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.

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S4789-2011 Actions

• Jan 4, 2012: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
• May 24, 2011: REPORTED AND COMMITTED TO FINANCE
• Apr 25, 2011: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

S4789-2011 Meetings

Veterans, Homeland Security and Military Affairs: May 24, 2011

S4789-2011 Votes

S4789-2011 Memo

BILL NUMBER:S4789

TITLE OF BILL:
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 manufacture of an explosive

PURPOSE:
This bill will deal with the sale of nitric acid, the maintenance of
nitric acid in schools and colleges, and the regulation of websites
that disperse instructions on how to use nitric acid to make
explosives.

SUMMARY OF PROVISIONS:
This bill will require retailers who sell nitric acid to verify the
identity of the buyer (using a picture id) and record the buyer's
name and address. The records must be retrievable within the same
premises where the sale is made.

Schools and colleges must secure nitric acid before, after, and during
its academic uses. In the event of the nitric acid leaving the lab
site, the faculty member or appropriate college or university
personnel must record the name of the student taking the nitric acid
out.

During the hours the laboratory - at the school, college, or
university - is not in operation, nitric acid must be secured in a
confined area or container only accessible through a key or special
combination (to be maintained by the person in charge of the
laboratory)

Websites containing instruction on the use of nitric acid for the
purpose of creating explosives shall be banned and violators subject
to prosecution.

JUSTIFICATION:
While there are important uses for substances like nitric acid, it is
important that we safeguard these substances in order to prevent them
from being used to harm both people and property.
Nitric acid can be used to cause harmful explosions and its use
carries the ability - if fallen in the wrong hands - of resulting in
massive destruction.

Currently, the sale of nitric acid is not regulated on an appropriate
level. Retailers are not required to check the identification of the
buyers when selling them nitric acid. They are also not required to
maintain records of the sale. This bill would require that retailers
check the identification of buyers purchasing nitric acid and record
their name and address.

In addition, there are no standard rules or requirements maintaining
the security of nitric acid in academia. While this legislation would
not hinder the important academic work that surrounds the use of
nitric acid in colleges, universities, and even high schools, it
would provide a set standard ensuring we do our part in not allowing
our academic institutions to become tools for potential terrorists.

Lastly, while the advent of the internet has provided us countless
benefits, it has also increased the threat we face from people
looking to harm Americans, using information widely available on the
web. This bill would ban web sites that provide guides on taking
nitric acid and turning it into explosives.

There is a precedence of banning websites under special circumstances.
This provision in the bill would be similar to others banning
websites with certain types of sexual content that victimizes children.

LEGISLATIVE HISTORY:
2009-10: S.2228
2007-08: S.4980

FISCAL IMPLICATIONS:

EFFECTIVE DATE:

This act shall take effect on the first of September next succeeding
the date on which it shall have become a law, provided that the
director of the state office of homeland security is authorized and
directed to promulgate any rules and regulations necessary to
implement the provisions of section two of this act on its effective
date on or before such date.

S4789-2011 Text

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

                                    4789

                         2011-2012 Regular Sessions

                              I N  SENATE

                               April 25, 2011
                                 ___________

  Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
    printed to be committed to the Committee on Veterans, Homeland Securi-
    ty and Military Affairs

  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:


    Section 1. Legislative intent. The legislature hereby finds that while
  there are important uses for substances like nitric acid, it  is  impor-
  tant  that  we  safeguard these substances in order to prevent them from
  being used to harm both people and property. Nitric acid can be used  to
  cause  harmful  explosions and its use carries the ability, if fallen in
  the wrong hands, of resulting in massive destruction.
    Currently, the sale of nitric acid is not regulated on an  appropriate
  level.  Retailers  are  not  required to check the identification of the
  buyers when selling them nitric acid. They  are  also  not  required  to
  maintain  records  of  the  sale.  This act would require that retailers
  check the identification of buyers purchasing  nitric  acid  and  record
  their name and address.
    In  addition,  there are no standard rules or requirements maintaining
  the security of nitric acid in academia. While this act does not  hinder
  the  important  academic  work  that surrounds the use of nitric acid in
  colleges, universities and even high schools, it  would  provide  a  set
  standard  ensuring  we  do  our part in not allowing our academic insti-
  tutions to become tools for potential terrorists.
    Finally, while the advent of the internet has  provided  us  countless
  benefits,  it  has also increased the threat we face from people looking
  to harm Americans, using information widely available on the  web.  This

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD08471-01-1

 S. 4789                             2

  act  bans websites that provide guides on taking nitric acid and turning
  it into explosives.
    S  2. The executive law is amended by adding a new section 718 to read
  as follows:

    S 718. NITRIC ACID SECURITY. 1. (A) FOR THE PURPOSES OF THIS  SECTION,
  "NITRIC  ACID"  SHALL  INCLUDE NITRIC ACID OR ANY PREPARATION CONTAINING
  FREE OR CHEMICALLY UNNEUTRALIZED NITRIC ACID (HN03) IN  A  CONCENTRATION
  OF FIVE PER CENTUM OR MORE.
    (B)  THE  PROVISIONS  OF  THIS SECTION SHALL APPLY TO THE RETAIL SALE,
  STORAGE AND USE OF NITRIC ACID, NOTWITHSTANDING ANY PROVISION OF SECTION
  ONE HUNDRED FORTY-SIX-F OR ARTICLE FOURTEEN-A  OF  THE  AGRICULTURE  AND
  MARKETS LAW TO THE CONTRARY.
    2.  (A)  EVERY  PERSON WHO SELLS ANY QUANTITY OF NITRIC ACID AT RETAIL
  SHALL RECORD THE DATE OF SALE AND QUANTITY OF  NITRIC  ACID  SOLD  TO  A
  PURCHASER,  ALONG WITH THE VALID STATE OR FEDERAL DRIVER LICENSE NUMBER,
  OR OTHER PICTURE IDENTIFICATION CARD NUMBER APPROVED FOR PURCHASER IDEN-
  TIFICATION BY THE DIRECTOR OF THE STATE OFFICE OF HOMELAND SECURITY,  AS
  WELL  AS THE NAME, CURRENT PHYSICAL ADDRESS AND TELEPHONE NUMBER OF SUCH
  PURCHASER OF NITRIC ACID.
    (B) SUCH INFORMATION AND  ANY  ADDITIONAL  INFORMATION,  AS  SHALL  BE
  DETERMINED  BY  THE  DIRECTOR  OF THE STATE OFFICE OF HOMELAND SECURITY,
  SHALL BE MAINTAINED BY THE RETAIL SELLER OF NITRIC ACID AT THE PLACE  OF
  SALE  OF  THE NITRIC ACID FOR A PERIOD OF NOT LESS THAN THREE YEARS IN A
  FORM OR USING A FORMAT DEVELOPED BY THE DIRECTOR.
    (C) EVERY PERSON WHO SELLS NITRIC ACID AT RETAIL SHALL, IN  COMPLIANCE
  WITH  ANY  FEDERAL AND STATE REQUIREMENTS REGARDING THE DISSEMINATION OF
  SUCH INFORMATION, PROVIDE THE DIRECTOR, OR ANY OFFICER  OR  EMPLOYEE  OF
  THE STATE OFFICE OF HOMELAND SECURITY ACCESS TO SUCH RECORDS.
    3.  NITRIC  ACID,  WHILE  UPON THE PREMISES OF A PERSON ENGAGED IN THE
  RETAIL SALE THEREOF, SHALL BE SECURED TO PROVIDE  REASONABLE  PROTECTION
  AGAINST  VANDALISM,  THEFT  OR  OTHER  UNAUTHORIZED  ACCESS.  REASONABLE
  PROTECTION MAY INCLUDE, BUT NOT BE LIMITED  TO,  ENSURING  THAT  STORAGE
  FACILITIES  ARE LOCKED WHEN UNATTENDED, AND INSPECTED DAILY FOR SIGNS OF
  ATTEMPTED ENTRY, VANDALISM AND STRUCTURAL INTEGRITY. THE DIRECTOR OF THE
  STATE OFFICE OF HOMELAND SECURITY MAY REQUIRE SUCH SECURITY MEASURES FOR
  THE STORAGE OF NITRIC ACID AS HE OR SHE SHALL DEEM NECESSARY.
    4. (A) EVERY ELEMENTARY AND SECONDARY SCHOOL, AND EVERY INSTITUTION OF
  HIGHER EDUCATION, AS DEFINED IN SUBDIVISION EIGHT OF SECTION TWO OF  THE
  EDUCATION  LAW,  WHICH  HAS  NITRIC  ACID  UPON  ITS  PREMISES OR IN ITS
  POSSESSION, SHALL SECURE SUCH ACID WHEN IT IS NOT IN  USE  FOR  ACADEMIC
  PURPOSES TO PREVENT THE VANDALISM, THEFT OR OTHER UNAUTHORIZED USE THER-
  EOF. IN ADDITION, ALL ACADEMIC USES OF NITRIC ACID SHALL BE MONITORED TO
  PREVENT  THEFT  AND  UNAUTHORIZED  USES  THEREOF. THE SECURING OF NITRIC
  ACID, WHEN NOT IN USE, SHALL INCLUDE, BUT NOT BE LIMITED TO, THE  PLACE-
  MENT  OF  ALL  NITRIC  ACID  IN  A STORAGE CONTAINER WHICH IS LOCKED AND
  ACCESSIBLE BY MEANS OF A KEY OR SPECIAL COMBINATION MAINTAINED SOLELY BY
  THE EMPLOYEE RESPONSIBLE FOR SUCH STORAGE CONTAINER.
    (B) IN THE EVENT ANY QUANTITY OF NITRIC ACID IS TO BE TAKEN  FROM  THE
  PREMISES OF ANY SUCH SCHOOL OR INSTITUTION, THE EMPLOYEE RESPONSIBLE FOR
  THE  STORAGE OF SUCH ACID SHALL RECORD THE NAME OF THE PERSON TAKING THE
  ACID. SUCH RECORDS AND ANY ADDITIONAL INFORMATION, AS  SHALL  BE  DETER-
  MINED BY THE DIRECTOR OF THE STATE OFFICE OF HOMELAND SECURITY, SHALL BE
  MAINTAINED  FOR A PERIOD OF NOT LESS THAN THREE YEARS IN A FORM OR USING
  A FORMAT DEVELOPED BY THE DIRECTOR. FURTHERMORE, THESE RECORDS SHALL  BE
  MADE AVAILABLE TO THE DIRECTOR, AND ANY OFFICER OR EMPLOYEE OF THE STATE
  OFFICE OF HOMELAND SECURITY.

 S. 4789                             3

    5.  THE  DIRECTOR OF THE STATE OFFICE OF HOMELAND SECURITY MAY, IN HIS
  OR HER DISCRETION, PROMULGATE ANY RULES  AND  REGULATIONS  NECESSARY  TO
  IMPLEMENT THE PROVISIONS OF THIS SECTION.
    6.  ANY VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A
  CLASS A MISDEMEANOR.
    S 3. The penal law is amended by adding a new section 270.40  to  read
  as follows:

  S 270.40 DISSEMINATING MATERIAL ON THE MANUFACTURE OF AN EXPLOSIVE.
    A  PERSON IS GUILTY OF DISSEMINATING MATERIAL ON THE MANUFACTURE OF AN
  EXPLOSIVE WHEN KNOWING THE CHARACTER AND CONTENT  OF  THE  COMMUNICATION
  WHICH,  IN  WHOLE OR PART, DESCRIBES OR EXPLAINS THE PROCESS OR MEANS OF
  CONSTRUCTING OR MANUFACTURING AN EXPLOSIVE USING NITRIC ACID, HE OR  SHE
  INTENTIONALLY  USES  ANY  COMPUTER  COMMUNICATION SYSTEM ALLOWING INPUT,
  OUTPUT, EXAMINATION OR TRANSFER OF COMPUTER DATA  OR  COMPUTER  PROGRAMS
  FROM ONE COMPUTER TO ANOTHER.
    DISSEMINATING MATERIAL ON THE MANUFACTURE OF AN EXPLOSIVE IS A CLASS D
  FELONY.
    S  4.  This  act  shall  take  effect  on  the first of September next
  succeeding the date on which it shall have become a law,  provided  that
  the  director of the state office of homeland security is authorized and
  directed to promulgate any rules and regulations necessary to  implement
  the  provisions  of  section two of this act on its effective date on or
  before such date.