Bill Text: MI HB5203 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Fireworks; other; local unit of government's regulation of the ignition, discharge, and use of consumer fireworks other than the day preceding, day of, or day after Independence Day and New Year's Day and during certain hours on those dates; allow. Amends secs. 7 & 12 of 2011 PA 256 (MCL 28.457 & 28.462).

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2015-12-18 - Printed Bill Filed 12/18/2015 [HB5203 Detail]

Download: Michigan-2015-HB5203-Introduced.html

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HOUSE BILL No. 5203

December 17, 2015, Introduced by Reps. Howrylak, Heise, McCready, Hooker, Schor, Yanez, Faris, Lane, Chirkun, Phelps, Derek Miller, Plawecki, Aaron Miller and Price and referred to the Committee on Regulatory Reform.

 

     A bill to amend 2011 PA 256, entitled

 

"Michigan fireworks safety act,"

 

by amending sections 7 and 12 (MCL 28.457 and 28.462), as amended

 

by 2013 PA 65.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7. (1) Except as provided in this act, a local unit of

 

government shall not enact or enforce an ordinance, code, or

 

regulation pertaining to or in any manner regulating the sale,

 

display, storage, transportation, or distribution of fireworks

 

regulated under this act.

 

     (2) A local unit of government may enact an ordinance

 

regulating the ignition, discharge, and use of consumer fireworks,

 

including, but not limited to, an ordinance prescribing the hours

 

of the day or night during which a person may ignite, discharge, or

 

use consumer fireworks. If Subject to subsections (4) and (5), a

local unit of government that enacts an ordinance under this

 

subsection , the ordinance shall not regulate the ignition,

 

discharge, or use of consumer fireworks on the day preceding, the

 

day of, or the day after a national holiday Independence Day and

 

New Year's Day except as follows:

 

     (a) A that a local unit of government with a population of

 

50,000 or more or a local unit of government located in a county

 

with a population of 750,000 or more may regulate the ignition,

 

discharge, or use of consumer fireworks between the hours of 12

 

midnight and 8 10 a.m. or between the hours of 1 a.m. and 8 a.m. on

 

New Year's day.

 

     (b) A local unit of government with a population of less than

 

50,000 located in a county with a population of less than 750,000

 

may regulate the ignition, discharge, or use of consumer fireworks

 

between the hours of 1 a.m. and 8 a.m.

 

     (3) An A local unit of government that enacts an ordinance

 

under subsection (2) shall only impose a civil fine of not more

 

than $500.00 $1,000.00 for each violation of the ordinance and no

 

other fine or sanction.

 

     (4) This act does not limit a local unit of government's

 

regulation of noise levels.

 

     (5) This act does not limit a local unit of government's power

 

to enact a zoning ordinance under the Michigan zoning enabling act,

 

2006 PA 110, MCL 125.3101 to 125.3702.

 

     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 consumer

 

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 A person shall not sell or provide 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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.