SENATE BILL REPORT

SSB 6530

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

Senate Hearing Date(s):January 26, 1988; January 28, 1988

Majority Report:  That Substitute Senate Bill No. 6530 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Halsan, Hayner, Madsen, Nelson, Newhouse, Niemi, Talmadge.

Senate Staff:Jon Carlson (786-7459)

                  March 3, 1988

AS PASSED SENATE, FEBRUARY 15, 1988

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 (BATF).  At present, not all of the tables conform to the federal regulations.  Current 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 currently provide specific direction to the Department of Labor and Industries 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.

Under current law the Department of Labor and Industries must 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 BATF 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 of Labor and Industries 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 of Labor and Industries may adjust the amounts of license fees, not to exceed the statutory maximum,  to reflect the administrative costs of the Department.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 20, 1988

Senate Committee - Testified: Pete Schmidt, Department of Labor and Industries; Alan Paja, Department of Labor and Industries

HOUSE AMENDMENT:

The bill provides that the Department of Labor and Industries may not issue an explosives license to a person who is adjudged to be mentally ill or insane, or to be incompetent due to any mental disability or disease.  The striking amendment adds comparable language requiring the department to revoke the license of such a person.

The bill also amends the provisions for each category of licenses (e.g., manufacturer, dealer) to clarify and modify the grounds for issuance and denial of a license, but fails to make such changes to the storage license provision.  The striking amendment adds comparable language to the storage license provision.