Provides for the sale, use and storage of nitric acid

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

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.