KY HB333 | 2011 | Regular Session

Kentucky House Bill 333 (Prior Session Legislation)

Status

Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: Enrolled on March 4 2011 - 75% progression, died in chamber
Action: 2011-03-16 - signed by Governor
Text: Latest bill text (Draft #2) [MS Word]

Summary

Repeal and reenact KRS 227.700 to 227.750 regarding fireworks to define terms; require permit to manufacture, sell, offer for sale, ship, or receive fireworks; prohibit consumer purchase of fireworks by mail order; prohibit issuance of permit to person under 18; establish $1,000 annual permit fee for manufacturer, distributor, retailer, wholesaler, and exhibitor, and $100 fee for seasonal retailer; authorize conduct of business associated with each permit; direct permit fees collected as expendable receipts of the fire prevention division; charge the state fire marshal with enforcement of chapter; require Division of Fire Prevention to assign a number to each permit; require a permit holder to affix the number to all orders and invoices; require a consignee to hold a permit before shipping or delivering fireworks; authorize purchases only from a seller holding a permit; require a distributor, manufacturer, and wholesaler to keep accurate record of sales; direct that requests for retailer's or seasonal retailer's permits be accompanied by a statement that the sale of fireworks is permissible in the local jurisdiction; grant localities authority to restrict sale of fireworks by ordinance; permit the fire marshal to inspect the location for each permit and to revoke permits for violation of the chapter; authorize permissible fireworks including those classified as D.O.T., Class C common fireworks, and items that comply with construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission and those permitted for use by the general public; permit retailer or seasonal retailer to sell permissible items of consumer fireworks; exclude items from definition of fireworks; establish requirements for storage, location, and display of fireworks; forbid the retail sale of consumer fireworks to intoxicated person or persons under the age of 16; prohibit exploding or igniting fireworks from within a moving vehicle; prohibit the manufacture, possession, shipment, sale, and use of "illegal ground salutes"; list exceptions to application of chapter; establish conditions for seizure of fireworks as contraband and the process required prior to resale or disposal of seized items; require an exhibitor's license to perform outdoor fireworks display, proximate pyrotechnic display, or indoor or outdoor display using flame effects; establish conditions and application requirements for issuance of an exhibitor’s license and renewal; establish penalties and conditions for denial, suspension, revocation, or refusal to renew exhibitor's license or certification; direct the fire marshal to establish a program of certification for an outdoor fireworks display operator, proximate pyrotechnic display operator, and flame effect display operator; direct the fire marshal to promulgate administrative regulations to establish scope and type of required examinations; prohibit anyone other than a certified operator to perform an outdoor display using display or 1.4G fireworks; require a certified operator to be present during preparation for a display; prohibit an exhibitor or certified operator from performing outdoor fireworks display, proximate pyrotechnic display, or flame effect display except in accordance with NFPA regulations and administrative regulations promulgated by the state fire marshal; exempt individuals and organizations using consumer fireworks for personal or display use; establish requirements for public displays, including permit application process; require fire personnel and extinguishers at each event; require the fire marshal to collect a permit fee from the sponsor for each event; require Class B fireworks to be stored in accordance with NFPA regulations and federal, state, and local laws; charge the fire marshal with the administration and enforcement of this chapter; direct the fire marshal to promulgate administrative regulations relating to licensing of exhibitors, certification of operators, training, examinations, manufacture, handling, and standards for storage and use, and the code for fireworks display; grant control of the legal sale and use of fireworks to local jurisdictions; establish penalties for violation of chapter; amend KRS 227.782 to direct moneys collected from fees into the fire prevention and public safety fund; require that funds be used to administer this Act and to support fire and safety prevention programs; amend KRS 227.990 to establish penalties and to conform.

Title

AN ACT relating to fireworks and making an appropriation therefor.

History

Date	Chamber	Action
2011-03-16		signed by Governor
2011-03-04		delivered to Governor
2011-03-04		enrolled, signed by each presiding officer
2011-03-04		received in House
2011-03-04		3rd reading, passed 30-4-1
2011-03-03		posted for passage in the Regular Orders of the Day for Friday, March 4, 2011
2011-03-03		reported favorably, 2nd reading, to Rules
2011-03-02		to State & Local Government (S)
2011-03-02		returned to Committee on Committees (S)
2011-03-02		1st reading
2011-03-02		taken from Committee on Committees (S)
2011-03-01		received in Senate
2011-02-28		passed 92-6 with Committee Substitute, floor amendments (1) and (2-title)
2011-02-28		placed in the Orders of the Day
2011-02-28		taken from clerk's desk
2011-02-25		laid on clerk's desk
2011-02-25		floor amendment (1) adopted
2011-02-25		Committee Substitute adopted
2011-02-25		3rd reading
2011-02-24		floor amendment (1) filed to Committee Substitute, floor amendment (2-title) filed
2011-02-23		posted for passage in the Regular Orders of the Day for Thursday, February 24, 2011
2011-02-22		2nd reading, to Rules
2011-02-18		reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
2011-02-15		posted in committee
2011-02-04		to Licensing & Occupations (H)
2011-02-03		introduced in House