Bill Text: MI HB5932 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Fireworks: use; use of fireworks by minors without adult supervision; prohibit. Amends sec. 12 of 2011 PA 256 (MCL 28.462).
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2020-07-21 - Bill Electronically Reproduced 06/25/2020 [HB5932 Detail]
Download: Michigan-2019-HB5932-Introduced.html
HOUSE BILL NO. 5932
June 25, 2020, Introduced by Reps. Elder,
Pagan, Brenda Carter, Liberati, Hood, Sowerby, Guerra, Manoogian, Anthony,
Gay-Dagnogo, Clemente, Hammoud and Love 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 2019 PA 138.
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) A person shall not
sell consumer fireworks to a minor. A person that violates this subsection
shall be ordered to pay a civil fine of not more than $1,000.00, or, for a
second or subsequent violation of this subsection, a civil fine of not more
than $2,500.00. For a second or subsequent violation, the department shall
suspend the person's consumer fireworks certificate for 90 days beginning on
the date a civil fine is ordered. The age of an individual purchasing consumer
fireworks 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. 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 $1,000.00. 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 described in NFPA 1124, 7.3.11.1, regardless
of the type or quantity of consumer or low-impact fireworks present, is
responsible for a civil fine of $1,000.00.
(5) Signage stating the
smoking prohibition described in subsection (4) satisfies the requirements of
NFPA 1124.
(6) A person shall not
ignite, discharge, or use consumer fireworks or low-impact fireworks in a
manner that is intended to harass, scare, or injure livestock. As used in this
subsection, "livestock" means that term as defined in section 3 of the
animal industry act, 1988 PA 466, MCL 287.703.
(7)
A minor shall not ignite, discharge, or use consumer fireworks unless he or she
is supervised by an individual who is not less than 18 years of age. A minor
who violates this subsection is responsible for a state civil infraction and
may be ordered to pay a civil fine as follows:
(a)
For a first violation, a civil fine of not more than $100.00.
(b)
For a second or subsequent violation, a civil fine of not more than $200.00.
(8)
The remedies and penalties under this section do not limit a person's civil
liability for the death or injury of an individual, or for property damage,
caused by igniting, discharging, or using fireworks.
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. 5931(request no. 07118'20) of the 100th Legislature is enacted into law.
