Bill Text: MI HB4924 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Fireworks; sale; signage describing limitations on use of fireworks under Michigan law; require licensed sellers to display. Amends sec. 5 of 2011 PA 256 (MCL 28.455). TIE BAR WITH: HB 4925'17
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-09-13 - Bill Electronically Reproduced 09/12/2017 [HB4924 Detail]
Download: Michigan-2017-HB4924-Introduced.html
HOUSE BILL No. 4924
September 12, 2017, Introduced by Reps. Hammoud, Elder, Sabo, Moss, Gay-Dagnogo, Yanez, Howrylak, Camilleri, Liberati and Wittenberg and referred to the Committee on Regulatory Reform.
A bill to amend 2011 PA 256, entitled
"Michigan fireworks safety act,"
by amending section 5 (MCL 28.455), as amended by 2013 PA 65.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) Consumer fireworks shall only be sold from a
retail location if all of the following applicable conditions are
met:
(a)
Except as provided in subdivision (b), a the retail
location satisfies the applicable requirements of NFPA 101 and NFPA
1124 not in conflict with this act, and the Stille-DeRossett-Hale
single state construction code act, 1972 PA 230, MCL 125.1501 to
125.1531. However, any provision of the Stille-DeRossett-Hale
single state construction code act, 1972 PA 230, MCL 125.1501 to
125.1531, that is inconsistent with the applicable requirements of
NFPA 101 and NFPA 1124 is superseded to the extent of the
inconsistency or conflict.
(b) Beginning January 1, 2013, if the retail location is a
permanent
building or structure, shall be the building or structure
is equipped with a fire suppression system in compliance with NFPA
1124.
(c) The retailer at that retail location is licensed under
section 3 of the general sales tax act, 1933 PA 167, MCL 205.53.
(d) The retailer has a valid federal taxpayer identification
number issued by the Internal Revenue Service of the federal
department
of the treasury, internal revenue service. Department of
Treasury. This requirement does not apply to a retailer that is a
sole proprietorship.
(e) The retailer displays a sign in a conspicuous place at the
retail location that clearly describes all of the following:
(i) Any limitations on the hours of the day or night during
which a person may ignite, discharge, or use consumer fireworks
under any ordinance adopted under section 7 in a local unit of
government in which the retail location is located.
(ii) The limitations on the use of fireworks on property of
another person or organization under section 12(1).
(iii) The prohibition against the sale of consumer fireworks
to minors under section 12(2) and the limitations on the use of
fireworks by minors without adult supervision under section 12(6).
(iv) The limitations on the use of fireworks while under the
influence of alcohol or controlled substances under section 12(3).
(v) A person's liability for the death or injury of an
individual, or for property damage, caused by the use of fireworks.
(2)
A person that knows, or should know, that he or she the
person
is required to comply with subsection
(1) and who that fails
or neglects to do so is responsible for a civil fine of $2,500.00
for each violation. Each day that a person is in noncompliance
constitutes a separate violation.
(3) During periods when consumer fireworks are sold, each
retail location selling consumer fireworks either shall be added as
an additional insured, or public liability and product liability
insurance coverage shall be obtained and maintained, in an amount
not less than $10,000,000.00 per occurrence. A person that knows,
or
should know, that he or she the
person is required to comply
with
this subsection and who that
fails or neglects to do so is
liable
responsible for a civil fine of not more than $5,000.00.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. ____ (request no.
04027'17) of the 99th Legislature is enacted into law.