| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 06, 2010 |
referred to labor |
| Apr 07, 2009 |
referred to labor |
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Senate Bill S4023
2009-2010 Legislative Session
Relates to explosives
download bill text pdfSponsored By
(R, C, Ind) Senate District
Archive: Last Bill Status - In Senate Committee Labor Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S4023 (ACTIVE) - Details
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd Lab L, generally
2009-S4023 (ACTIVE) - Summary
Relates to explosives; establishes that a license to own and possess explosives shall not permit the licensee to manufacture, sell, give or transfer ownership of any class of explosive; defines pyrotechnics dealer manufacturer, low explosives dealer manufacturer; establishes regulations to own and possess low explosives and explosives handlers licenses and establishes applications and fees
2009-S4023 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4023
TITLE OF BILL :
An act to amend the labor law, in relation to explosives
PURPOSE :
To amend Article 16 of the Labor Law with regard to the ownership,
manufacture, possession, storage, use, transportation, purchase, sale
or gift of explosives.
SUMMARY OF PROVISIONS :
This bill would amend various sections of Article 16 of the Labor Law
as follows:
Amends Section 450 to permit members of duly constituted police and
firefighters to take possession of explosives without a license while
in the performance of their official duties in order to remove the
explosives from an unsafe location.
Amends Section 450 to exempt persons holding current federal
pyrotechnics or explosives license or permit issued by the Bureau of
Alcohol, Tobacco, Firearms and Explosives.
Amends Section 451 to add definitions for explosives dealer
manufacturer; low explosives dealer manufacturer; explosives handler
license; own and possess explosives license; own and possess low explosives license; high explosives; low explosives; and pyrotechnics. Defines display fireworks, public display of fireworks, and private display of fireworks. Amends Section 453 to provide that explosives that are not stored in a magazine will be deemed to present an imminent hazard and are subject to seizure and destruction under Section 460.5. Amends Section 453 to exempt persons and businesses holding current federal pyrotechnics or explosives license or permit issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and such materials are stored in an appropriate magazine as specified, approved and inspected by the permitting authority. Harmonizes state magazine requirements with federal safety and security requirements. Amends Section 455 to provide that no individual shall access the contents of a magazine unless they have a license or are under the direct supervision of a license holder. It provides for two exceptions employees of retail establishments where black and/or smokeless powder is sold will not be required to have a license where a responsible employee, manager or owner has a valid license. In addition, employees of an explosive manufacturer, while on the grounds of a manufacturing facility where the owner has a current license, will not be required to have a license while working in the manufacturing process. Adds a new Section 457, which requires that if a magazine is moved from the location for which it was certified by the Commissioner and is to be in that new location for more than 24 hours, the Commissioner must be notified no later than one business day prior to the move. Amends Section 458 to more clearly define own and possess explosive license and explosive dealer manufacturer license; adds pyrotechnic dealer manufacturer license, low explosive dealer manufacturer license, own and possess low explosive license and explosive handler's license; sets the license period to three years; prescribes the application process and required fees; provides that the required fingerprint check also be done through the Federal Bureau of Investigation; requires that the chief elected official, when notified by the department of the issuance of a license or certificate for their municipality, shall provide such information to the fire, police and emergency medical services of the municipality. Amends Section 459 with regard to denial and revocation of licenses or certificates. Amends Section 463 to provide that appeals of an order of the commissioner shall be commenced pursuant to article seventy-eight of the Civil Practice Law and Rules and shall be commenced in the appellate division of the Supreme Court. Amends Section 464 to provide for civil penalties for violation of the article. Also makes technical amendments to the following sections: 454, 456, 460, 461, and 462. EXISTING LAW : Article 16 provides for the regulation of explosive material and the requirements for licenses and certificates for possession of such material and the penalty for violating the article. JUSTIFICATION : This article was last amended in 1989, and some sections have not been amended since 1949. It is important to recognize the significant changes that have taken place in the explosive industry and, with regard to domestic safety and security, in federal regulation as a result of the 2003 implementation of the federal Safe Explosives Act of 2002. Therefore it is imperative at this time that the current state regulatory framework affecting the explosives industry be revised to reflect the differences between high and low explosives manufacture and use and to harmonize state explosives industry regulation with current federal regulatory oversight. Following the events of 9/11, and in accordance with Congressionally-mandated reevaluation of federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) licensing directives, the Bureau now requires full licensing and reporting for intrastate possession and use of explosive materials. These new requirements became effective with the passage of the Safe Explosives Act of 2002, which amends Title XI of the Organized Crime Control Act of 1970. The new law constitutes a major policy revision with respect to previous federal regulation of only interstate activities in this area. Prior to implementation of the Safe Explosives Act, a federal permit to purchase explosive materials was necessary if a person wished to transport, ship, or receive explosives in interstate commerce. A permit, however, was not necessary for persons acquiring or using explosives within their own State of residence. The new federal legislation, which took effect on May 24, 2003, now requires that any person who wishes to transport, ship, cause to be transported, or receive explosive materials in either interstate or intrastate commerce must first obtain a federal permit issued by ATF. The new federal legislation also requires all applicants for explosives licenses or permits, and their employees, if any, submit photographs and fingerprints of responsible persons to ATF for the purpose of performing background checks. Additionally a person receiving explosive material in interstate or intrastate commerce will have to undergo a background check conducted by ATF. Under the new federal regulations many of the existing State of New York licensing provisions have become duplicative of existing federal requirements. State licensing can be a significant burden on pyrotechnic display businesses and professional display subcontractors operating in the State. Elimination of duplicative State pyrotechnic licensing removes this burden from businesses operating in New York State, in turn promoting business growth and employment. Federal explosives licensing now fully encompasses licensee qualification and storage safety issues and the deletion of State pyrotechnic regulation will have no appreciable impact on industry or individuals' safety. The State DOL licensing scheme is also deficient with regard to low explosive use, such as black powder. Under the current state licensing structure, anyone who has a state Own and Possess license can purchase any type of explosives that they wish. For example, an individual can represent himself to be a gun dealer who wishes to sell black powder in his shop. Once that individual has a license he is free to buy and sell dynamite or any other type of high or low explosive desired. This change would restrict the gunshop owner to only purchase low explosives. By providing for differing classes of license, persons will be able to engage in the businesses they have historically operated, while recognizing that there is a difference between low and high explosives. In addition, by requiring that anyone that handles or transports explosives for their employer to have a license, the department will be required to perform a background check and be assured that the individuals who are handling or transporting such material do not have a criminal background. LEGISLATIVE HISTORY : S.4816 in 2006-07, Senate Labor Committee S.7283 in 2008, Senate Rules Committee FISCAL IMPLICATIONS : There may be some increase in fees collected due to changes in the Section 458 fee structure. The significant costs associated with duplicating federal oversight for low explosives users will be eliminated. EFFECTIVE DATE : This act shall take effect on the one hundred eightieth day after it shall have become a law, however, all licenses and certificates issued pursuant to article 16 of this chapter prior to the effective date of this act shall remain in full force until such licenses and certificates expire.
2009-S4023 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4023
2009-2010 Regular Sessions
I N S E N A T E
April 7, 2009
___________
Introduced by Sen. WINNER -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to explosives
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 450 of the labor law, as amended by chapter 809 of
the laws of 1949, subdivision 2 as amended by chapter 1022 of the laws
of 1970, is amended to read as follows:
S 450. Application of article. 1. This article shall apply to persons
engaged in the manufacture, ownership, possession, storage, use, trans-
portation, purchase, sale or gift of explosives as defined in subdivi-
sion one of section four hundred fifty-one OF THIS ARTICLE.
2. This article shall not apply to explosives while being transported
in conformity with federal law or regulations, nor except as may be
herein otherwise provided to persons who manufacture, own, possess,
store, use, transport, purchase, sell or give explosives within the
territorial boundaries of cities having more than one million inhabit-
ants, [nor to] OR TO ANY OF THE FOLLOWING WHILE IN THE PERFORMANCE OF
THEIR OFFICIAL DUTIES: the armed forces of the United States, the
national guard, the state guard and duly constituted police and fire-
fighting forces of the state and its civil and political subdivisions.
3. [For all purposes of this article, explosives in the possession of
an employee within the scope of his duties, shall be considered to be in
the possession of the employer.] THE PROVISIONS OF THIS SECTION SHALL
NOT APPLY TO MANUFACTURING, PURCHASE, OWNERSHIP, POSSESSION, USE, TRANS-
PORTATION, SALE, TRANSFER, DISPOSAL, OR DESTRUCTION OF PYROTECHNICS BY
THOSE PERSONS, ENTITIES OR BUSINESSES THAT HOLD A CURRENT FEDERAL PYRO-
TECHNICS OR EXPLOSIVES LICENSE OR PERMIT ISSUED BY THE FEDERAL BUREAU OF
ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. ADDITIONALLY, ANY INDIVIDUAL
WHO HOLDS A FEDERAL EXPLOSIVES LICENSE OR PERMIT SHALL BE ALLOWED TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11006-01-9
S. 4023 2 POSSESS, STORE AND USE "CONSUMER FIREWORKS" AND/OR "ARTICLES PYROTECH- NIC" AS CLASSIFIED BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION. S 2. Section 451 of the labor law, as amended by chapter 809 of the laws of 1949, subdivision 1 as amended by chapter 220 of the laws of 1974 and subdivision 11 as renumbered by chapter 1022 of the laws of 1970, is amended to read as follows: S 451. Definitions. Whenever used in this article: 1. "Explosives" means gunpowder, powders used for blasting, high explosives, blasting materials, detonating fuses, detonators and other detonating agents, smokeless powder and any chemical compound or any mechanical mixture containing any oxidizing and combustible units, or other ingredients in such proportions, quantities, or packing that ignition by fire, fric- tion, concussion, percussion or detonation of any part thereof may CAUSE and is intended to cause an explosion, but shall not include gasoline, kerosene, naphtha, turpentine, benzine, acetone, ethyl ether, benzol and all quantities of black powder not exceeding five pounds for use in firing of antique firearms or artifacts or replicas thereof. Fixed ammu- nition and primers for small arms, [fire-crackers,] safety fuses and matches shall not be deemed to be explosives when, [as may be determined by the board in its rules] AS PROVIDED BY REGULATION, the individual units contain any of the above-mentioned articles or substances in such limited quantity, of such nature and so packed that it is [impossible] HIGHLY UNLIKELY to produce an explosion of such units to the injury of life, limb or property. 2. "Highway" means any public street, public highway, public alley or navigable [stream] WATERWAY, which is open for traffic. Navigable [streams] WATERWAYS shall be considered as only those [streams] suscep- tible of being used, in their ordinary condition, as highways of commerce. 3. "Railroad" or "railway" means any railroad which carries passengers OR FREIGHT for hire, but shall not include auxiliary tracks, spurs and sidings installed and primarily used in serving any mine, quarry or plant. 4. "Building" means any building regularly occupied in whole or in part as a habitation for human beings, and any church, school house, railway station or other building or place where people are accustomed to live, work or assemble, but does not mean or include any of the buildings of a manufacturing plant where the business of manufacturing explosives is carried on. 5. "Explosives factory" means any building or other structure in which the manufacture of explosives or any part of the manufacture thereof is carried on. 6. "Magazine" means any building or other structure, other than an explosives factory, used to store explosives. 7. "Efficient barricade" means natural features of the ground, a dense woods, an artificial mound or a properly revetted wall of earth not less than three feet thick at the top, spaced at least three feet at the bottom from any explosives factory or magazine, the height of which is such that any straight line drawn from the top of any side wall of the explosives factory or magazine to the top of a building or to a point twelve feet above the center of a railroad or highway to be protected will pass through such intervening barricade. 8. "Person" includes any natural person, partnership, association or corporation. S. 4023 3 9. "[Manufacturer] EXPLOSIVES DEALER MANUFACTURER" means any person who is engaged in the [manufacture] BUYING, SELLING, MANUFACTURING or [production of] PRODUCING ANY CLASS OF explosives. 10. ["Dealer" means any person engaged in the business of buying and selling explosives. 11. A "farmer" is a person who occupies and cultivates land.] "LOW EXPLOSIVES DEALER MANUFACTURER" MEANS ANY PERSON WHO IS ENGAGED IN THE BUYING AND SELLING OR MANUFACTURING OF LOW EXPLOSIVES SUCH AS BLACK OR SMOKELESS POWDER FOR USE IN ANTIQUE WEAPONS OR REPLICAS OR FOR OTHER SPORTING PURPOSES. 11. "PYROTECHNICS DEALER MANUFACTURER" MEANS ANY PERSON WHO IS ENGAGED IN THE MANUFACTURING, BUYING AND/OR SELLING OF LOW EXPLOSIVES FOR THE PURPOSE OF MANUFACTURING OR SALE OF PYROTECHNICS FOR THE DISPLAY OF FIREWORKS. 12. "DISPLAY OF FIREWORKS" MEANS ANY USE OF FIREWORKS AND/OR PYROTECH- NICS WHERE ONE OR MORE PEOPLE OBSERVE SUCH FIREWORKS AND/OR PYROTECH- NICS. 13. "PUBLIC DISPLAY OF FIREWORKS" MEANS A DISPLAY OF FIREWORKS THAT IS DIRECTLY SUPERVISED BY A PYROTECHNIC OPERATOR LICENSED IN ACCORDANCE WITH ALL APPLICABLE LAWS AND IS EITHER SPONSORED AND/OR CONDUCTED BY A MUNICIPALITY OR GOVERNMENT ENTITY OR USES PUBLIC PROPERTY OR REAL ESTATE TO CONDUCT THE DISPLAY, OR A DISPLAY OF FIREWORKS ON PRIVATE LAND WHERE THE FIREWORKS DISPLAY IS ADVERTISED TO THE PUBLIC AT LARGE BY EITHER PRINT MEDIA, BROADCAST MEDIA OR BOTH. 14. "PRIVATE DISPLAY OF FIREWORKS" MEANS A DISPLAY OF FIREWORKS THAT IS DIRECTLY SUPERVISED BY A PYROTECHNIC OPERATOR LICENSED IN ACCORDANCE WITH ALL APPLICABLE LAWS AND IS EITHER SPONSORED AND/OR CONDUCTED BY A PRIVATE PERSON, GROUP, OR ENTITY AND USES PRIVATE PROPERTY OR REAL ESTATE TO CONDUCT THE DISPLAY, AND WHERE THE ON-SITE OBSERVERS OF THE FIREWORKS DISPLAY ARE LIMITED TO THOSE SPECIFIC PERSONS INVITED FOR AN EVENT OR SERIES OF EVENTS WHICH INCLUDE SUCH FIREWORKS DISPLAY. 15. "EXPLOSIVES HANDLER LICENSE" MEANS A CLASS OF EXPLOSIVES LICENSE WHEREIN THE LICENSEE IS ALLOWED UNSUPERVISED ACCESS OR UNSUPERVISED CUSTODY TO EXPLOSIVES IN THE POSSESSION OF HIS/HER EMPLOYER AND THE EMPLOYER POSSESSES A VALID LICENSE ISSUED BY THE COMMISSIONER, WHICH ALLOWS THE EMPLOYER TO MANUFACTURE, OWN, POSSESS, BUY, SELL, PURCHASE, TRANSFER, TRANSPORT, AND/OR DESTROY EXPLOSIVES. 16. "OWN AND POSSESS EXPLOSIVES LICENSE" MEANS A CLASS OF EXPLOSIVES LICENSE WHEREIN THE LICENSEE MAY PURCHASE, OWN, TRANSPORT, POSSESS, USE, DISPOSE OF AND DESTROY ANY CLASS OF EXPLOSIVES IN ACCORDANCE WITH THIS ARTICLE. IT SHALL NOT PERMIT THE LICENSEE TO MANUFACTURE, SELL, GIVE OR TRANSFER OWNERSHIP OF ANY CLASS OF EXPLOSIVES. 17. "OWN AND POSSESS LOW EXPLOSIVES LICENSE" MEANS A CLASS OF EXPLOSIVES LICENSE WHEREIN THE LICENSEE MAY PURCHASE, OWN, TRANSPORT, POSSESS, USE, DISPOSE OF AND DESTROY ANY LOW EXPLOSIVES IN ACCORDANCE WITH THIS ARTICLE. IT SHALL NOT PERMIT THE LICENSEE TO MANUFACTURE, SELL, GIVE OR TRANSFER OWNERSHIP OF ANY LOW EXPLOSIVES. 18. "HIGH EXPLOSIVES" MEANS EXPLOSIVE MATERIALS THAT CAN BE CAUSED TO DETONATE BY MEANS OF A BLASTING CAP WHEN UNCONFINED AS, FOR EXAMPLE, DYNAMITE. 19. "LOW EXPLOSIVES" MEANS EXPLOSIVE MATERIALS THAT CAN BE CAUSED TO DEFLAGRATE WHEN CONFINED AS, FOR EXAMPLE, SMOKELESS OR BLACK POWDER. 20. "PYROTECHNICS" MEANS ANY COMBUSTIBLE OR EXPLOSIVE COMPOSITIONS OR MANUFACTURED ARTICLES DESIGNED AND PREPARED FOR THE PURPOSE OF PRODUCING AUDIBLE OR VISIBLE EFFECTS THAT ARE COMMONLY REFERRED TO AS FIREWORKS, INCLUDING SIGNALING DEVICES SUCH AS FLARES AND FUSES. S. 4023 4 S 3. Section 452 of the labor law, as amended by chapter 190 of the laws of 1989, is amended to read as follows: S 452. Packing and labeling. No person shall own, possess, store, deal in, sell, give or purchase explosives unless the packing, or encasement, and the marking and labeling of such explosives shall comply with the [rules of the board] REGULATIONS PROMULGATED HEREUNDER. S 4. Section 453 of the labor law, as added by chapter 809 of the laws of 1949, the second undesignated paragraph as amended by chapter 190 of the laws of 1989, is amended to read as follows: S 453. Storage. No person shall store explosives except in a magazine constructed [and], located AND CERTIFIED in accordance with the provisions of this article and the [rules of the board and unless a certificate, which] REGULATIONS PROMULGATED HEREUNDER. THE MAGAZINE CERTIFICATE shall be attached to the magazine on the inside [thereof, has been issued for] OF EACH such magazine. No person shall store more than three hundred thousand pounds of explosives in any one magazine at any time. EXPLOSIVES NOT STORED IN COMPLIANCE WITH THIS PARAGRAPH SHALL BE DEEMED TO PRESENT AN IMMINENT HAZARD TO EMERGENCY RESPONDERS AND OTHER PERSONS LAWFULLY FREQUENTING THE AREA AND ARE SUBJECT TO SEIZURE AND DESTRUCTION UNDER SUBDIVISION FIVE OF SECTION FOUR HUNDRED SIXTY OF THIS ARTICLE. This section shall not apply to explosives while being legally blasted or while legally in the custody of a common carrier awaiting shipment or delivery to a consignee during the time permitted by federal law; nor to the storage of such limited amount of sporting or smokeless powders as may be permitted by the [rules of the board] REGULATIONS PROMULGATED HEREUNDER. S 5. Section 454 of the labor law, as amended by chapter 477 of the laws of 1943, is amended to read as follows: S 454. Construction of magazines. Unless otherwise prescribed by the [board in its rules] REGULATIONS PROMULGATED HEREUNDER, magazines in which explosives shall be lawfully kept or stored shall be constructed of brick, concrete, [iron] METAL or wood covered with [iron] METAL, and shall have no openings except for ventilation and entrance. All EXPLOSIVES magazines, except those in mines and tunnels, shall be located above ground. All EXPLOSIVES magazines shall be kept clean and dry at all times. S 6. Section 455 of the labor law, as amended by chapter 809 of the laws of 1949, is amended to read as follows: S 455. Magazine precautions. 1. No [person] INDIVIDUAL shall unlock [or], open the doors of, OR ACCESS THE CONTENTS OF, EXPLOSIVES maga- zines, [except] UNLESS A LICENSE HAS BEEN ISSUED THEREFOR TO THE INDI- VIDUAL BY THE COMMISSIONER AS PROVIDED FOR IN THIS ARTICLE OR THE INDI- VIDUAL IS UNDER THE DIRECT SUPERVISION OF A LICENSE HOLDER. NO EMPLOYER SHALL ALLOW ANY INDIVIDUAL ACCESS TO THEIR EXPLOSIVES MAGAZINES OR EXPLOSIVES UNLESS A LICENSE HAS BEEN ISSUED THEREFOR TO THE INDIVIDUAL BY THE COMMISSIONER AS PROVIDED FOR IN THIS ARTICLE OR THE INDIVIDUAL IS UNDER THE DIRECT SUPERVISION OF A LICENSE HOLDER. 2. EXCEPTIONS. (A) IN THE CASE OF EMPLOYEES OF RETAIL ESTABLISHMENTS WHERE BLACK AND/OR SMOKELESS POWDER IS SOLD AND WHERE STORAGE IS LIMITED TO FIFTY POUND INDOOR STORAGE MAGAZINES AND AN ON-SITE RESPONSIBLE EMPLOYEE, MANAGER OR OWNER HAS A VALID EXPLOSIVES DEALER MANUFACTURING LICENSE ISSUED BY THE COMMISSIONER, SUCH EMPLOYEES, WHILE PERFORMING THEIR ASSIGNED DUTIES FOR SUCH STORE, SHALL NOT BE REQUIRED TO HAVE A LICENSE. THE MATERIAL SHALL BE STORED IN A MAGAZINE CERTIFIED BY THE COMMISSIONER AND SUCH EXPLOSIVES SHALL BE CONSIDERED AT ALL TIMES TO BE S. 4023 5 IN THE POSSESSION OF THE EMPLOYER. THE LICENSEE SHALL BE RESPONSIBLE FOR TRAINING EMPLOYEES IN THE PROPER STORAGE AND HANDLING OF THE EXPLOSIVE MATERIALS AND SHALL BE RESPONSIBLE FOR ENSURING THAT EMPLOYEES COMPLY WITH THIS ARTICLE. (B) IN THE CASE OF EMPLOYEES OF AN EXPLOSIVES MANUFACTURER, WHILE PERFORMING THEIR ASSIGNED DUTIES WITHIN AND UPON THE GROUNDS OF A MANU- FACTURING FACILITY UNDER THE SUPERVISION OF A PERSON POSSESSING A CURRENT EXPLOSIVES DEALER MANUFACTURERS LICENSE ISSUED BY THE COMMIS- SIONER, SUCH EXPLOSIVES SHALL BE CONSIDERED TO BE IN THE POSSESSION OF THE EMPLOYER AND SUCH EMPLOYEES SHALL NOT BE REQUIRED TO POSSESS A LICENSE. (C) EXPLOSIVES MAGAZINES SHALL ONLY BE OPENED TO ALLOW for the lawful storage or removal of explosives. (D) No person shall have matches or fire of any kind in any magazine. No person shall store or keep blasting caps, detonating or fulminating caps, or detonators in a magazine in which any other type of explosive is stored or kept. No person shall open any package of explosives within fifty feet of any magazine, nor shall any explosives be kept in a maga- zine except in the original containers. No person shall discharge firearms within five hundred feet of a magazine or explosives factory, or at or against any such building or magazine. Any theft or loss of explosives from a storage magazine or otherwise, shall immediately be reported to the [industrial] commissioner and the state or local police or county sheriff. S 7. Section 456 of the labor law, as amended by chapter 461 of the laws of 1950, is amended to read as follows: S 456. Location of magazines. The quantity of explosives that may be stored in any explosives factory or magazine shall depend upon its distances from the nearest building, railroad or highway or other maga- zine. The distances that a quantity of explosives may be stored from the nearest magazine, building, railroad or highway, shall be as determined by the [rules of the board] REGULATIONS PROMULGATED HEREUNDER. All such distances may be reduced one-half when the magazine, building, railroad or highway to be protected is adequately screened from the explosives factory or magazine by an efficient barricade as defined in subdivision seven of section four hundred fifty-one OF THIS ARTICLE. S 8. The labor law is amended by adding a new section 457 to read as follows: S 457. RELOCATION OF MAGAZINES. 1. WHEN ANY MAGAZINE IS MOVED FROM THE LOCATION FOR WHICH IT WAS CERTIFIED ACCORDING TO SECTION FOUR HUNDRED FIFTY-SIX OF THIS ARTICLE AND THE MAGAZINE IS OR IS INTENDED TO BE USED FOR THE STORAGE OF EXPLOSIVES AND WILL BE IN THE NEW LOCATION FOR MORE THAN TWENTY-FOUR HOURS, THE COMMISSIONER SHALL BE NOTIFIED AS TO THE NEW LOCATION OF THE MAGAZINE. SUCH NOTIFICATION SHALL BE MADE NO LATER THAN ONE BUSINESS DAY PRIOR TO THE MOVE. THE NOTIFICATION SHALL CONTAIN ALL OF THE INFORMATION REQUIRED BY THE COMMISSIONER. 2. THIS PROVISION SHALL NOT APPLY WHERE THE RELOCATION HAS BEEN ORDERED BY POLICE, FIRE OR OTHER AUTHORIZED EMERGENCY PERSONNEL, OR WHERE THE CONTINUED STORAGE IN THE CURRENT LOCATION WOULD CONSTITUTE A THREAT TO LIFE OR PROPERTY. IN SUCH CASES THE COMMISSIONER SHALL BE NOTIFIED AS SOON AS PRACTICAL AFTER THE RELOCATION BUT IN NO CASE MORE THAN TWO BUSINESS DAYS FOLLOWING SUCH RELOCATION. 3. WHEN A MAGAZINE IS MOVED TO STORAGE, ABANDONED, SOLD OR REMOVED FROM SERVICE THE CERTIFICATE HOLDER SHALL NOTIFY THE COMMISSIONER WITHIN FIVE BUSINESS DAYS OF THE DATE THAT SUCH MAGAZINE WAS ABANDONED, MOVED S. 4023 6 TO STORAGE, SOLD, OR REMOVED FROM SERVICE AND SHALL SURRENDER THE CERTIFICATE TO THE COMMISSIONER. S 9. Section 458 of the labor law, as added by chapter 809 of the laws of 1949, subdivisions 1 and 2 as amended by chapter 61 of the laws of 1989, subdivision 3 as amended by section 10 of part A of chapter 57 of the laws of 2004, subdivision 4 as amended by chapter 164 of the laws of 2003, subdivisions 5, 6, 7 and 9 as added and subdivisions 10 and 11 as renumbered by chapter 1022 of the laws of 1970 and subdivision 8 as added by chapter 150 of the laws of 1971, is amended to read as follows: S 458. Licenses and certificates. 1. "OWN AND POSSESS EXPLOSIVES LICENSE." No person shall purchase, own, possess, transport [or], use, DISPOSE OF OR DESTROY explosives unless a license therefor shall have been issued as provided in this article. SUCH LICENSE SHALL NOT PERMIT THE LICENSEE TO MANUFACTURE, SELL, GIVE OR TRANSFER OWNERSHIP OF ANY CLASS OF EXPLOSIVES. [Application for such a license shall be made to the commissioner on forms provided and shall contain such information as the commissioner may require. Where the commissioner finds that the applicant has complied with the requirements of this article and the rules promulgated hereunder, the commissioner shall issue a license or renewal thereof which shall be valid for one year from the date of issuance. Such appli- cation and each renewal thereof shall be accompanied by a fee of fifty dollars non-refundable to be payable to the commissioner.] 2. "EXPLOSIVES DEALER MANUFACTURER LICENSE." No person shall [manufac- ture, deal in, sell, give or dispose] BUY, SELL, MANUFACTURE OR PRODUCE ANY CLASS of explosives unless a license therefor shall have been issued to such person for that purpose by the commissioner as provided in this article, nor shall any person sell, give or dispose of explosives to, or manufacture explosives for any person who does not hold a license as provided by [subdivision one of] this section. [Application for such a license, which shall be renewed annually, shall be made to the commissioner on forms provided and shall contain such information as the commissioner may require. The commissioner, after investigation of the application, shall issue a license or renewal thereof, which shall be valid for one year from the date of issuance, where the commissioner finds that the applicant has complied with the requirements of this article and the rules promulgated hereunder. Each application for such a license, or for its renewal, shall be accompanied by a fee of one hundred dollars non-refundable to be payable to the commissioner.] 3. "PYROTECHNICS DEALER MANUFACTURER LICENSE." NO PERSON SHALL MANU- FACTURE, BUY AND/OR SELL FINISHED PYROTECHNICS OR THEIR EXPLOSIVE COMPO- NENTS, UNLESS A LICENSE THEREFOR HAS BEEN ISSUED FOR THAT PURPOSE BY THE COMMISSIONER AS PROVIDED FOR IN THIS ARTICLE. 4. "LOW EXPLOSIVES DEALER MANUFACTURER LICENSE." NO PERSON SHALL BUY, SELL, MANUFACTURE OR PRODUCE LOW EXPLOSIVES SUCH AS BLACK OR SMOKELESS POWDER UNLESS A LICENSE HAS BEEN ISSUED THEREFOR BY THE COMMISSIONER AS PROVIDED FOR IN THIS ARTICLE. 5. "OWN AND POSSESS LOW EXPLOSIVES LICENSE." NO PERSON SHALL PURCHASE, OWN, POSSESS, TRANSPORT, USE, DISPOSE OF OR DESTROY ANY LOW EXPLOSIVES UNLESS A LICENSE HAS BEEN ISSUED THEREFOR BY THE COMMISSIONER AS PROVIDED FOR IN THIS ARTICLE. SUCH LICENSE SHALL NOT PERMIT THE LICENSEE TO MANUFACTURE, SELL, GIVE OR TRANSFER OWNERSHIP OF ANY LOW EXPLOSIVES. 6. "EXPLOSIVES HANDLERS LICENSE." NO INDIVIDUAL SHALL HAVE UNSUPER- VISED ACCESS TO OR UNSUPERVISED CUSTODY OF EXPLOSIVES ON BEHALF OF A LICENSE HOLDER UNLESS HE OR SHE HAS BEEN ISSUED AN EXPLOSIVES HANDLERS S. 4023 7 LICENSE BY THE COMMISSIONER AS PROVIDED FOR IN THIS ARTICLE. SUCH LICENSE SHALL NOT PERMIT THE LICENSEE TO PURCHASE, OWN, POSSESS, AND/OR USE EXPLOSIVES. 7. "APPLICATIONS." APPLICATION FOR ALL EXPLOSIVES LICENSES SHALL BE MADE TO THE COMMISSIONER ON FORMS PROVIDED AND SHALL CONTAIN SUCH INFOR- MATION AS THE COMMISSIONER MAY REQUIRE. WHERE THE COMMISSIONER FINDS THAT THE APPLICANT HAS COMPLIED WITH THE REQUIREMENTS OF THIS ARTICLE, THE RULES PROMULGATED HEREUNDER AND ALL OTHER APPLICABLE SECTIONS OF THIS CHAPTER AND REGULATIONS PROMULGATED BY THE COMMISSIONER, THE COMMISSIONER SHALL ISSUE A LICENSE OR RENEWAL THEREOF WHICH SHALL BE VALID FOR THREE YEARS FROM THE DATE OF ISSUANCE. SUCH APPLICATION AND EACH RENEWAL THEREOF SHALL BE ACCOMPANIED BY A NON-REFUNDABLE FEE TO BE PAYABLE TO THE COMMISSIONER. THE LICENSE FEE SCHEDULE SHALL BE SUBJECT TO THE DISCRETION OF THE COMMISSIONER AND NOT LESS THAN THE FOLLOWING AMOUNTS: (A) OWN AND POSSESS EXPLOSIVES LICENSE - ONE HUNDRED DOLLARS; (B) EXPLOSIVES DEALER MANUFACTURER LICENSE - ONE THOUSAND DOLLARS; (C) PYROTECHNICS DEALER MANUFACTURER LICENSE - ONE HUNDRED DOLLARS; (D) LOW EXPLOSIVES DEALER MANUFACTURER LICENSE - FIFTY DOLLARS; (E) OWN AND POSSESS LOW EXPLOSIVES LICENSE - FIFTY DOLLARS; (F) EXPLOSIVES HANDLERS LICENSE - FIFTY DOLLARS. 8. "EXPLOSIVES MAGAZINE CERTIFICATE." No person shall keep or store explosives unless a certificate therefor shall have been issued by the commissioner as herein provided, but this requirement shall not apply to the storage [at any one time by farmers of two hundred pounds or less of blasting explosives for agricultural purposes] OF PYROTECHNIC MATERIALS BY THOSE PERSONS AND BUSINESSES THAT HOLD A VALID PYROTECHNICS OR EXPLOSIVES LICENSE OR PERMIT ISSUED BY THE FEDERAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, AND SUCH MATERIALS ARE STORED IN AN APPROPRIATE MAGAZINE AS SPECIFIED, APPROVED AND INSPECTED BY THE PERMIT- TING AUTHORITY. SUCH PERSONS OR BUSINESSES SHALL NOTIFY THE COMMISSIONER AND THE AUTHORITY HAVING JURISDICTION FOR FIRE SAFETY IN THE LOCALITY IN WHICH SUCH MATERIALS ARE BEING STORED OF THE TYPE, MAGAZINE CAPACITY, AND LOCATION OF EACH SITE WHERE SUCH MATERIALS ARE STORED. SUCH NOTIFI- CATION SHALL BE MADE ORALLY TO THE AUTHORITY HAVING JURISDICTION FOR FIRE SAFETY IN THE LOCALITY BEFORE THE END OF THE DAY AND IN WRITING TO THE COMMISSIONER AND THE AUTHORITY HAVING JURISDICTION FOR FIRE SAFETY IN THE LOCALITY WITHIN FORTY-EIGHT HOURS FROM THE TIME SUCH STORAGE COMMENCED. Application for such a certificate shall be made to the commissioner on forms provided and shall contain such information as the commissioner may require. The commissioner, where it is found that the applicant has complied with the requirements of this article, and the rules promulgat- ed hereunder and all other applicable sections of this chapter and regu- lations promulgated by the commissioner, shall issue a certificate or a renewal thereof, which shall be valid for [one year] THREE YEARS from the date of issuance. In addition to any other causes for revocation of a certificate hereinafter provided, the commissioner may revoke or modi- fy such certificate because of any change in the conditions under which it was granted, or for failure to pay the annual fee hereinafter provided. The owner or user of a magazine shall annually pay to the commissioner in advance a fee, subject to the discretion of the commis- sioner and not less than fifty dollars, which shall be proportioned according to the quantity and type of explosives authorized by the certificate to be stored in the magazine. S. 4023 8 [4.] 9. An application for a license or a certificate pursuant to [subdivision] SUBDIVISIONS one[, two or three] THROUGH EIGHT of this section shall be sworn to under oath and shall contain information sufficient to identify the applicant, INCLUDING, BUT NOT LIMITED TO THE FINGERPRINTS OF THE APPLICANT, and the purpose for which and the place where the explosives are to be used, manufactured, dealt in, given, disposed of or stored, as the case may be, and to demonstrate the eligi- bility of such applicant for the license or certificate requested. [The commissioner may require that the application include, among other things, photographs, fingerprints and personal references.] Such finger- prints shall be submitted to the division of criminal justice services for a state criminal history record check, as defined in subdivision one of section three thousand thirty-five of the education law, and may be submitted to the federal bureau of investigation for a national criminal history record check. ANY APPLICATION FOR A LICENSE, CERTIFICATE OR REGISTRATION REQUIRED TO BE FILED WITH THE DEPARTMENT PURSUANT TO THIS SECTION MAY, IN LIEU OF BEING SWORN UNDER OATH, BE SUBSCRIBED BY THE APPLICANT AND AFFIRMED BY HIM OR HER AS TRUE UNDER PENALTIES OF PERJURY. [5.] 10. Before a license or certificate is issued, the commissioner shall investigate the eligibility of the applicant. The commissioner shall have the authority to request and receive from any department, division, board, bureau, commission or agency of the state or local government thereof such assistance and information as will enable [him] THE COMMISSIONER TO properly and effectively [to] carry out [his] THE powers and duties ASSIGNED under this article. [6.] 11. (a) The investigation prescribed in subdivision [five] TEN of this section may include, but is not limited to the following: (1) a personal interview of the applicant by a designated agent of the commissioner if the commissioner is unable to make a determination on the basis of the factors contained in the application; (2) an examination as to the applicant's knowledge and ability with respect to basic safety precautions in the possession, handling, stor- age, and transportation of explosives, and for such purpose the commis- sioner may prescribe tests which the applicant shall be required to pass as a prerequisite to the issuance of the license or certificate. The test may be administered by any person or agency designated by the commissioner. (b) The investigation prescribed in subdivision [five] TEN of this section shall include a report from the New York state identification and intelligence system, and such other identification services of the state or federal government as may be necessary or appropriate for this purpose. STATE AND NATIONAL CRIMINAL HISTORY RECORD CHECKS MUST BE PERFORMED CONSISTENT WITH THE PROCEDURE ESTABLISHED IN SUBDIVISION NINE OF THIS SECTION. [7. The commissioner may waive any of the procedures set forth in subdivision six (a) of this section with respect to any applicant who has a license or certificate which was issued pursuant to this section at anytime prior to March first, nineteen hundred seventy, and which was legally valid and effective on such date. The commissioner also may waive fingerprinting of an applicant who has a valid license for a pistol or revolver in accordance with section 400.00 of the penal law. 8.] 12. Exceptions. Except for the provisions of subdivision [eleven] FIFTEEN OF THIS SECTION, this section shall not apply to [smokeless powder] INDIVIDUALS WHO ARE STORING LIMITED AMOUNTS OF SMOKELESS POWDER FOR PERSONAL SPORTING OR RECREATIONAL PURPOSES, AS DETERMINED BY THE COMMISSIONER. S. 4023 9 [9.] 13. Within thirty days after the issuance of a license or certif- icate under this section, the commissioner shall notify the chief execu- tive officer of the municipality where the licensee resides or where the certificate holder has his OR HER place of business of the issuance of such license or certificate, and provide such officer with such other information pertaining thereto [as the board may from time to time prescribe] AS THE COMMISSIONER MAY PRESCRIBE. THE CHIEF ELECTED OFFICIAL OF EACH MUNICIPALITY SHOULD PROVIDE SUCH INFORMATION TO THE FIRE, POLICE AND EMERGENCY MEDICAL SERVICES OF THE MUNICIPALITY. [10.] 14. Agencies of the United States, the state and its political and civil subdivisions which are subject to the requirements of this article and which, in the exercise of their functions, are required to purchase, own, store, use or transport explosives shall not be liable for the payment of any fee required by this section. [11.] 15. No explosives shall be sold, given or delivered to any [person] INDIVIDUAL under eighteen years of age, whether such [person] INDIVIDUAL is acting for himself, HERSELF or for another [person] INDI- VIDUAL, nor shall any such [person] INDIVIDUAL be eligible to obtain any license or certificate required under this section. S 10. Section 459 of the labor law, as added by chapter 809 of the laws of 1949, subdivision 1 as amended by chapter 1022 of the laws of 1970, is amended to read as follows: S 459. Denial or revocation of license or certificate. 1. DENIAL. A license or certificate, its renewal or continuation may be denied where the commissioner has probable reason to believe, based on knowledge or reliable information, or finds, after [due] investigation, that the applicant or any officer, servant, agent or employee of the applicant is not sufficiently reliable and experienced to be authorized to own, possess, store, transport, use, manufacture, deal in, sell, purchase or otherwise handle, as the case may be, explosives, lacks suitable facili- ties therefor, has been convicted of a [crime for which he has been sentenced to serve one or more years in prison] FELONY, is disloyal or hostile to the United States or has been confined as a patient or inmate in a public or private institution for the treatment of mental diseases. Whenever the commissioner denies an application for a license or certif- icate or the renewal thereof, [he shall,] within five days of such denial, [give] notice thereof and the reasons therefor SHALL BE PROVIDED in writing to the applicant [personally or by mail to the address given in the application]. Such denial may be appealed to the commissioner who shall follow the procedure provided by subdivision three of this section. 2. REVOCATION. The commissioner may revoke any certificate or license on any ground or grounds authorized in subdivision one of this section for the denial of a license or certificate, or for a violation of the terms of such license or certificate, or for a violation of any provision of this article or [of the rules of the board] REGULATIONS PROMULGATED HEREUNDER, or for non-compliance with any order issued by the commissioner within the time specified in such order. [Where the] THE commissioner [has probable reason to believe, based on knowledge or reliable information, that a licensee or certificate holder is disloyal to the United States, he may summarily revoke the license or certificate or may, in his discretion, give such licensee or certificate holder notice and opportunity to be heard as provided in subdivision three of this section] MAY, WHERE THERE IS REASON TO BELIEVE, BASED ON KNOWLEDGE OR RELIABLE INFORMATION, THAT A LICENSEE OR CERTIFICATE HOLDER IS DISLOYAL TO THE UNITED STATES, SUMMARILY REVOKE THE LICENSE OR S. 4023 10 CERTIFICATE OR MAY GIVE SUCH LICENSEE OR CERTIFICATE HOLDER NOTICE AND OPPORTUNITY TO BE HEARD AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION. Revocation of a license or certificate for any other ground may be ordered only after giving written notice and an opportunity to be heard to the holder thereof. Such notice [may be given to the holder personally or by mail and] shall specify the ground or grounds on which it is proposed to revoke the license or certificate. When a license or certificate is revoked, the commissioner may direct the SEIZURE AND/OR disposition of explosives held by such licensee or certificate holder. Upon revocation of a license or certificate by the commissioner, the holder thereof shall surrender [his] THE license or certificate to the commissioner at once. 3. Hearings. Unless, within fifteen days from the date of notice, the applicant for a license or certificate or the recipient of a notice stating that the commissioner proposes to revoke a license or certif- icate held by him OR HER, shall file a written answer with the commis- sioner denying the ground or grounds on which a license or certificate has been denied or ground or grounds on which revocation of a license or certificate is sought, and shall request a hearing, the commissioner may make a final determination respecting the application for a license or certificate, or may revoke a license or certificate forthwith. If, with- in such fifteen days, the applicant, licensee or certificate holder files such answer and request for hearing, the commissioner shall sched- ule a hearing. The notice of hearing shall state the time, place, and subject of the hearing, and shall be mailed to the applicant, certif- icate holder or licensee at his OR HER last known address at least five days before the date of hearing. Hearings shall be held by the commis- sioner or his OR HER representative, and the applicant, certificate holder or licensee may appear in person or may be represented by an agent. After such hearing, the commissioner shall render [his] A deci- sion in writing. S 11. Section 460 of the labor law, as added by chapter 809 of the laws of 1949, is amended to read as follows: S 460. Seizure, impounding, destruction or disposition of explosives. 1. The commissioner is hereby authorized and empowered, without applica- tion to any court, to seize and impound any explosives found within this state, except in cities having a population of more than one million inhabitants, which are in apparent violation of any of the provisions of this article, [rules of the board] REGULATIONS PROMULGATED HEREUNDER or laws or regulations of the federal government, or which have been aban- doned or lost, or where the commissioner has reason to believe that public safety is endangered by such explosives. Such explosives may be removed and transported by the commissioner and stored in magazines provided or obtained for that purpose by the state or by the commission- er. 2. The owner of such explosives may, within [five] FIFTEEN days of such seizure, make written demand upon the commissioner for a hearing. Upon such demand, the commissioner shall give the owner written notice [in person or by mail,] of the time and place of such hearing to be held not less than ten days thereafter. 3. (A) Where no hearing is demanded within the time herein prescribed [or where, after hearing,] AND the commissioner finds that there has been a violation of the provisions of this article, [rules of the board] REGULATIONS PROMULGATED HEREUNDER or laws or regulations of the federal government, [or] AND that public safety is endangered, [he] THE COMMIS- SIONER may destroy or order the destruction of such explosives WITHOUT S. 4023 11 HEARING AND WITHOUT LIABILITY, or direct such other disposition of the explosives [as he deems proper]. If the commissioner finds there has been no such violation and that public safety has not been endangered, [he shall return] such explosives SHALL BE RETURNED to the owner there- of. (B) WHERE A HEARING IS DEMANDED WITHIN THE TIME HEREIN PRESCRIBED, THE COMMISSIONER SHALL NOT BE ALLOWED TO DESTROY OR ORDER THE DESTRUCTION OF SUCH EXPLOSIVES UNTIL THE OWNER OF SUCH EXPLOSIVES HAS HAD THE OPPORTU- NITY TO APPEAL ALL ADMINISTRATIVE REMEDIES AND EXHAUST DUE PROCESS THROUGH JUDICIAL REVIEW. AFTER ALL SUCH REMEDIES HAVE BEEN EXHAUSTED, THE COMMISSIONER MAY THEN DESTROY OR ORDER THE DESTRUCTION OF SUCH EXPLOSIVES. IF THE COMMISSIONER FINDS THAT THERE HAS BEEN NO SUCH VIOLATION AND THAT PUBLIC SAFETY HAS NOT BEEN ENDANGERED, SUCH EXPLOSIVES SHALL BE RETURNED TO THE OWNER THEREOF. 4. Where such explosives have been abandoned or lost, and no claimant has appeared within thirty days, demanded the return of the explosives and proved, to the satisfaction of the commissioner, [his] THE CLAIM- ANT'S title to and right of possession of such explosives, the commis- sioner may destroy or direct the destruction thereof, or direct such other disposition thereof as [he deems] IS DEEMED proper. 5. Any provision herein to the contrary notwithstanding, where[, in the opinion of] the commissioner[,] DEMONSTRATES THAT the manufacture, condition, packing or location of explosives is such that its continued existence or transportation is a danger to public safety, [he] THE COMMISSIONER may, without hearing [and without liability therefor to the owner thereof], seize and destroy or direct the seizure and destruction of such explosives. S 12. Section 461 of the labor law, as added by chapter 809 of the laws of 1949, subdivision 1 as amended by chapter 150 of the laws of 1971 and subdivision 3 as amended by chapter 1022 of the laws of 1970, is amended to read as follows: S 461. Record and notice of sales, deliveries or gifts. 1. Every person selling, delivering [or], giving away [an explosive] OR OTHERWISE TRANSFERRING, DISPOSING OF OR DESTROYING EXPLOSIVES shall keep at his OR HER principal office or place of business within the state, a record of the transaction, including the name or type and quantity of the explosive, such identification of the explosive as may be required by [rules of the board] THE REGULATIONS PROMULGATED HEREUNDER, the date of each sale, delivery [or], gift, TRANSFER OR DISPOSITION, the name and business address of the purchaser, donee, RECIPIENT or person to whom delivered, the number of the license [to own or possess explosives, if such license is] required by section four hundred fifty-eight of this article, and the name and address of the person taking the explosives away. A report of all such transactions, when requested [by him], shall be submitted to the commissioner. Such record shall be open to inspection by the commissioner or by federal, state and local enforce- ment officers at all times. No person shall have in his OR HER possession any explosives unless he OR SHE has a bill of sale or other evidence of title thereto. 2. Any provision in this article to the contrary notwithstanding, no person in a city having more than one million inhabitants shall ship or transport or cause to be shipped or transported explosives from such city to any other place within the state, unless such person shall, at least twenty-four hours prior to such shipment, transmit to the commis- sioner a statement in writing giving the weight, name or brand and type of explosives, the name and address of the person to whom such S. 4023 12 explosives are to be sold, shipped, transported or delivered and the date thereof. UPON RECEIPT OF SUCH STATEMENT, THE COMMISSIONER SHALL PROVIDE WRITTEN NOTICE TO THE CITY HAVING MORE THAN ONE MILLION INHABIT- ANTS OF SUCH SHIPMENT OR TRANSPORTATION OF EXPLOSIVES. No person shall make any such shipment except to a holder of a license issued hereunder. 3. No person within the state shall purchase, receive or accept deliv- ery of explosives from any place outside the state, and no person shall bring explosives into the state from any place outside the state, unless, [in addition to holding a license issued hereunder, such person shall, not more than twenty-four hours thereafter, transmit to the commissioner by mail a written statement giving] HE OR SHE IS IN POSSESSION OF A VALID LICENSE ISSUED BY THE COMMISSIONER. THE LICENSEE IN RECEIVING THE EXPLOSIVES SHALL MAINTAIN A RECORD INCLUDING THE weight, name or brand and type of the explosives, the name and address of the shipper and the date of shipment, FOR A PERIOD OF THREE YEARS FROM THE DATE OF RECEIPT OR TWO YEARS FROM THE DATE OF FINAL DISPOSITION OF THE EXPLOSIVES WHICHEVER OCCURS LAST. S 13. Section 462 of the labor law, as amended by chapter 190 of the laws of 1989, is amended to read as follows: S 462. Rules and regulations. The commissioner may make rules supple- mental to this article as [he shall deem] DEEMED necessary or desirable to assure the public safety as well as to provide reasonable and adequate protection of the lives, health and safety of persons employed in the manufacture, storage, handling and use of explosives. The commis- sioner may prescribe such regulations as [he may deem] ARE DEEMED neces- sary and proper for the administration of this article. S 14. Section 463 of the labor law, as added by chapter 809 of the laws of 1949, is amended to read as follows: S 463. Review. All questions of fact arising under this article shall be decided by the commissioner and there shall be no appeal from [his] SUCH decision on any such question of fact[, but there shall be a right of review by the board of standards and appeals of any decision of the commissioner denying an application for a license or certificate, or denying the renewal thereof, or revoking a license or certificate, as provided in section one hundred ten, article three of the labor law]. UPON THE ENTRY OF AN ORDER ISSUED UNDER THIS ARTICLE, ANY PARTY AGGRIEVED THEREBY MAY COMMENCE A PROCEEDING FOR REVIEW THEREOF PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES WITHIN THIRTY DAYS FROM THE NOTICE OF THE FILING OF THE SAID ORDER IN THE OFFICE OF THE COMMISSIONER. SAID PROCEEDING SHALL BE COMMENCED DIRECTLY IN THE APPELLATE DIVISION OF THE SUPREME COURT. S 15. Section 464 of the labor law, as amended by chapter 307 of the laws of 1984, is amended to read as follows: S 464. Penalties. 1. CIVIL PENALTIES. (A) IF THE COMMISSIONER DIRECTS THE STORAGE, DESTRUCTION OR OTHER DISPOSITION OF EXPLOSIVES PURSUANT TO THE PROVISIONS OF SECTION FOUR HUNDRED FIFTY-NINE OR FOUR HUNDRED SIXTY OF THIS ARTICLE, THE COMMISSIONER MAY ISSUE AN ORDER WHICH SHALL SET FORTH THE COSTS OF SUCH STORAGE, TRANSPORTATION, HANDLING, DESTRUCTION OR OTHER DISPOSITION AND ASSESS THE OWNER OF SUCH EXPLOSIVES A CIVIL PENALTY IN THE AMOUNT OF SUCH COSTS, WHICH SHALL BE IN ADDITION TO ANY OTHER PENALTIES IMPOSED. (B) IF THE COMMISSIONER DETERMINES THAT ANY PERSON OR INDIVIDUAL HAS VIOLATED ANY PROVISION OF THIS ARTICLE, SECTION FOUR HUNDRED EIGHTY-TWO OF THE GENERAL BUSINESS LAW, OR ANY RULE OR REGULATION PROMULGATED THER- EUNDER, THE COMMISSIONER MAY ISSUE AN ORDER WHICH SHALL DESCRIBE THE NATURE OF THE VIOLATION AND ASSESS SUCH PERSON A CIVIL PENALTY OF UP TO S. 4023 13 TWO THOUSAND FIVE HUNDRED DOLLARS PER VIOLATION PER DAY UNTIL THE VIOLATION IS CORRECTED, NOT TO EXCEED A TOTAL CIVIL PENALTY OF TEN THOU- SAND DOLLARS. (C) IF THE COMMISSIONER DETERMINES THAT ANY BUSINESS AND/OR CORPO- RATION HAS VIOLATED ANY PROVISION OF THIS ARTICLE, SECTION FOUR HUNDRED EIGHTY-TWO OF THE GENERAL BUSINESS LAW, OR ANY RULE OR REGULATION PROMULGATED THEREUNDER, THE COMMISSIONER MAY ISSUE AN ORDER WHICH SHALL DESCRIBE THE NATURE OF THE VIOLATION AND ASSESS SUCH BUSINESS AND/OR CORPORATION A CIVIL PENALTY OF UP TO TEN THOUSAND DOLLARS PER VIOLATION PER DAY UNTIL THE VIOLATION IS CORRECTED, NOT TO EXCEED A TOTAL CIVIL PENALTY OF FIFTY THOUSAND DOLLARS. THE PENALTIES AUTHORIZED PURSUANT TO THIS SECTION SHALL BE PAID TO THE COMMISSIONER FOR DEPOSIT IN THE TREAS- URY OF THE STATE. IN ASSESSING THE AMOUNT OF THE PENALTY, THE COMMIS- SIONER SHALL GIVE DUE CONSIDERATION TO THE SIZE OF THE PERSON'S BUSI- NESS, THE GOOD FAITH EFFORT OF THE PERSON, THE GRAVITY OF THE VIOLATION, AND THE HISTORY OF PREVIOUS VIOLATIONS. (D) ANY PARTY AGGRIEVED BY AN ORDER ISSUED UNDER THIS SUBDIVISION MAY COMMENCE A PROCEEDING FOR REVIEW THEREOF PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES WITHIN THIRTY DAYS FROM THE NOTICE OF THE FILING OF THE SAID ORDER IN THE OFFICE OF THE COMMISSIONER. SAID PROCEEDING SHALL BE COMMENCED DIRECTLY IN THE APPEL- LATE DIVISION OF THE SUPREME COURT. (E) PROVIDED THAT NO PROCEEDING FOR JUDICIAL REVIEW AS PROVIDED FOR IN THIS SECTION SHALL THEN BE PENDING AND THE TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COMMISSIONER MAY FILE WITH THE COUNTY CLERK OF THE COUNTY WHERE THE PERSON RESIDES OR HAS A PLACE OF BUSINESS, THE ORDER OF THE COMMISSIONER, CONTAINING THE AMOUNT OF THE CIVIL PENAL- TY. THE FILING OF SUCH ORDER OR DECISION SHALL HAVE THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH CLERK, THE ORDER OR DECISION MAY BE ENFORCED BY AND IN THE NAME OF THE COMMISSIONER IN THE SAME MANNER, AND WITH LIKE EFFECT, AS THAT PRESCRIBED BY THE CIVIL PRACTICE LAW AND RULES FOR THE ENFORCEMENT OF A MONEY JUDGMENT. (F) A CIVIL PENALTY PROVIDED FOR IN THIS SUBDIVISION SHALL BE IN ADDI- TION TO AND MAY BE IMPOSED CONCURRENTLY WITH ANY OTHER PENALTY OR REMEDY PROVIDED FOR IN THIS ARTICLE. 2. CRIMINAL PENALTIES. Any person violating any provision of this article, or any rule or regulation made hereunder, shall be guilty of a class E felony; provided, however, that any person who possesses an explosive without being duly licensed or otherwise authorized to do so under the provisions of this article shall be guilty of a class D felo- ny. Whenever, as a result of a plea bargaining agreement the charge is reduced to a lesser offense, such offense may, in addition to any term of imprisonment prescribed by such offense, be punishable by a fine not to exceed twenty-five hundred dollars. S 16. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, all licenses and certificates issued pursuant to article 16 of the labor law prior to the effective date of this act shall remain in full force and effect until such licenses and certificates expire.
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