ASSEMBLY, No. 2976

STATE OF NEW JERSEY

INTRODUCED MAY 12, 1997

By Assemblymen ROCCO, DORIA and Felice

An Act concerning the tagging of explosive materials and supplementing P.L.1960, c.55 (21:1A-128 et seq.).

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. As used in this act, "explosive material" means powders used for blasting; dynamite and all other forms of high explosives; blasting material; fuses (other than electric circuit breakers); detonators and other detonating agents; and any explosive bomb, grenade, missile or similar device that contains any oxidizing and combustible units or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion or detonation of the compound, mixture, devise or any part thereof may cause an explosion. It shall not include small arms ammunition, or any gun powder or black and smokeless powders which are manufactured or transported for used by private persons for the hand loading of small arms ammunition.

    2. a. A person who manufactures, causes to be manufactured, transports, sells, offers for sale or otherwise transfers or assigns any explosive or explosive material in this State that is not tagged pursuant to the provisions of PL. , c. (C. )(now pending before the Legislature as this bill) is guilty of a crime of the fourth degree.

    b. A person who knowingly possesses any explosive or explosive material in this State that is not tagged pursuant to the provisions of PL. , c. (C. )(now pending before the Legislature as this bill) is guilty of a crime of the fourth degree.

    3. The Commissioner of Labor, in consultation with the Attorney General and the Superintendent of State Police, shall promulgate, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq), rules and regulations providing for the tagging of explosives and explosive materials in this State. The rules and regulations shall prescribe methods of tagging which are designed to achieve the following objectives; provided, however, in the event of any mutual inconsistency with respect to a particular method or explosive material, those rules and regulations should set forth prioritized goals in the following order: pose the smallest risk to human life; substantially assist law enforcement officers in their investigative efforts; least impair the quality of the explosive or explosive material for its intended use; have the least possible impact on the environment; and impose the lowest cost on manufacturers and users of the explosive or explosive material.

    4. The provisions of this act shall not apply to the Armed Forces of the United States or to federal or State law enforcement agencies.

    5. This act shall take effect on the first day of the 13th month following enactment; provided, however, section 3 shall take effect immediately.

STATEMENT

    Taggants are "markers" (usually chemicals or minute plastic flakes) which are added to explosives or explosive materials in order to assist law enforcement officers in combating terrorism and crime. The taggants enable law enforcement officers to trace the origins of explosives and explosive materials back to the manufacturer.

    The bill would prohibit the manufacture, transport, sale and possession of any explosive or explosive material in New Jersey that is not marked by a taggant. A person guilty of violating this prohibition would be guilty of a crime of the fourth degree. A crime of the fourth degree is punishable by a fine of up to $7,500, a term of imprisonment not exceeding 18 months, or both.

    The Commissioner of Labor, in consultation with the Attorney General and the Superintendent of State Police, is to promulgate the rules and regulations concerning the tagging of explosives and explosive materials. The commissioner is assigned this responsibility because the Department of Labor is charged with the responsibility of regulating the manufacture and use of explosives in this State under the provisions of the "Explosives Act," P.L.1960, c.55 (C.21:1A-128 et seq.).

    Gun powder and black and smokeless powders manufactured and transported for use by private persons for the hand loading of small arms ammunition are not required to be tagged.

    State and federal law enforcement agencies and the military are not subject to the provisions of the bill.

Requires taggants be placed in explosives to assist law enforcement in combating terrorism.