SENATE BILL No. 361

 

 

June 5, 2019, Introduced by Senator ANANICH and referred to the Committee on Agriculture.

 

 

 

     A bill to amend 2011 PA 256, entitled

 

"Michigan fireworks safety act,"

 

by amending section 12 (MCL 28.462), as amended by 2018 PA 634.

 

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 5 3 of the animal

 

industry act, 1988 PA 466, MCL 287.705.MCL 287.703.

 

     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. 174

 

              of the 100th Legislature is enacted into law.