Assembly Bill A270B

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   270

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. BUCHWALD -- read once and referred to the Commit-
  tee on Labor

AN  ACT  to amend the labor law, in relation to expanding the definition
  of explosive

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 1 of section 451 of the labor law, as amended
by section 2 of part CC of chapter 57 of the laws of 2009, is amended to
read as follows:
  1. "Explosives" means (A) gunpowder, powders used for  blasting,  high
explosives,  blasting materials, detonating fuses, detonators, pyrotech-
nics and other detonating agents, fireworks and dangerous  fireworks  as
defined  in  section  270.00  of the penal law, 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, friction,  concussion,  percussion  or
detonation  of  any  part  thereof may cause and is intended to cause an
explosion, but shall not include gasoline,  kerosene,  naphtha,  turpen-
tine,  benzine,  acetone,  ethyl  ether,  benzol  or quantities of black
powder not exceeding five pounds for use in firing of  antique  firearms
or artifacts or replicas thereof. Fixed ammunition and primers for small
arms,  pyrotechnic  devices  which  are  designed for and being used for
legitimate wildlife management or controls,  safety  fuses  and  matches
shall  not  be  deemed to be explosives when, 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 to produce an explosion of such units to the injury  of
life, limb or property.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00086-01-5

              

A. 270                              2

  (B)  AND  INCLUDES TWO OR MORE COMPONENTS THAT ARE ADVERTISED AND SOLD
TOGETHER WITH INSTRUCTIONS ON HOW TO COMBINE THE COMPONENTS TO CREATE AN
EXPLOSIVE, AS DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION.
  S 2. This act shall take effect immediately.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 270--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. BUCHWALD, JAFFEE, LINARES, KAVANAGH, GALEF, OTIS,
  PAULIN,  MAYER,  LAVINE,  ZEBROWSKI,  SIMON,  SALADINO, McDONOUGH, RA,
  GOTTFRIED, CAHILL, COLTON, SKOUFIS, RODRIGUEZ, ROZIC, ORTIZ,  BRONSON,
  MARKEY,  BENEDETTO,  HEVESI,  MILLER,  BRABENEC,  ABBATE, PERRY, MOYA,
  FITZPATRICK, CURRAN, WOZNIAK, BRINDISI,  SANTABARBARA  --  Multi-Spon-
  sored  by  -- M. of A. CRESPO, CROUCH, DenDEKKER, DUPREY, ENGLEBRIGHT,
  GLICK, LAWRENCE, RAMOS -- read once and referred to the  Committee  on
  Labor  --  recommitted  to  the  Committee on Labor in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the labor law, in relation to licenses to store  or  use
  certain compounds

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 465 of the labor law is renumbered section 466 and
a new section 465 is added to read as follows:
  S 465. LICENSE TO STORE OR USE CERTAIN COMPOUNDS. 1. NO  PERSON  SHALL
BE  PERMITTED TO PURCHASE, USE, OR STORE ANY TWO OR MORE COMPONENTS THAT
ARE ADVERTISED AND SOLD TOGETHER WITH INSTRUCTIONS ON HOW TO COMBINE THE
COMPONENTS TO CREATE ANY DEVICE DESIGNED OR SPECIALLY ADAPTED TO FACILI-
TATE A DETONATION OR COMBUSTION UNLESS A CERTIFICATE THEREFOR SHALL HAVE
BEEN ISSUED BY THE COMMISSIONER AS PROVIDED IN THIS SECTION.
  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 PROMULGATED
HEREUNDER SHALL ISSUE A CERTIFICATE OR A RENEWAL THEREOF, WHICH SHALL BE
VALID FOR NOT LESS THAN ONE YEAR FROM THE DATE OF ISSUANCE. IN  ADDITION
TO  ANY  OTHER  CAUSES  FOR  REVOCATION  OF  A  CERTIFICATE  HEREINAFTER
PROVIDED, THE COMMISSIONER MAY REVOKE OR MODIFY SUCH CERTIFICATE BECAUSE
OF ANY CHANGE IN THE CONDITIONS UNDER WHICH IT WAS GRANTED OR FOR  FAIL-
URE TO PAY THE REQUIRED FEE. THE APPLICANT SHALL PAY TO THE COMMISSIONER
A FEE OF NOT LESS THAN FIFTY DOLLARS.
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00086-02-6

A. 270--A                           2

  2.  AN  APPLICATION  FOR  A CERTIFICATE PURSUANT TO THIS SECTION SHALL
CONTAIN INFORMATION  SUFFICIENT  TO  IDENTIFY  THE  APPLICANT,  AND  THE
PURPOSE  FOR WHICH AND THE PLACE WHERE THE COMPOUNDS ARE TO BE COMBINED,
USED, DISPOSED OF OR STORED, AS THE CASE MAY BE, AND TO DEMONSTRATE  THE
ELIGIBILITY  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.  AN  APPLICATION  FOR  A  LICENSE  OR  CERTIFICATE
REQUIRED  TO BE FILED WITH THE DEPARTMENT PURSUANT TO THIS SECTION SHALL
BE SIGNED BY THE APPLICANT AND AFFIRMED BY HIM  OR  HER  AS  TRUE  UNDER
PENALTY OF PERJURY.
  3.  BEFORE A 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 THE COMMISSIONER TO PROP-
ERLY AND EFFECTIVELY CARRY OUT THE POWERS AND DUTIES UNDER THIS ARTICLE.
  4.  (A)  THE  INVESTIGATION  PRESCRIBED  IN  SUBDIVISION THREE 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 MIXING, POSSESSION, HANDLING,
STORAGE, AND USE OF THE COMPOUNDS, AND FOR SUCH PURPOSE THE COMMISSIONER
MAY PRESCRIBE TESTS WHICH THE APPLICANT SHALL BE REQUIRED TO PASS  AS  A
PREREQUISITE  TO THE ISSUANCE OF THE CERTIFICATE. THE TEST MAY BE ADMIN-
ISTERED BY ANY PERSON OR AGENCY DESIGNATED BY THE COMMISSIONER.
  (B) THE INVESTIGATION PRESCRIBED IN SUBDIVISION THREE OF THIS  SECTION
SHALL INCLUDE A REPORT FROM THE NEW YORK STATE IDENTIFICATION AND INTEL-
LIGENCE  SYSTEM,  AND SUCH OTHER IDENTIFICATION SERVICES OF THE STATE OR
FEDERAL GOVERNMENT AS MAY BE NECESSARY OR APPROPRIATE FOR THIS PURPOSE.
  5. THE COMMISSIONER MAY WAIVE ANY OF THE PROCEDURES SET FORTH IN PARA-
GRAPH (B) OF SUBDIVISION FOUR OF THIS SECTION WITH RESPECT TO ANY APPLI-
CANT FOR WHOM CRIMINAL HISTORY OR OTHER INFORMATION  HAS  BEEN  OBTAINED
FROM ANY FEDERAL BUREAU OR AGENCY.
  6.  WITHIN  THIRTY DAYS AFTER THE ISSUANCE OF A CERTIFICATE UNDER THIS
SECTION, THE COMMISSIONER SHALL NOTIFY THE CHIEF  EXECUTIVE  OFFICER  OF
THE  MUNICIPALITY WHERE THE CERTIFICATE HOLDER RESIDES OR HAS HIS OR HER
PLACE OF BUSINESS OF THE ISSUANCE OF SUCH CERTIFICATE, AND PROVIDE  SUCH
OFFICER  WITH  SUCH  OTHER INFORMATION PERTAINING THERETO AS THE COMMIS-
SIONER MAY PRESCRIBE.
  7. ANY TWO OR MORE COMPONENTS THAT ARE ADVERTISED  AND  SOLD  TOGETHER
WITH  INSTRUCTIONS ON HOW TO COMBINE THE COMPONENTS TO CREATE ANY DEVICE
DESIGNED OR SPECIALLY ADAPTED TO FACILITATE A DETONATION  OR  COMBUSTION
SHALL NOT BE SOLD OR DELIVERED TO ANY INDIVIDUAL UNDER EIGHTEEN YEARS OF
AGE,  WHETHER  SUCH  INDIVIDUAL  IS  ACTING  FOR HIMSELF, HERSELF OR FOR
ANOTHER PERSON, NOR SHALL ANY SUCH INDIVIDUAL BE ELIGIBLE TO OBTAIN  ANY
CERTIFICATE REQUIRED UNDER THIS SECTION.
  S 2. This act shall take effect immediately.