Bill Text: MI SB0375 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Fireworks; use; local control of consumer fireworks use; expand, and amend certain licensing requirements. Amends secs. 4, 5, 7, 12 & 18a of 2011 PA 256 (MCL 28.454 et seq.). TIE BAR WITH: HB 4744'13, SB 0376'13

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2013-05-22 - Referred To Committee On Regulatory Reform [SB0375 Detail]

Download: Michigan-2013-SB0375-Introduced.html

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SENATE BILL No. 375

 

 

May 22, 2013, Introduced by Senators HILDENBRAND and JONES and referred to the Committee on Regulatory Reform.

 

 

 

     A bill to amend 2011 PA 256, entitled

 

"Michigan fireworks safety act,"

 

by amending sections 4, 5, 7, 12, and 18a (MCL 28.454, 28.455,

 

28.457, 28.462, and 28.468a), sections 4 and 12 as amended and

 

section 18a as added by 2012 PA 257.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4. (1) A person shall not sell consumer fireworks unless

 

the person annually obtains and maintains a consumer fireworks

 

certificate from the department under this section. A person who

 

knows, or should know, that he or she is required to comply with

 

this subsection and who fails or neglects to do so is guilty of a

 

misdemeanor punishable by imprisonment for not more than 2 years or

 

a fine, or both, with the fine as follows:

 

     (a) For a first violation of this subsection, not more than

 

$5,000.00.

 

     (b) For a second violation of this subsection, not more than

 

$20,000.00.

 

     (c) For a third or subsequent violation of this subsection,

 

not more than $40,000.00.

 

     (2) An application for a consumer fireworks certificate shall

 

meet all of the following requirements:

 

     (a) Before January 1, 2012, the application shall be submitted

 

not less than 90 days before the applicant sells consumer

 

fireworks.

 

     (a) (b) Beginning January 1, 2012, the The application shall

 

be submitted no later than April 1 of each year in which consumer

 

fireworks are to be sold.

 

     (b) (c) The application shall list the name and address of

 

each retail location from which consumer fireworks are to be sold.

 

     (c) (d) Until January 1, 2014, the The application shall be

 

accompanied by a fee of $1,000.00 for a certificate for each retail

 

location that is a permanent building or structure or $600.00 for

 

each retail location that is not a permanent building or structure.

 

Until January 1, 2014, the The fireworks certificate fee required

 

to be paid for a retail location that is not a permanent building

 

or structure shall not exceed 60% of the fireworks certificate fee

 

for a retail location that is a permanent building or structure.

 

     (d) (e) The application shall be accompanied by a copy of the

 

applicant's current sales tax license, including the applicant's

 

account number, issued by the department of treasury for each

 

retail location where consumer fireworks are to be sold by the

 

applicant.

 

     (3) A consumer fireworks certificate issued under this section

 

is valid from the date of issue until April 30 of the year after it

 

was issued. A person may renew a consumer fireworks certificate for

 

a retail location by making application in the same manner as

 

provided under subsection (2). However, the department shall not

 

issue a renewal consumer fireworks certificate unless the

 

department determines that the applicant properly remitted all of

 

the fireworks safety fees required to be paid in the preceding

 

year. The department shall provide to the department of treasury

 

the sales tax license information received from the applicant and

 

any additional information as may be necessary to allow the

 

department of treasury to confirm that each sales tax license

 

submitted by the applicant is current and valid. The department

 

shall enter into an agreement with the department of treasury under

 

section 28(1) of 1941 PA 122, MCL 205.28, that will allow the

 

department of treasury to provide that information to the

 

department. The department shall not issue an original or renewal

 

consumer fireworks certificate to an applicant until the department

 

of treasury has confirmed to the department that each sales tax

 

license submitted by the applicant is current and valid, and that

 

the applicant is otherwise eligible to obtain a consumer fireworks

 

certificate under this act.

 

     (4) Not more than 30 days after an application is submitted to

 

the department under this section, the department shall issue or

 

deny issuance of a consumer fireworks certificate to the applicant

 

and, if issuance is denied, shall indicate to the applicant the

 

reason for denial.

 

     (5) If the department denies issuance of a consumer fireworks

 

certificate under this section, the applicant may cure any defect

 

of the application within 45 days after the denial without paying

 

an additional fee. The department shall not unreasonably delay or

 

deny an application under this section.

 

     (6) A consumer fireworks certificate is transferable upon

 

approval by the department and the payment of a $25.00 transfer

 

fee. However, the department shall not approve the transfer of a

 

consumer fireworks certificate unless the transferee satisfies

 

eligibility requirements for an original consumer fireworks

 

certificate under this act.

 

     (7) The holder of a consumer fireworks certificate shall

 

prominently display the original or copy of the certificate in the

 

appropriate retail location. A person that violates this subsection

 

is responsible for a civil fine of $100.00. Each day that the

 

consumer fireworks certificate is not displayed as required under

 

this subsection is a separate violation.

 

     (8) The department shall not issue a consumer fireworks

 

certificate to a person that is ineligible under this act.

 

     (9) The face of the consumer fireworks certificate shall

 

indicate the location or address for which it was issued.

 

     (10) Fees collected under this section shall be deposited in

 

the fireworks safety fund.

 

     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 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 act, 1972 PA 230, MCL 125.1501 to 125.1531.

 

     (b) Beginning 1 year after the effective date of this act,

 

January 1, 2013, a permanent building or structure shall be

 

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 federal department of the treasury, internal

 

revenue service. This requirement does not apply to a retailer that

 

is a sole proprietorship.

 

     (e) Signage is posted in the retail facility that informs the

 

consumer of all of the following:

 

     (i) That the consumer may view a copy of this act by visiting

 

the department's website.

 

     (ii) That the consumer may contact the local unit of government

 

in which the retail facility is located to learn about local

 

ordinances concerning the use of consumer fireworks.

 

     (f) The department shall promulgate rules prescribing the

 

requirements for the signage under subdivision (e).

 

     (2) A person that knows, or should know, that he or she is

 

required to comply with subsection (1) and who 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 is required to comply with this

 

subsection and who fails or neglects to do so is liable for a civil

 

fine of not more than $5,000.00.

 

     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. However, an ordinance enacted under this

 

subsection 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 except any time between the hours of 12

 

midnight and 8 a.m. An ordinance under this subsection shall only

 

impose a civil fine of not more than $500.00 for each violation of

 

the ordinance and no other fine or sanction.

 

     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.

 

     Sec. 18a. (1) Except as otherwise provided in this section, a

 

person who receives a citation for a serious violation, an order

 

issued under this act, or a rule promulgated under this act shall

 

be assessed a civil fine of not more than $1,000.00 for each

 

violation.

 

     (2) Except as otherwise provided in this section, a person who

 

receives a citation for a violation of this act that is not a

 

serious violation may be assessed a civil fine of not more than

 

$500.00 for each violation.

 

     (3) Subsections (1) and (2) do not apply to violations for

 

which a specific civil fine is provided by this act.

 

     (4) The state fire marshal may request that the prosecuting

 

attorney for the county in which a violation of this act occurred

 

issue a complaint and request a warrant for the prosecution of a

 

person who commits a criminal violation of this act.

 

     (5) All civil fines collected under this section shall be paid

 

to the department within 15 working days after the date the penalty

 

is ordered, not subject to further review, and credited to the

 

fireworks safety fund.

 

     (6) The department of treasury shall institute proceedings to

 

collect any civil fines ordered but not paid under this act.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No.____ (request no.

 

02259'13) of the 97th Legislature is enacted into law.