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.