Bill Text: MI HB4902 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Fireworks; sale; fireworks sold in Michigan; require to be silent fireworks. Amends sec. 12 of 2011 PA 256 (MCL 28.462).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-09-07 - Bill Electronically Reproduced 09/06/2017 [HB4902 Detail]

Download: Michigan-2017-HB4902-Introduced.html

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HOUSE BILL No. 4902

 

 

September 6, 2017, Introduced by Rep. Kosowski and referred to the Committee on Regulatory Reform.

 

     A bill to amend 2011 PA 256, entitled

 

"Michigan fireworks safety act,"

 

by amending section 12 (MCL 28.462), as amended by 2013 PA 65.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 12. (1) A person shall not ignite, discharge, or use

 

consumer fireworks on public property, school property, church

 

property, or the property of another person without that

 

organization's or person's express permission to use those

 

fireworks on those premises. Except as otherwise provided in this

 

section, a person that violates this subsection is responsible for

 

a state civil infraction and may be ordered to pay a civil fine of

 

not more than $500.00.

 

     (2) Consumer fireworks shall not be sold to a minor. A person

 

that violates this subsection shall be ordered to pay a civil fine

 

of not more than $500.00, or, for a second or subsequent violation

of this subsection, a civil fine of not more than $1,000.00. In

 

addition, the person's consumer fireworks certificate shall be

 

suspended for 90 days after the civil fine is ordered for a second

 

or subsequent violation. This age requirement shall be verified by

 

any of the following:

 

     (a) An operator's or chauffeur's license issued under the

 

Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

 

     (b) An official state personal identification card issued

 

under 1972 PA 222, MCL 28.291 to 28.300.

 

     (c) An enhanced driver license or enhanced official state

 

personal identification card issued under the enhanced driver

 

license and enhanced official state personal identification card

 

act, 2008 PA 23, MCL 28.301 to 28.308.

 

     (d) A military identification card.

 

     (e) A passport.

 

     (f) Any other bona fide photograph identification that

 

establishes the identity and age of the individual.

 

     (3) An individual shall not discharge, ignite, or use consumer

 

fireworks or low-impact fireworks while under the influence of

 

alcoholic liquor, a controlled substance, or a combination of

 

alcoholic liquor and a controlled substance. As used in this

 

subsection:

 

     (a) "Alcoholic liquor" means that term as defined in section

 

1d of the Michigan vehicle code, 1949 PA 300, MCL 257.1d.

 

     (b) "Controlled substance" means that term as defined in

 

section 8b of the Michigan vehicle code, 1949 PA 300, MCL 257.8b.

 

     (4) An individual who violates the smoking prohibition under

NFPA 1124, 7.3.11.1 is guilty of a misdemeanor punishable by

 

imprisonment for not more than 1 year or a fine of not more than

 

$1,000.00, or both.

 

     (5) Signage stating the smoking prohibition described in

 

subsection (4) satisfies the requirements of NFPA 1124.

 

     (6) A person shall not sell fireworks in this state unless

 

those fireworks are silent fireworks. As used in this subsection,

 

"silent fireworks" means fireworks that are designed to minimize

 

the audible effect of their discharge or use.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.