Bill Text: AZ SB1379 | 2011 | Fiftieth Legislature 1st Regular | Engrossed


Bill Title: Technical correction; notaries public; conduct

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2011-04-29 - Governor Vetoed [SB1379 Detail]

Download: Arizona-2011-SB1379-Engrossed.html

 

 

 

House Engrossed Senate Bill

 

 

 

 

State of Arizona

Senate

Fiftieth Legislature

First Regular Session

2011

 

 

 

SENATE BILL 1379

 

 

 

AN ACT

 

amending sections 36-1601, 36-1605, 36-1606, 36-1609 and 36-1610, Arizona Revised Statutes; amending title 41, chapter 16, article 3, Arizona Revised Statutes, by adding sections 41-2163.01 and 41-2163.02; relating to consumer fireworks.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 36-1601, Arizona Revised Statutes, is amended to read:

START_STATUTE36-1601.  Definitions

In this article, unless the context otherwise requires:

1.  "Consumer firework" means small firework devices that contain restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion and that comply with the construction, chemical composition and labeling regulations prescribed in 49 Code of Federal Regulations part parts 172 and 173, regulations of the United States consumer product safety commission as prescribed in 16 Code of Federal Regulations parts 1500 and 1507 and the American pyrotechnics association standard 87‑1, standard for construction and approval for transportation of fireworks, novelties and theatrical pyrotechnics, December 1, 2001 version.

2.  "Consumer fireworks retail sales facility" means a permanent or temporary building or structure, CFRS stand, tent, canopy or membrane structure that is used primarily for the display or sale of consumer fireworks to the public.

2.  3.  "Display firework" means large firework devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration or detonation as prescribed by 49 Code of Federal Regulations part 172, regulations of the United States consumer product safety commission as prescribed in 16 Code of Federal Regulations parts 1500 and 1507 and the American pyrotechnics association standard 87‑1, standard for construction and approval for transportation of fireworks, novelties and theatrical pyrotechnics, December 1, 2001 version.

4.  "Distribution facility" means a place where consumer fireworks are received, stored, picked, packaged and packed into shipping cartons and shipped to other distribution facilities, manufacturing facilities, consumer fireworks retail sales facilities or stores.

3.  5.  "Fireworks":

(a)  Means any combustible or explosive composition, substance or combination of substances, or any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, that is a consumer firework or display firework.

(b)  Does not include:

(i)  Toy pistols, toy canes, toy guns or other devices in which paper caps containing not more than twenty‑five hundredths grains of explosive compound are used if constructed so that the hand cannot come in contact with the cap when in place for the explosion.

(ii)  Toy pistol paper caps that contain less than twenty‑hundredths grains of explosive mixture, or fixed ammunition or primers therefor.

(iii)  Federally deregulated novelty items that are known as snappers, snap caps, party poppers, glow worms, snakes, toy smoke devices and sparklers.

4.  6.  "Governing body" means the board of supervisors of a county as to the area within the county but without the corporate limits of an incorporated city or town and means the governing body of an incorporated city or town as to the area within its corporate limits.

5.  7.  "Permissible consumer fireworks":

(a)  Means the following types of consumer fireworks as defined by the American pyrotechnics association standard 87‑1, standard for construction and approval for transportation of fireworks, novelties and theatrical pyrotechnics, December 1, 2001 version:

(i)  Ground and handheld sparkling devices.

(ii)  Cylindrical fountains.

(iii)  Cone fountains.

(iv)  Illuminating torches.

(v)  Wheels.

(vi)  Ground spinners.

(vii)  Flitter sparklers.

(viii)  Toy smoke devices.

(ix)  Wire sparklers or dipped sticks.

(x)  Multiple tube fireworks devices and pyrotechnic articles.

(b)  Does not include anything that is designed or intended to rise into the air and explode or to detonate in the air or to fly above the ground, including, for example, firework items commonly known as bottle rockets, sky rockets, missile-type rockets, helicopters, torpedoes, roman candles and jumping jacks.

6.  8.  "Person" includes an individual, partnership, firm or corporation.

9.  "Store" means a building that is classified as a mercantile occupancy that contains a variety of merchandise and that is not used primarily for the retail sales of consumer fireworks. END_STATUTE

Sec. 2.  Section 36-1605, Arizona Revised Statutes, is amended to read:

START_STATUTE36-1605.  Permitted uses

This article does not prohibit:

1.  The sale at wholesale by a resident wholesaler, dealer or jobber of fireworks that are not prohibited by this article.

2.  The sale of fireworks that are to be and are shipped directly out of the state.

3.  The use of fireworks by railroads or other transportation agencies for signal purposes or illumination.

4.  The sale or use of explosives for blasting or other legitimate industrial purposes.

5.  The use of fireworks or explosives, or both, by farmers, ranchers and their employees, and by state and federal employees who manage wildlife resources, to rally, drive or otherwise disperse concentrations of wildlife for the purpose of protecting property or wildlife.

6.  The sale of permissible consumer fireworks or federally deregulated novelty items by a retail establishment retailer in a consumer fireworks retail sales facility or store if the retail establishment retailer complies with the rules adopted pursuant to section 36‑1609.

7.  The use of permissible consumer fireworks or federally deregulated novelty items by the general public, unless the use is prohibited by a governing body of an incorporated city or town except on a state or locally owned property. END_STATUTE

Sec. 3.  Section 36-1606, Arizona Revised Statutes, is amended to read:

START_STATUTE36-1606.  Consumer fireworks regulation; state preemption; further regulation of fireworks by local jurisdiction

a.  The storage, transportation, sale, possession, display for retail sale and use of permissible consumer fireworks and federally deregulated novelty items are of statewide concern.  The regulation of permissible consumer fireworks pursuant to this article and their use between June 15 through July 5 and December 12 through December 31 and January 1 through January 2 is not subject to further regulation by a governing body, except that an incorporated city or town may regulate the use of permissible consumer fireworks within its corporate limits and a the sale and use of permissible consumer fireworks is prohibited in a county that includes at least two million five hundred thousand but not more than five million acres of federal land and that has a population of less than five hundred thousand persons and any county may regulate the use of permissible consumer fireworks within the unincorporated areas of the county during times when there is a reasonable risk of wildfires in the immediate county.  This article does not prohibit the imposition by ordinance of further regulations and prohibitions on the sale, use and possession of fireworks other than permissible consumer fireworks and federally deregulated novelty items by a governing body.  A governing body shall not permit or authorize the sale, use or possession of any fireworks in violation of this article.

B.  An incorporated city or town or a county within the unincorporated areas of the county may provide by ordinance for an annual fee for each consumer fireworks retail sales facility in an amount sufficient to cover all legitimate costs for all needed permits, licenses and authorizations from application to and through processing, issuance and inspection, but in no case to exceed a total of two hundred dollars.

C.  An incorporated city or town or a county within the unincorporated areas of the county may provide by ordinance for an annual fee for each store carrying consumer fireworks in an amount sufficient to cover all legitimate costs for all needed permits, licenses and authorizations from application to and through processing, issuance and inspection, but in no case to exceed a total of fifty dollars.

D.  AN INCORPORATED CITY OR TOWN OR A COUNTY WITHIN THE UNINCORPORATED AREAS OF THE COUNTY MAY PROVIDE BY ORDINANCe for AN ANNUAL FEE FOR EACH DISTRIBUTION FACILITY IN AN AMOUNT SUFFICIENT TO COVER ALL LEGITIMATE COSTS FOR ALL NEEDED PERMITS, LICENSES AND AUTHORIZATIONS FROM APPLICATION THROUGH PROCESSING, ISSUANCE AND INSPECTION.  this fee shall not exceed one thousand dollars.

e.  In areas where fire services are provided by a fire district, the respective fire district shall receive fifty per cent of fees permitted in this section.

f.  An incorporated city or town or a county within the unincorporated areas of the county shall not:

1.  Impose any fee or charge, other than the fees authorized by this section, on the retail sale of permissible consumer fireworks.

2.  Prohibit or restrict the display for retail sale of permissible fireworks in consumer fireworks retail sales facilities or stores that comply with the national fire protection association standard code 1124 for the manufacture, transportation, storage and retail sales of fireworks and pyrotechnic articles, 2006 edition as adopted by the state fire marshal pursuant to section 36-1609 between June 15 through July 5 and December 12 through December 31 and January 1 through January 2.

3.  Impose on a retail seller any financial guarantee requirements, including bonding or insurance provisions, containing restrictions or any other conditions not imposed on the same basis on all other business licensees.

4.  Impose signage requirements on a retail seller beyond those required by the national fire protection association standard code 1124 for the manufacture, transportation, storage and retail sales of fireworks and pyrotechnic articles, 2006 edition.

G.  The sale of permissible consumer fireworks in a consumer fireworks retail sales facility is not allowed in an area that is zoned for residential use. END_STATUTE

Sec. 4.  Section 36-1609, Arizona Revised Statutes, is amended to read:

START_STATUTE36-1609.  State fire marshal; adoption of code; sale of permissible consumer fireworks

A.  The state fire marshal shall adopt rules pursuant to title 41, chapter 6 to carry out this article, including a rule that adopts the national fire protection association code for the manufacture, transportation, storage and retail sales of fireworks and pyrotechnic articles, 2006 edition.  A person who sells permissible consumer fireworks to the public shall comply with those rules relating to the storage of consumer fireworks and relating to the retail sales of consumer fireworks before selling permissible consumer fireworks to the public.

B.  A person shall not sell or permit allow or authorize the sale of permissible consumer fireworks to a person who is under sixteen eighteen years of age. END_STATUTE

Sec. 5.  Section 36-1610, Arizona Revised Statutes, is amended to read:

START_STATUTE36-1610.  Prohibited use of fireworks on state land; civil penalty

A.  The state fire marshal may impose a civil penalty of one thousand dollars for Each incident of prohibited use of fireworks on state land in violation of this article is subject to a civil penalty of one thousand dollars.

B.  The state fire marshal shall deposit, pursuant to sections 35‑146 and 35‑147, Civil penalties collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147 in the fire suppression revolving fund established by section 37‑623.02. END_STATUTE

Sec. 6.  Title 41, chapter 16, article 3, Arizona Revised Statutes, is amended by adding sections 41-2163.01 and 41-2163.02, to read:

START_STATUTE41-2163.01.  Rules prescribing licensure for fireworks importers-exporters; fees

A.  The state fire marshal shall adopt rules prescribing licensure requirements for fireworks importers-exporters, wholesalers and retail fireworks locations and may collect fees.

B.  For the purposes of this section:

1.  "Importer-exporter" means any person who for any purpose does any of the following:

(a)  Brings fireworks into this state or causes fireworks to be brought into this state.

(b)  Procures the delivery or receives shipments of any fireworks into this state.

(c)  Buys or contracts to buy fireworks for shipment into this state.

(d)  Sells, consigns or delivers fireworks located within this state for delivery, use or sale out of this state.

2.  "Retailer" means any person who, at a consumer fireworks retail sales facility or store, sells, transfers or gives fireworks to a consumer or user.

3.  "Wholesaler":

(a)  Means a person who sells fireworks to a retailer or any other person for resale.

(b)  Includes any person who sells dangerous fireworks to public display permittees.

(c)  Does not include an importer, exporter or manufacturer that sells only to wholesalers. END_STATUTE

START_STATUTE41-2163.02.  State fire marshal fund

The state fire marshal fund is established consisting of fees collected pursuant to section 41-2163.01.  The office of the state fire marshal shall administer the fund.  Monies in the fund shall be distributed as follows:

1.  The first two hundred and fifty thousand dollars received each fiscal year as a continuing appropriation to the office of the state fire marshal for data collection, public education and enforcement.  Monies appropriated pursuant to this paragraph are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

2.  All other monies each fiscal year shall be deposited in the state general fund. END_STATUTE

Sec. 7.  Legislative intent

The legislature intends by this act that the state fire marshal collect fees pursuant to section 41-2163.01, Arizona Revised Statutes, as added by this act, that do not exceed the following:

1.  For a fireworks importer-exporter license, one thousand five hundred dollars.

2.  For a fireworks wholesaler license, two thousand five hundred dollars.

3.  For a retail fireworks license, fifty dollars.

Sec. 8.  Exemption from rule making

For the purposes of this act, the state fire marshal is exempt from the rule making requirements of title 41, chapter 6, Arizona Revised Statutes, for one year after the effective date of this act.

Sec. 9.  Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.

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