BILL REQ. #:  Z-0889.1 

Read first time 01/22/08.   Referred to Committee on Labor, Commerce, Research & Development.

     AN ACT Relating to concerning fees for explosives licenses; amending RCW 70.74.137, 70.74.140, 70.74.142, 70.74.144, 70.74.146, and 70.74.360; and adding a new section to chapter 70.74 RCW.

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

Sec. 1   RCW 70.74.137 and 1988 c 198 s 12 are each amended to read as follows:
     Every person applying for a purchaser's license, or renewal thereof, shall pay an annual license fee of ((five)) 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 ((fifteen)) 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. 2   RCW 70.74.140 and 1988 c 198 s 13 are each amended to read as follows:
     Every person engaging in the business of keeping or storing of explosives shall pay an annual 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 ((ten)) 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 ((one)) four hundred dollars.
     Said license fee shall accompany the application and shall be transmitted by the department to the state treasurer.

Sec. 3   RCW 70.74.142 and 1988 c 198 s 14 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 license fee of ((five)) 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 ((fifteen)) two hundred dollars.
     Said license fee shall accompany the application, and be ((turned over)) 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. 4   RCW 70.74.144 and 1988 c 198 s 15 are each amended to read as follows:
     Every person engaged in the business of manufacturing explosives shall pay an annual license fee of ((twenty-five)) 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 ((fifty)) 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. 5   RCW 70.74.146 and 1988 c 198 s 16 are each amended to read as follows:
     Every person engaged in the business of selling explosives shall pay an annual license fee of ((twenty-five)) 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 ((fifty)) 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. 6   RCW 70.74.360 and 1988 c 198 s 3 are each amended to read as follows:
     (1) The director of labor and industries shall require, as a condition precedent to the original issuance or renewal 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. 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 ((may)) shall be required to pay ((a)) the current federal and state fee ((not to exceed twenty dollars to the agency that performs the fingerprinting and criminal history process)) 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.

NEW SECTION.  Sec. 7   A new section is added to chapter 70.74 RCW to read as follows:
     All funds collected by the department under RCW 70.74.137 through 70.74.146 and 70.74.360 shall be transferred to the state treasurer for deposit into the accident and medical aid funds under RCW 51.44.010 and 51.44.020.