BILL REQ. #:  S-0296.1 

Read first time 01/19/11.   Referred to Committee on Labor, Commerce & Consumer Protection.

     AN ACT Relating to the licensing of explosive dealers, manufacturers, sellers, and storage; and amending RCW 70.74.120, 70.74.137, 70.74.140, 70.74.142, 70.74.144, 70.74.146, 70.74.150, 70.74.360, and 70.74.380.

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

Sec. 1   RCW 70.74.120 and 1988 c 198 s 6 are each amended to read as follows:
     All persons engaged in keeping or storing and all persons having in their possession explosives on August 11, 1969, shall within sixty days thereafter, and all persons engaging in keeping or storing explosives or coming into possession thereof after August 11, 1969, shall before engaging in the keeping or storing of explosives or taking possession thereof, make an application in writing subscribed to by such person or ((his)) the person's agent, to the department of labor and industries stating:
     (1) The location of the magazine, if any, if then existing, or in case of a new magazine, the proposed location of such magazine;
     (2) The kind of explosives that are kept or stored or possessed or intended to be kept or stored or possessed and the maximum quantity that is intended to be kept or stored or possessed thereat;
     (3) The distance that such magazine is located or intended to be located from other magazines, inhabited buildings, explosives manufacturing buildings, railroads, highways and public utility transmission systems;
     (4) The name and address of the applicant;
     (5) The reason for desiring to store or possess explosives;
     (6) The citizenship of the applicant if the applicant is an individual;
     (7) If the applicant is a partnership, the names and addresses of the partners and their citizenship;
     (8) If the applicant is an association or corporation, the names and addresses of the officers and directors thereof and their citizenship;
     (9) And such other pertinent information as the director of the department of labor and industries shall require to effectuate the purpose of this chapter.
     The department of labor and industries shall, as soon as may be after receiving such application, cause an inspection to be made of the magazine, if then constructed, and, in the case of a new magazine, as soon as may be after same is found to be constructed in accordance with the specification provided in RCW 70.74.025, such department shall determine the amount of explosives that may be kept and stored in such magazine by reference to the quantity and distance tables specified in or adopted under this chapter and shall issue a license to the person applying therefor if the applicant demonstrates that either the applicant or the officers, agents, or employees of the applicant are sufficiently experienced in the handling of explosives and possess suitable storage facilities therefor, and that the applicant meets the qualifications for a license under RCW 70.74.360. Said license shall set forth the maximum quantity of explosives that may be had, kept or stored by said person. Such license shall be valid until canceled for one or more of the causes hereinafter provided. Whenever by reason of change in the physical conditions surrounding said magazine at the time of the issuance of the license therefor, such as:
     (a) The erection of buildings nearer said magazine;
     (b) The construction of railroads nearer said magazine;
     (c) The opening for public travel of highways nearer said magazine; or
     (d) The construction of public utilities transmission systems near said magazine; then the amounts of explosives which may be lawfully had, kept or stored in said magazine must be reduced to conform to such changed conditions in accordance with the quantity and distance table notwithstanding the license, and the department of labor and industries shall modify or cancel such license in accordance with the changed conditions. Whenever any person to whom a license has been issued, keeps or stores in the magazine or has in his or her possession, any quantity of explosives in excess of the maximum amount set forth in said license, or whenever any person fails for thirty days to pay the ((annual)) license fee hereinafter provided after the same becomes due, the department is authorized to cancel such license. Whenever a license is canceled by the department for any cause herein specified, the department shall notify the person to whom such license is issued of the fact of such cancellation and shall in said notice direct the removal of all explosives stored in said magazine within ten days from the giving of said notice, or, if the cause of cancellation be the failure to pay the ((annual)) license fee, or the fact that explosives are kept for an unlawful purpose, the department of labor and industries shall order such person to dispossess himself or herself of said explosives within ten days from the giving of said notice. Failure to remove the explosives stored in said magazine or to dispossess oneself of the explosives as herein provided within the time specified in said notice shall constitute a violation of this chapter.

Sec. 2   RCW 70.74.137 and 2008 c 285 s 5 are each amended to read as follows:
     Every person applying for a purchaser's license, or renewal thereof, shall pay ((an annual)) a license fee of twenty-five dollars. The director of labor and industries may adjust the amount of the license fee to reflect the administrative costs of the department. The fee shall not exceed one hundred dollars.
     Said license fee shall accompany the application and shall be transmitted by the department to the state treasurer: PROVIDED, That if the applicant is denied a purchaser's license the license fee shall be returned to said applicant by registered mail.

Sec. 3   RCW 70.74.140 and 2008 c 285 s 6 are each amended to read as follows:
     Every person engaging in the business of keeping or storing of explosives shall pay ((an annual)) a license fee for each magazine maintained, to be graduated by the department of labor and industries according to the quantity kept or stored therein, of fifty dollars. The director of labor and industries may adjust the amount of the license fee to reflect the administrative costs of the department. The fee shall not exceed four hundred dollars.
     Said license fee shall accompany the application and shall be transmitted by the department to the state treasurer.

Sec. 4   RCW 70.74.142 and 2008 c 285 s 7 are each amended to read as follows:
     Every person applying for a user's license, or renewal thereof, under this chapter shall pay ((an annual)) a license fee of fifty dollars. The director of labor and industries may adjust the amount of the license fee to reflect the administrative costs of the department. The fee shall not exceed two hundred dollars.
     Said license fee shall accompany the application, and be transmitted by the department to the state treasurer: PROVIDED, That if the applicant is denied a user's license the license fee shall be returned to said applicant by registered mail.

Sec. 5   RCW 70.74.144 and 2008 c 285 s 8 are each amended to read as follows:
     Every person engaged in the business of manufacturing explosives shall pay ((an annual)) a license fee of fifty dollars. The director of labor and industries may adjust the amount of the license fee to reflect the administrative costs of the department. The fee shall not exceed two hundred dollars.
     Businesses licensed to manufacture explosives are not required to have a dealer's license, but must comply with all of the dealer requirements of this chapter when they sell explosives.
     The license fee shall accompany the application and shall be transmitted by the department to the state treasurer.

Sec. 6   RCW 70.74.146 and 2008 c 285 s 9 are each amended to read as follows:
     Every person engaged in the business of selling explosives shall pay ((an annual)) a license fee of fifty dollars. The director of labor and industries may adjust the amount of the license fee to reflect the administrative costs of the department. The fee shall not exceed two hundred dollars.
     Businesses licensed to sell explosives must comply with all of the dealer requirements of this chapter.
     The license fee shall accompany the application and shall be transmitted by the department to the state treasurer.

Sec. 7   RCW 70.74.150 and 1931 c 111 s 14 are each amended to read as follows:
     The department of labor and industries shall make, or cause to be made, at least one inspection ((during)) every three years, of each licensed explosives plant or magazine.

Sec. 8   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, 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. Fingerprinting is not required if a person has had their fingerprints recorded with the department of labor and industries and the department is satisfied that those fingerprints are accurate and reliable for identification purposes. 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 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.
     (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 of a violent offense as defined in RCW 9.94A.030, 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 to be mentally ill or insane, or to be incompetent due to any mental disability or disease and who has not at the time of application been restored to competency.
     (3) The director of labor and industries may establish reasonable licensing fees for the manufacture, dealing, purchase, use, and storage of explosives.

Sec. 9   RCW 70.74.380 and 1988 c 198 s 9 are each amended to read as follows:
     ((With the exception of storage licenses for permanent facilities, every)) A license issued under the authority of this chapter shall expire after ((one)) three years from the date issued unless suspended or revoked. The director of labor and industries may ((extend)) limit the duration of storage licenses for ((permanent)) temporary facilities to ((two years provided)) one year if the location, distances, and use of the facilities ((remain unchanged)) can be changed. The fee for the ((two-year)) one-year storage license shall be ((twice)) one-third the ((annual)) normal fee.