Bill Text: MI SB0265 | 2017-2018 | 99th Legislature | Chaptered


Bill Title: Fireworks; other; administration of Michigan fireworks safety fund; modify. Amends sec. 11 of 2011 PA 256 (MCL 28.461). TIE BAR WITH: SB 0264'17

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2017-11-07 - Assigned Pa 0145'17 With Immediate Effect [SB0265 Detail]

Download: Michigan-2017-SB0265-Chaptered.html

Act No. 145

Public Acts of 2017

Approved by the Governor

November 2, 2017

Filed with the Secretary of State

November 2, 2017

EFFECTIVE DATE: January 31, 2018

STATE OF MICHIGAN

99TH LEGISLATURE

REGULAR SESSION OF 2017

Introduced by Senators Stamas, Brandenburg, Jones, Hertel, Horn, Booher, Zorn, Rocca, Proos, Schmidt, Hansen, Knezek and Hopgood

ENROLLED SENATE BILL No. 265

AN ACT to amend 2011 PA 256, entitled “An act to revise, consolidate, and codify the laws relating to certain fireworks; to regulate the purchase, possession, sale, and use of certain fireworks; to establish a fireworks safety fund; to establish a fireworks safety fee; to provide for the transfer and expenditure of funds; to prescribe the powers and duties of certain state agencies; to provide for penalties and remedies; and to repeal acts and parts of acts,” by amending section 11 (MCL 28.461), as amended by 2013 PA 65.

The People of the State of Michigan enact:

Sec. 11. (1) The fireworks safety fund is created within the department of treasury.

(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.

(3) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.

(4) The department shall expend money deposited in the fund as follows:

(a) One hundred percent of the money received from fireworks safety fees under section 8 to be used for the training of firefighters under the direction and approval of the firefighters training council established under the firefighters training council act, 1966 PA 291, MCL 29.361 to 29.377.

(b) One hundred percent of the money received from consumer fireworks safety certificates under section 4 to administer this act and to pay the costs of delegating inspections under this act to local units of government under subsection (5).

(c) One hundred percent of the money received from the fees collected under section 11 of the firefighters training council act, 1966 PA 291, 29.371, to be used for the training of firefighters under the direction and approval of the firefighters training council established under the firefighters training council act, 1966 PA 291, MCL 29.361 to 29.377.

(5) The department may establish a program for delegating inspection duties under this act to 1 or more local units of government. If a local unit of government agrees to carry out inspections, the department shall pay 70% of the consumer fireworks safety certificate fee paid by each retail location inspected by the local unit of government and retain the remaining 30% of that fee. If a local unit of government declines to participate in the program described in this subsection, the department retains its inspection duties under this act.

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. 264 of the 99th Legislature is enacted into law.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor