FINAL BILL REPORT

SSB 6530

                                  C 198 L 88

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.

Senate Committee on Law & Justice

House Committe on Commerce & Labor

SYNOPSIS AS ENACTED

BACKGROUND:

Under the Washington State Explosives Act, the manufacture and storage of explosives must be located at certain distances from inhabited buildings, railroads, highways, and public utility transmission systems.  These quantity and distance tables are established by statute and are required to conform with regulations promulgated by the Federal Bureau of Alcohol, Tobacco, and Firearms.  At present, not all of the tables conform to the federal regulations.  The law allows the Director of the Department of Labor and Industries to waive state safety requirements regarding distance tables on a case-by-case basis when there is compliance with the federal safety standards.  It is suggested that the director be allowed to conform the state safety standards by rule for the entire industry rather than solely on a case-by-case basis.

The explosives statute does not provide specific direction to the department as to which license applications should be granted or rejected.  Language is necessary to ensure that correct and appropriate criminal records are provided to the department prior to issuance of any requested license.

The law requires the department to request legislation whenever changes in the fee schedule for the explosives licensing program become necessary.  It is suggested that the statute be amended to allow the director some additional flexibility with regard to licensing fees.

SUMMARY:

The quantity and distance tables that regulate the manufacture and storage of explosives are adopted by the Department of Labor and Industries by rule.  The department must adopt the quantity and distance tables promulgated by the Federal Bureau of Alcohol, Tobacco and Firearms unless the department determines the tables to be inappropriate.

An explosives license applicant must submit to a fingerprinting and criminal history check, as must corporations' management officials when they are responsible for explosives operations.  The director is required to deny or revoke an explosives license under various enumerated conditions, including violent offenses, perjury, bomb threats, and certain drug and alcohol-related offenses.

A person who manufactures, purchases, sells, uses, or stores any explosive without having a validly issued license is guilty of a gross misdemeanor.  The person then must immediately surrender all such explosives to the department or law enforcement.

Fees for explosives licenses are adjusted.  The director may adjust the amounts of license fees, not to exceed the statutory maximum, to reflect the administrative costs of the department.

VOTES ON FINAL PASSAGE:

      Senate    42     0

      House 98   0 (House amended)

      Senate    40     0 (Senate concurred)

EFFECTIVE:June 9, 1988