hb 1472

CHAPTER 280

HB 1472-FN - FINAL VERSION

AN ACT amending the definitions, applications, and fees relating to explosives and explosive substances, and relative to background investigations and criminal records checks for applicants for private detective or security services.

SPONSORS: Rep. Welch, Rock 18; Sen. Disnard, Dist 8

I. Requires applicants for a private detective or security services license to submit to a fingerprint examination.

II. Makes various changes to the definition, application procedure, and fee structure for explosives and explosive substances.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

Be it Enacted by the Senate and House of Representatives in General Court convened:

280:1 Detective and Security Services; Issuance of License. Amend RSA 106-F:7, I to read as follows:

I. Following review of the application, the applicant's references, and investigation into the character, competency and integrity of the applicant, the commissioner shall as soon as practicable issue a license or renewal license in the form prescribed by him to the applicant, or notify the applicant of denial of the application. Prior to approval of any armed detective or security license issued under this chapter, the applicant shall submit to a fingerprint examination conducted by the Federal Bureau of Investigation, and the department of safety shall be authorized to use the records of the Federal Bureau of Investigation in the screening of applicants. The applicant shall be responsible for the cost of any background investigation or criminal records check required under this section.

280:2 Explosives and Explosive Substances; Application. Amend RSA 158:9-b to read as follows:

I. Upon application of any resident or non-resident, the director of state police, or some person designated by [~~him~~] the director, shall issue a license to such applicant authorizing [~~him~~] the applicant to use, purchase and transport explosives in this state for not more than 2 years from the date of issue, if [~~it appears that~~] the applicant has a certificate of competency pursuant to RSA 158:9-h, has any proper purposes, and [~~that~~] the applicant is a suitable person to be licensed. The license shall be in duplicate and shall bear the name, address, description and signature of the licensee. The original thereof shall be delivered to the licensee and the duplicate shall be preserved by the director. The license shall be issued within a reasonable time after application therefor, and, if such application is denied, the reasons for such denial shall be stated in writing, in duplicate, the original of which shall be delivered to the applicant, and the copy thereof kept in the office of the department of safety, division of state police.

I-a. Upon application of any corporation, partnership, or similar entity, the director of state police, or designee, shall issue a license to a corporation, partnership, or similar entity authorizing the use, purchase, and transport of explosives in this state for not more than 2 years from the date of issue, if an employee of such corporation, partnership, or similar entity has a certificate of competency pursuant to RSA 158:9-h. The license shall be in duplicate and shall bear the name, address, description, and signature of the licensee. The original thereof shall be delivered to the licensee and the duplicate shall be preserved by the director. The license shall be issued within a reasonable time after application therefor, and if such application is denied, the reasons for such denial shall be stated in writing, in duplicate, the original of which shall be delivered to the applicant, and the copy thereof kept in the office of the department of safety, division of state police.

II. Upon application of any person, the director of state police, or some person designated by [~~him~~] the director, shall issue a license to such applicant authorizing [~~him~~] the applicant to store explosives in this state for not more than one year from the date of issue. The license shall be in duplicate and shall bear the name, address, description and signature of the licensee. The original thereof shall be delivered to the licensee and the duplicate shall be preserved by the director. The license shall be issued within a reasonable time after application therefor, and, if such application is denied, the reasons for such denial shall be stated in writing, in duplicate, the original of which shall be delivered to the applicant, and the copy thereof kept in the office of the department of safety, division of state police.

III. Upon application of any person, the director of state police, or some person designated by [~~him~~] the director, shall issue a license to such applicant authorizing [~~him~~] the applicant to sell or market explosives in this state for not more than one year from the date of issue. The license shall be in duplicate and shall bear the name, address, description and signature of the licensee. The original thereof shall be delivered to the licensee and the duplicate shall be preserved by the director. The license shall be issued within a reasonable time after application therefor, and, if such application is denied, the reasons for such denial shall be stated in writing, in duplicate, the original of which shall be delivered to the applicant, and the copy thereof kept in the office of the department of safety, division of state police.

IV. Upon application of any person, the director of state police, or designee, shall issue a license to such applicant authorizing the use, purchase, and transport of black powder and other flash powders, in excess of 50 pounds, for the use of fireworks manufacturing, if the applicant has a certificate of competency pursuant to RSA 158:9-f, has any proper purpose, and the applicant is a suitable person to be licensed. For the purposes of any corporation, partnership, or other similar entity, the applicant must be an employee who fulfills all other criteria under this section. The use, purchase, and transport license for black powder or flash powders shall not be issued for more than 2 years from the date of issuance. The license shall be in duplicate and shall bear the name, address, description, and signature of the licensee. The original thereof shall be delivered to the licensee and the duplicate shall be preserved by the director. The license shall be issued within a reasonable time after application therefor, and if such application is denied, the reasons for such denial shall be stated in writing, in duplicate, the original of which shall be delivered to the applicant, and the copy thereof kept in the office of the department of safety, division of state police.

280:3 Explosives and Explosive Substances; Fees Increased. Amend RSA 158:9-c to read as follows:

II. The fee for licenses for explosives storage facilities as defined by federal regulation in 27 CFR 181 shall be as follows:

(b) For a type II outdoor storage facility, a fee of [~~$10~~] $50, and for a type II indoor storage facility, a fee of [$1] $10;

(c) For a type IV outdoor storage facility, a fee of [$5] $50, and for a type [V] IV indoor storage facility, a fee of [$1] $10;

(d) For a type V outdoor storage facility, a fee of [$5] $50, and for a type V indoor storage facility, a fee of [$1] $10;

III. The fee for licenses issued under RSA 158:9-b, III shall be [~~$10~~] $100.

III-a. There shall be a storage facility fee for a storage permit issued by the director of state police for the storage of display fireworks as defined in 27 CFR 55.11, packaged or unpackaged. This fee shall be the same as that provided under paragraph II(a) through (e).

IV. All fees received under this section shall be used for administration and enforcement, any excess to be deposited as unrestricted general fund revenue.

V. The state, county, or municipal governments or units thereof shall be exempt from the payment of license fees under this chapter.

VI. There shall be a fee of [$5] $40 for any competency examination or renewal certificate given by the director of state police for any examination or certificate given under this subdivision.

280:4 Explosives and Explosive Substances; Definition of Explosives. Amend RSA 158:29, XI to read as follows:

XI. "Explosives", "high explosive or explosive substance" shall mean any [~~chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion; i.e., with substantially instantaneous release of gas and heat~~] material or container containing a chemical compound or mixture that is commonly used or intended for the purpose of producing an explosion and that contains any oxidizing or combustible materials or other ingredients in such proportions, quantities, or packing that an ignition by fire, friction, concussion, or detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressure is capable of producing destructive effects on contiguous objects. This definition shall not include the components for hand loading rifle, pistol, and shotgun ammunition and or rifle, pistol, and shotgun ammunition.

280:5 Explosives and Explosive Substances; Duties of Certain Officials. Amend RSA 158:31 to read as follows:

I. Heads of police and fire departments in cities and towns shall investigate the cause and circumstances of every explosion in their respective jurisdictions by which property has been destroyed or damaged, especially to ascertain whether it was caused by carelessness or design. They shall begin such investigation forthwith after such explosion, and if it appears to the official making such investigation that the explosion is of suspicious origin or is the result of a violation of law, or if [he] the department head is unable to determine the cause, he or she shall immediately notify the director of the division of state police.

II. For the purposes of statistical reporting and intelligence information gathering, criminal threats which are conveyed by any means of communication and which involve the potential use of any explosive device, radiological or nuclear material, or any chemical or biological agent, military or otherwise, or any combination of such agents or materials, shall be reported to the director of the division of state police.