May 8, 2018, Introduced by Reps. Lilly, Farrington, Pagan, Vaupel, Lucido, Chirkun, Yaroch, Howell, Hornberger, Victory, Crawford, Miller, Kelly, Lasinski, VanderWall, Hammoud and Hoadley 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, 6, and 7 (MCL 28.454, 28.455, 28.456,
and 28.457), sections 4, 5, and 7 as amended by 2013 PA 65.
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 comply with this
subsection 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 applicant for a consumer fireworks
certificate
shall meet do all of the following: requirements:
(a)
The application shall be submitted Submit an application
no later than April 1 of each year in which the applicant will sell
consumer
fireworks. are to be sold.
(b)
The application shall list List
on the application the
name and address of each retail location from which the applicant
will
sell consumer fireworks. are
to be sold.
(c)
The application shall be accompanied by Submit with the
application
a consumer fireworks certificate 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. The consumer fireworks certificate
fee
required to be paid for a retail location that is not a
permanent
building or structure shall must
not exceed 60% of the
consumer fireworks certificate fee for a retail location that is a
permanent building or structure. An applicant who applies for a
consumer fireworks certificate for a retail location that is not a
permanent building or structure and who does not hold a consumer
fireworks certificate for a permanent building or structure shall
file with the department of treasury a bond in the amount of
$5,000.00 to secure the collection of estimated sales tax and
fireworks safety fees.
(d)
The application shall be accompanied by Submit with the
application 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 the applicant will sell
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 The department shall
not issue a renewal consumer fireworks certificate unless the
department determines that the applicant properly remitted all of
the
required fireworks safety fees required to be paid in the
preceding
year. and sales tax for any
of the preceding 5 years that
the applicant held a consumer fireworks certificate. 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, or
deny the application. If the
department denies the application, the department shall indicate to
the applicant the reason for denial.
(5)
If the department denies issuance of an application for a
consumer fireworks certificate under this section, the applicant
may
cure any defect of in 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 The department shall not approve the transfer of
a consumer fireworks certificate unless the transferee satisfies
the eligibility requirements for an original consumer fireworks
certificate under this act. The department shall not process a
request for a transfer of location between June 1 and July 31.
(7) The holder of a consumer fireworks certificate shall
prominently display the original or a 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 holder of a consumer fireworks certificate is not
displayed
fails to display the
certificate 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 must
indicate the location or address for which it was issued.
(10)
Fees collected under this section shall must be deposited
in the fireworks safety fund.
Sec. 5. (1) Consumer A person shall not sell consumer
fireworks
shall only be sold from a retail location if unless 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
that are not in conflict with this act, and the Stille-DeRossett-
Hale single state construction code act, 1972 PA 230, MCL 125.1501
to
125.1531. However, any Any
provision of the Stille-DeRossett-
Hale single state construction code act, 1972 PA 230, MCL 125.1501
to 125.1531, that is inconsistent with the applicable requirements
of NFPA 101 and NFPA 1124 is superseded to the extent of the
inconsistency or conflict.
(b)
Beginning January 1, 2013, a A
permanent building or
structure
shall be is equipped with a fire suppression system in
compliance with NFPA 1124. Beginning on the effective date of the
2018 act that amended this subdivision and notwithstanding the NFPA
1124 requirements regarding automatic sprinkler systems, a retail
location in a permanent multitenant building or structure must be
equipped with an automatic sprinkler system. The requirement for an
automatic sprinkler system described in this subdivision does not
apply to a retail location of a person that held a consumer
fireworks certificate for a retail location of the same address in
a permanent building or structure during the calendar year before
the effective date of the 2018 act that amended this subdivision.
(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.
(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 comply with subsection (1)
is responsible for a civil fine of
$2,500.00 for each violation. Each day that a person is in
noncompliance
constitutes is a separate violation.
(3)
During periods when When a
person is selling consumer
fireworks, are
sold, each retail location selling consumer
fireworks
either shall be added the
person shall add as an
additional insured, or obtain and maintain public liability and
product
liability insurance coverage shall be obtained and
maintained,
for, each retail location
selling consumer fireworks 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 comply with
this
subsection is liable responsible for a civil fine of not more
than $5,000.00.
(4) The department shall prepare a notice of the times
permitted under this act for the ignition, discharge, and use of
consumer fireworks and make the notice available on the
department's website. The notice shall not be larger than 8-1/2
inches by 11 inches. A retailer shall provide at the time of
purchase the notice prepared by the department to a person who
purchases consumer fireworks from the retailer or prominently
display the notice in a conspicuous location near each point of
purchase at the retail location. A person who fails to provide or
display the notice required by this subsection is responsible for a
civil fine of $500.00 for each violation. The department shall
provide for the remittance of the fine collected under this
subsection to the local law enforcement agency responsible for
enforcing the notice requirement.
Sec. 6. (1) The department shall establish and maintain, or
cause
to be created established and maintained, an internet website
that has as its purpose the protection of the residents of this
state
who purchase, use, or transport fireworks. The website shall
must
include, at a minimum, but is not limited to, both of the
following:
(a) A list of every person and entity that is issued a
consumer fireworks certificate under section 4.
(b) A low-impact fireworks retail registry. All of the
following apply to the online low-impact fireworks retail registry:
(i) It shall must be maintained and
operated at no cost to a
user.
(ii) The cost of its maintenance and operation shall
must be
paid with funds described in section 11(4).
(iii) It shall must provide for instant
registry without
condition.
(2)
Beginning February 1, 2012, a A
person shall not sell low-
impact fireworks unless he or she registers with the low-impact
fireworks retail registry not less than 10 days before selling the
fireworks in each calendar year. A person who holds a valid
consumer fireworks certificate issued under section 4 is not
required to register with the low-impact fireworks retail registry.
(3) A person who sells low-impact fireworks at retail and who
fails to register as described in this section shall cease the sale
of low-impact fireworks until the person complies with subsection
(2).
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 a local unit of government enacts an
ordinance
under this subsection, the ordinance shall must 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
as follows:following days:
(a)
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
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.
(a) December 31.
(b) January 1 between 12 midnight and 1 a.m.
(c) The Saturday immediately preceding Memorial Day until
11:30 p.m.
(d) The Friday and Saturday immediately preceding July 4 until
11:30 p.m. on each of those days.
(e) June 30 until 11:30 p.m. if July 4 is a Saturday or
Sunday.
(f) July 1 to July 4 until 11:30 p.m. on each of those days.
(g) The Saturday immediately preceding Labor Day until 11:30
p.m.
(3)
An ordinance under subsection (2) shall only must 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. The ordinance must
provide for the remittance of $500.00 of the fine collected under
the ordinance described in this subsection to the local law
enforcement agency responsible for enforcing the ordinance.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.