RCW 70.74.360(2) (b) through (d) may request a review of the decision by the board of industrial insurance appeals for relief from the denial of licensing within thirty days of notification by the department of labor and industries. The person requesting relief must prove that:

(a) The circumstances, their reputation, and record are such that they will not be likely to act in a manner dangerous to public safety; and

(b) The granting of such relief is not contrary to the public interest.

(2) A person whose license is denied or suspended for any condition identified in RCW 70.74.370 (1), (2), or (6) must request relief from the court that is conducting the proceedings for continued use, possession, manufacture, sale, and/or purchase of explosives. That court shall determine whether:

(a) The circumstances, their reputation, and record are such that they will not be likely to act in a manner dangerous to public safety; and

(b) The granting of such relief is not contrary to the public interest.

(3) Persons requesting relief for denial or suspension of licensing who are also permitted the use or access to explosives by the federal bureau of alcohol, tobacco, firearms and explosives must present proof of relief from disability as provided in 18 U.S.C. Sec. 1102 Part 845 at every hearing. For those whose relief from disability is denied or withdrawn, no further relief may be considered in this state.

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