Bill Text: NY A06173 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires each retail sale of nitric acid to be recorded by the seller thereof; such record shall include the photographic identification number, telephone number and address of the purchaser; provides for the secure storage of nitric acid by retailers, schools and institutions of higher education; makes the violation of such provisions a class A misdemeanor; establishes the class D felony of disseminating material on the manufacture of an explosive for using a computer network to disseminate information on how to make an explosive out of nitric acid.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to economic development [A06173 Detail]

Download: New_York-2019-A06173-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6173
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 28, 2019
                                       ___________
        Introduced  by M. of A. RAMOS -- read once and referred to the Committee
          on Economic Development
        AN ACT to amend the executive law, in  relation  to  providing  for  the
          regulation  of  the sale, use and storage of nitric acid; and to amend
          the penal law, in relation to disseminating material on  the  manufac-
          ture of an explosive
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Legislative intent. The legislature hereby finds that while
     2  there are important uses for substances like nitric acid, it  is  impor-
     3  tant  that  we  safeguard these substances in order to prevent them from
     4  being used to harm both people and property. Nitric acid can be used  to
     5  cause  harmful  explosions and its use carries the ability, if fallen in
     6  the wrong hands, of resulting in massive destruction.
     7    Currently, the sale of nitric acid is not regulated on an  appropriate
     8  level.  Retailers  are  not  required to check the identification of the
     9  buyers when selling them nitric acid. They  are  also  not  required  to
    10  maintain  records  of  the  sale.  This act would require that retailers
    11  check the identification of buyers purchasing  nitric  acid  and  record
    12  their name and address.
    13    In  addition,  there are no standard rules or requirements maintaining
    14  the security of nitric acid in academia. While this act does not  hinder
    15  the  important  academic  work  that surrounds the use of nitric acid in
    16  colleges, universities and even high schools, it  would  provide  a  set
    17  standard  ensuring  we  do  our part in not allowing our academic insti-
    18  tutions to become tools for potential terrorists.
    19    Finally, while the advent of the internet has  provided  us  countless
    20  benefits,  it  has also increased the threat we face from people looking
    21  to harm Americans, using information widely available on the  web.  This
    22  act  bans websites that provide guides on taking nitric acid and turning
    23  it into explosives.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07570-01-9

        A. 6173                             2
     1    § 2. The executive law is amended by adding a new section 719 to  read
     2  as follows:
     3    §  719. Nitric acid security. 1. (a) For the purposes of this section,
     4  "nitric acid" shall include nitric acid or  any  preparation  containing
     5  free  or  chemically unneutralized nitric acid (HN03) in a concentration
     6  of five per centum or more.
     7    (b) The provisions of this section shall apply  to  the  retail  sale,
     8  storage and use of nitric acid, notwithstanding any provision of section
     9  one  hundred  forty-six-f  or  article fourteen-A of the agriculture and
    10  markets law to the contrary.
    11    2. (a) Every person who sells any quantity of nitric  acid  at  retail
    12  shall  record  the  date  of  sale and quantity of nitric acid sold to a
    13  purchaser, along with the valid state or federal driver license  number,
    14  or other picture identification card number approved for purchaser iden-
    15  tification  by the director of the state office of homeland security, as
    16  well as the name, current physical address and telephone number of  such
    17  purchaser of nitric acid.
    18    (b)  Such  information  and  any  additional  information, as shall be
    19  determined by the director of the state  office  of  homeland  security,
    20  shall  be maintained by the retail seller of nitric acid at the place of
    21  sale of the nitric acid for a period of not less than three years  in  a
    22  form or using a format developed by the director.
    23    (c)  Every person who sells nitric acid at retail shall, in compliance
    24  with any federal and state requirements regarding the  dissemination  of
    25  such  information,  provide  the director, or any officer or employee of
    26  the state office of homeland security access to such records.
    27    3. Nitric acid, while upon the premises of a  person  engaged  in  the
    28  retail  sale  thereof, shall be secured to provide reasonable protection
    29  against  vandalism,  theft  or  other  unauthorized  access.  Reasonable
    30  protection  may  include,  but  not be limited to, ensuring that storage
    31  facilities are locked when unattended, and inspected daily for signs  of
    32  attempted entry, vandalism and structural integrity. The director of the
    33  state office of homeland security may require such security measures for
    34  the storage of nitric acid as he or she shall deem necessary.
    35    4. (a) Every elementary and secondary school, and every institution of
    36  higher  education, as defined in subdivision eight of section two of the
    37  education law, which has  nitric  acid  upon  its  premises  or  in  its
    38  possession,  shall  secure  such acid when it is not in use for academic
    39  purposes to prevent the vandalism, theft or other unauthorized use ther-
    40  eof. In addition, all academic uses of nitric acid shall be monitored to
    41  prevent theft and unauthorized uses  thereof.  The  securing  of  nitric
    42  acid,  when not in use, shall include, but not be limited to, the place-
    43  ment of all nitric acid in a  storage  container  which  is  locked  and
    44  accessible by means of a key or special combination maintained solely by
    45  the employee responsible for such storage container.
    46    (b)  In  the event any quantity of nitric acid is to be taken from the
    47  premises of any such school or institution, the employee responsible for
    48  the storage of such acid shall record the name of the person taking  the
    49  acid.  Such  records  and any additional information, as shall be deter-
    50  mined by the director of the state office of homeland security, shall be
    51  maintained for a period of not less than three years in a form or  using
    52  a  format developed by the director. Furthermore, these records shall be
    53  made available to the director, and any officer or employee of the state
    54  office of homeland security.

        A. 6173                             3
     1    5. The director of the state office of homeland security may,  in  his
     2  or  her  discretion,  promulgate  any rules and regulations necessary to
     3  implement the provisions of this section.
     4    6.  Any violation of the provisions of this section shall constitute a
     5  class A misdemeanor.
     6    § 3. The penal law is amended by adding a new section 270.40  to  read
     7  as follows:
     8  § 270.40 Disseminating material on the manufacture of an explosive.
     9    A  person is guilty of disseminating material on the manufacture of an
    10  explosive when knowing the character and content  of  the  communication
    11  which,  in  whole or part, describes or explains the process or means of
    12  constructing or manufacturing an explosive using nitric acid, he or  she
    13  intentionally  uses  any  computer  communication system allowing input,
    14  output, examination or transfer of computer data  or  computer  programs
    15  from one computer to another.
    16    Disseminating material on the manufacture of an explosive is a class D
    17  felony.
    18    §  4.  This  act  shall  take  effect  on  the first of September next
    19  succeeding the date on which it shall have become a law,  provided  that
    20  the  director of the state office of homeland security is authorized and
    21  directed to promulgate any rules and regulations necessary to  implement
    22  the  provisions  of  section two of this act on its effective date on or
    23  before such date.
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