BillCam

HB-5939, As Passed House, December 6, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 5939

A bill to amend 2011 PA 256, entitled

"Michigan fireworks safety act,"

by amending sections 2, 4, 5, 6, 8, 10, 11, 12, 14, 15, 16, 17,

17a, 18a, 18b, and 18c (MCL 28.452, 28.454, 28.455, 28.456, 28.458,

28.460, 28.461, 28.462, 28.464, 28.465, 28.466, 28.467, 28.467a,

28.468a, 28.468b, and 28.468c), sections 2, 8, and 17 as amended

and sections 17a, 18b, and 18c as added by 2012 PA 257, sections 4,

5, 10, 12, and 18a as amended by 2013 PA 65, and section 11 as

amended by 2017 PA 145; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2. As used in this act:

(a) "Agricultural and wildlife fireworks" means fireworks

devices distributed to farmers, ranchers, and growers through a

wildlife management program administered by the United States

department Department of the interior Interior or the department of

natural resources of this state.

(b) "APA standard Standard 87-1" means 2001 APA standard the

"APA Standard 87-1, standard Standard for construction Construction

and approval Approval for transportation Transportation of

fireworks, novelties, and theatrical pyrotechnics, Fireworks,

Novelties, and Theatrical Pyrotechnics", 2001 edition, published by

the American pyrotechnics association Pyrotechnics Association of

Bethesda, Maryland.

professional use that are similar to consumer fireworks in chemical

composition and construction but not intended for consumer use,

that meet the weight limits for consumer fireworks but are not

labeled as such, and that are classified as UN0431 or UN0432 under

49 CFR 172.101.

(d) "Citation" means that term as described in section 17a.

(e) "Commercial manufacturer" means a person engaged in the

manufacture of consumer fireworks.

(f) "Consumer fireworks" means fireworks devices that are

designed to produce visible effects by combustion, that are

required to comply with the construction, chemical composition, and

labeling regulations promulgated by the United States consumer

product safety commission Consumer Product Safety Commission under

16 CFR parts 1500 and 1507, and that are listed in APA standard

Standard 87-1, 3.1.2, 3.1.3, or 3.5. Consumer fireworks does not

include low-impact fireworks.

(g) "Consumer fireworks certificate" means a certificate

issued under section 4.

(h) "Department" means the department of licensing and

regulatory affairs.

(i) "Display fireworks" means large fireworks devices that are

explosive materials intended for use in fireworks displays and

designed to produce visible or audible effects by combustion,

deflagration, or detonation, as provided in 27 CFR 555.11, 49 CFR

172, and APA standard Standard 87-1, 4.1.

(j) "Firework" or "fireworks" means any composition or device,

except for a starting pistol, a flare gun, or a flare, designed for

the purpose of producing a visible or audible effect by combustion,

deflagration, or detonation. Fireworks consist of consumer

fireworks, low-impact fireworks, articles pyrotechnic, display

fireworks, homemade fireworks, and special effects.

(k) "Fireworks safety fund" means the fireworks safety fund

created in section 11.

(l) "Homemade fireworks" means any composition or device

designed for the purpose of producing a visible or audible effect

by combustion, deflagration, or detonation that is not produced by

a commercial manufacturer and does not comply with the

construction, chemical composition, and labeling regulations of the

United States Consumer Product Safety Commission under 16 CFR parts

1500 and 1507.

(m) (l) "Local unit of government" means a city, village, or

township.

(n) (m) "Low-impact fireworks" means ground and handheld

sparkling devices as that phrase is defined under APA standard

Standard 87-1, 3.1, 3.1.1.1 to 3.1.1.8, and 3.5.

(o) (n) "Minor" means an individual who is less than 18 years

of age.

(p) (o) "NFPA" means the national fire protection association

National Fire Protection Association headquartered at 1

Batterymarch Park, Quincy, Massachusetts.

(q) (p) "NFPA 1" means the uniform fire code, "Uniform Fire

Code", 2006 edition, developed by NFPA.

(r) (q) "NFPA 72" means the "National Fire Alarm Code", 2002

edition, developed by NFPA.

(s) (r) "NFPA 101" means the "Life Safety Code", 2009 edition,

developed by NFPA.

(t) (s) "NFPA 1123" means the "Code for Fireworks Display",

2010 edition, developed by NFPA.

(u) (t) "NFPA 1124" means the "Code for the Manufacture,

Transportation, Storage, and Retail Sales of Fireworks and

Pyrotechnic Articles", 2006 edition, developed by NFPA.

(v) (u) "NFPA 1126" means the "Standard for the Use of

Pyrotechnics Before a Proximate Audience", 2011 edition, developed

by NFPA.

(w) (v) "Novelties" means that term as defined under APA

standard Standard 87-1, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4, and 3.2.5

and all of the following:

(i) Toy plastic or paper caps for toy pistols in sheets,

strips, rolls, or individual caps containing not more than .25 of a

grain of explosive content per cap, in packages labeled to indicate

the maximum explosive content per cap.

(ii) Toy pistols, toy cannons, toy canes, toy trick

noisemakers, and toy guns in which toy caps as described in

subparagraph (i) are used, that are constructed so that the hand

cannot come in contact with the cap when in place for the

explosion, and that are not designed to break apart or be separated

so as to form a missile by the explosion.

(iii) Flitter sparklers in paper tubes not exceeding 1/8 inch

in diameter.

(iv) Toy snakes not containing mercury, if packed in cardboard

boxes with not more than 12 pieces per box for retail sale and if

the manufacturer's name and the quantity contained in each box are

printed on the box, ; and toy smoke devices.

(x) (w) "Permanent building or structure" is a building or

structure that is affixed to a foundation on a site that has fixed

utility connections and that is intended to remain on the site for

more than 180 consecutive calendar days.

(y) (x) "Person" means an individual, agent, association,

charitable organization, company, limited liability company,

corporation, labor organization, legal representative, partnership,

unincorporated organization, or any other legal or commercial

entity.

(z) (y) "Retailer" means a person who that sells consumer

fireworks or low-impact fireworks for resale to an individual for

ultimate use.

(aa) (z) "Retail location" means a facility listed under NFPA

1124, 7.1.2.

(bb) (aa) "Rule" means a rule, as that term as is defined in

section 7 of the administrative procedures act of 1969, 1969 PA

306, MCL 24.207, that was promulgated by the department.

(cc) (bb) "Serious impairment of a body function" means that

term as defined in section 58c of the Michigan vehicle code, 1949

PA 300, MCL 257.58c.

(dd) (cc) "Serious violation" means a violation of this act,

an order issued under this act, or a rule promulgated or adopted by

reference under this act for which a substantial probability exists

that death or serious impairment of a body function to a person an

individual other than the violator may result unless the violator

did not and could not, with the exercise of reasonable diligence,

know of the presence of the violation.

(ee) (dd) "Special effects" means a combination of chemical

elements or chemical compounds capable of burning independently of

the oxygen of the atmosphere and designed and intended to produce

an audible, visual, mechanical, or thermal effect as an integral

part of a motion picture, radio, television, theatrical, or opera

production or live entertainment.

(ff) (ee) "State fire marshal" means the state fire marshal

appointed under section 1b of the fire prevention code, 1941 PA

207, MCL 29.1b.

(gg) (ff) "Warehouse" means a permanent building or structure

used primarily for the storage of consumer fireworks or low-impact

fireworks.

(hh) (gg) "Wholesaler" means any a person who that sells

consumer fireworks or low-impact fireworks to a retailer or any

other person for resale. Wholesaler does not include a person who

that sells only display fireworks or special effects.

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.

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

required to comply with this subsection and who that fails or

neglects to do so comply with subsection (1) is guilty of a

misdemeanor punishable by imprisonment for not more than 2 years or

a fine, or both, with the fine as follows:responsible for a civil

fine as follows:

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

$5,000.00. The department shall determine the amount of the fine

imposed under this subdivision by applying a scale, as developed by

the department, that reflects the severity of the violation.

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

$20,000.00.

not more than $40,000.00.

(3) (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 Include on the application the

name and address of each retail location from which the applicant

will sell consumer fireworks. are to be sold.

application all of the following, as applicable:

(i) A nonrefundable consumer fireworks certificate fee of

$1,000.00 $1,250.00 for a certificate for each retail location that

is a permanent building or structure or $600.00 $1,000.00 for each

retail location that is not a permanent building or structure. 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. If the application includes 10 or

more retail locations that are not permanent buildings or

structures, the fee described in this subdivision shall be $700.00

for each of those locations.

(ii) For 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, a bond in the amount of

$5,000.00 to secure the collection of estimated sales tax and

fireworks safety fees.

(iii) (d) The application shall be accompanied by a 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.

(iv) Any other document required by the department.

(4) The department shall not issue an initial 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.

(5) (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 following the year in which it is 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 on a form prescribed by the department certifying

that all information on file with the department is true and

correct, that the person's sales tax license for the retail

location is current and valid, and that the person has properly

remitted all required fireworks safety fees for the preceding year.

The department shall not issue a may deny the renewal of a consumer

fireworks certificate unless if the department determines that the

applicant did not properly remitted remit all of the required

fireworks safety fees required to be paid in the preceding year.

For all preceding years, or sales tax for any of the preceding 5

years, during which 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.

(6) (4) Not more than 30 days after an application is and all

required supporting documentation and fees are 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.

(7) (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.

(8) (6) A consumer fireworks certificate is transferable upon

approval by the department and the payment of a $25.00 $250.00

transfer fee. However, the The department shall not approve the

transfer of a consumer fireworks certificate unless the transferee

satisfies does not satisfy 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.

(9) (7) The holder of a consumer fireworks certificate shall

prominently display the original certificate or a copy of the

certificate in the appropriate each retail location to which the

certificate applies. 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.$200.00.

(10) (8) The department shall not issue a consumer fireworks

certificate to a either of the following:

(a) A person that is ineligible under this act.

(b) A person that has an outstanding fine issued under this

act not currently under appeal.

(11) (9) The face of the consumer fireworks certificate shall

must indicate the location or address for which it was issued.

(12) (10) Fees collected under this section shall 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 the retail

location and any adjacent or directly associated retail storage

satisfies the applicable requirements of NFPA 101 and NFPA 1124 for

consumer and low-impact fireworks 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, If the retail location is a

permanent building or structure, shall be the building or structure

is equipped with a fire suppression system in compliance with NFPA

1124. Beginning on the effective date of the 2018 act that added

this sentence and notwithstanding the NFPA 1124 requirements

regarding automatic sprinkler systems, if the retail location is in

a permanent multitenant building or structure, the 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 the 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 added

this sentence.

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 that fails or

neglects to do so comply with subsection (1) is responsible for a

civil fine of not more than $2,500.00 for each violation. The

department shall determine the amount of the fine imposed under

this subsection by applying a scale, as developed by the

department, that reflects the severity of the violation. Each day

that a person is in noncompliance constitutes is a separate

violation.

(3) During periods when any period of time in which 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 at which the

person is 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 is liable for If the department

determines that a person has failed or neglected to comply with

this subsection, the department shall order the person to

immediately cease operations and pay a civil fine of not more than

$5,000.00.

(4) A retailer shall provide with every purchase of consumer

fireworks a notice listing the dates and times permitted under this

act for the ignition, discharge, and use of consumer fireworks. The

notice shall begin with the following statement: "State law

permits, under MCL 28.457, the ignition, discharge, and use of

consumer fireworks at the following times:". The retailer may

provide the notice in a form and manner determined by the retailer,

including, but not limited to, printing or stamping the notice on,

or affixing the notice to, a receipt, bag, or the product being

purchased, or a printed handout provided at the time of purchase.

Posting the notice on a wall, window, display, or otherwise, at the

retail location, does not satisfy the requirements of this

subsection. A retailer who fails to provide the notice required by

this subsection is responsible for a civil fine of $100.00 for each

day on which 1 or more violations occur. 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.

(5) A person shall not engage in the retail sale of consumer

fireworks over the telephone, internet, or other like manner unless

the consumer fireworks are picked up or shipped from a permanent

location for which the person holds a valid consumer fireworks

certificate.

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 be maintained and operated at no cost to a user.

(ii) The cost of its maintenance and operation shall be paid

with funds described in section 11(4).

(iii) It shall provide for instant registry without condition.

(2) Beginning February 1, 2012, a A person shall not sell low-

impact fireworks unless he or she that person registers with the

low-impact fireworks retail registry not less than 10 days before

selling the fireworks in each calendar year and pays a $100.00

registry application fee for each retail location registered. For a

person with multiple retail locations, the registry application

fees in total shall not exceed $1,000.00. A person that holds a

valid consumer fireworks certificate issued under section 4 is not

required to register with the low-impact fireworks retail registry.

(3) A If the department determines that a person who that

sells low-impact fireworks at retail and who fails has failed to

the person to immediately cease the sale of low-impact fireworks

until the person complies with subsection (2) and pay a civil fine

of not more than $1,000.00.

Sec. 8. (1) A user fee, known as the fireworks safety fee, is

imposed on retail transactions made in this state for consumer

fireworks and low-impact fireworks as provided in section 9.

(2) A person that acquires consumer fireworks or low-impact

fireworks in a retail transaction is liable for the fireworks

safety fee on the transaction and, except as otherwise provided in

this act, shall pay the fireworks safety fee to the retailer as a

separate added amount to the consideration in the transaction. The

retailer shall collect the fireworks safety fee as an agent for the

state.

(3) The fireworks safety fee shall be deposited in the

fireworks safety fund.

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

required to comply with the requirements of subsection (2) but

fails to collect or remit a fireworks safety fee as required under

this section is guilty of a misdemeanor punishable by responsible

for a civil fine as follows:

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

$10,000.00.

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

$20,000.00.

not more than $40,000.00.

Sec. 10. (1) The retailer or person to whom A person that

holds a consumer fireworks certificate is issued is responsible for

remitting all fireworks safety fees, as described in section 9, to

the department. on forms The person shall remit the fees collected

with a form provided and in the a manner prescribed by the

department. ; The person shall hold in trust for the state the

fireworks safety fees collected in trust for the state until those

fees are remitted to the state. ; and An individual who holds a

consumer fireworks certificate is personally liable for the payment

of the fireworks safety fee money to this state.fees collected.

(2) The department may refer for collection to the department

of treasury past due amounts of the fireworks safety fee consistent

with section 13 of 1941 PA 122, MCL 205.13 or may initiate

subrogation for collection within the department.

(3) A retailer or person that is responsible for remitting the

collected fireworks safety fees under subsection (1) shall remit

the fireworks safety those fees no later than 20 days after the end

of each preceding month. A retailer or person that operates 25 or

more retail locations in this state that are permanent buildings or

structures may remit the fireworks safety collected fees in an

aggregate filing under 1 common identification number as determined

by the department.

(4) The department shall investigate any fireworks safety fees

reported, but not paid, by a retailer no later than September 30 of

each year.

(4) A person that fails to remit a fireworks safety fee as

required under this section is responsible for a civil fine as

follows:

(a) For a first violation, not more than $10,000.00.

(b) For a second violation, not more than $20,000.00.

$40,000.00.

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 certificate fees 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).

collected under section 11 of the firefighters training council

act, 1966 PA 291, MCL 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% 50% of the consumer

fireworks safety certificate fee paid by each retail location

inspected by the local unit of government and retain the remaining

30% 50% of that fee. If a local unit of government declines to

participate in the program described in this subsection, the

department retains shall retain its inspection duties under this

act.

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 A person shall not sell 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,

$1,000.00, or, for a second or subsequent violation of this

subsection, a civil fine of not more than $1,000.00. In addition,

$2,500.00. For a second or subsequent violation, the department

shall suspend the person's consumer fireworks certificate shall be

suspended for 90 days after the beginning on the date a civil fine

is ordered. for a second or subsequent violation. This age

requirement 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.

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 under

described in NFPA 1124, 7.3.11.1,regardless of the type or

quantity of consumer or low-impact fireworks present, is guilty of

a misdemeanor punishable by imprisonment for not more than 1 year

or responsible for a civil 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. 14. (1) A governmental or law enforcement agency that

identifies a firework that is in violation of this act shall secure

the firework and immediately notify the department of the alleged

violation. The department or law enforcement agency shall

investigate the alleged violation for compliance with this act.

within a reasonable time.

(2) If the department or law enforcement agency determines

through its investigation under subsection (1) that a violation of

this act has occurred, except for a violation of section 6(2), the

department or law enforcement agency may seize the firework as

evidence of the violation. Evidence The department or law

enforcement agency shall store, or cause to be stored, the evidence

seized under this section shall be stored pending disposition of

any criminal or civil proceedings arising from a the violation. of

this act at the expense of the person, if If the person subject to

criminal or civil proceedings under this section is found guilty,

responsible, or liable for the violation, the person shall be

required to pay the storage expense for the evidence seized.

Sec. 15. (1) Fireworks seized for an alleged violation of this

act shall be stored in compliance with this act and the rules

promulgated under this act.

(2) Following a final disposition of an appeal of a conviction

for violating under this act that affirms the conviction, the

seizing agency in possession department may dispose of or destroy

any fireworks retained as evidence in that prosecution.

(3) The A person from whom fireworks are seized under this act

shall pay the actual costs of storage and disposal of the seized

fireworks if found guilty, responsible, or liable for a violation

under this act.

(4) The department of state police and the The department may

use fireworks described in subsection (2) for training purposes.

Sec. 16. (1) The legislative body of a city, village, or

township, upon application in writing on forms provided by the

department on the department's website and payment of a fee set by

the legislative body, if any, may grant a permit for the use of

agricultural or wildlife fireworks, articles pyrotechnic, display

fireworks, consumer fireworks, or special effects manufactured for

outdoor pest control or agricultural purposes, or for public or

private display within the city, village, or township by

municipalities, fair associations, amusement parks, or other

organizations or individuals approved by the city, village, or

township authority, if the applicable provisions of this act are

complied with. met. After a permit has been granted, sales,

possession, or transportation of a permit holder may sell, possess,

or transport fireworks for only the purposes described in the

permit. only may be made. A permit granted under this subsection is

not transferable and shall not be issued to a minor.

(2) Before a permit for articles pyrotechnic or a display

fireworks ignition is issued, the person, firm, or corporation

applying for the permit shall furnish proof of financial

responsibility by a bond or insurance in an amount, character, and

form deemed necessary by the local governing authority to protect

the public and to satisfy claims for damages to property or

personal injuries arising out of an act or omission on the part of

the person, firm, or corporation or an agent or employee of the

person. , firm, or corporation, and to protect the public.

(3) A The department shall not issue under this act a permit

shall not be issued under this act to a nonresident person, firm,

or corporation for ignition of articles pyrotechnic or display

fireworks in this state until the person, firm, or corporation has

appointed in writing a resident member of the bar of this state or

a resident agent to be the legal representative upon whom all

process in an action or proceeding against the person, firm, or

corporation may be served.

(4) The Before granting a permit under this act, the local

governing authority shall rule on the competency and qualifications

of an articles pyrotechnic and display fireworks operators as

required operator, as furnished by the operator on the operator's

application form, in accordance with the requirements provided

under NFPA 1123, as the operator has furnished in his or her

application form, and on the time, place, and safety aspects of the

display of articles pyrotechnic or display fireworks. before

granting permits.

(5) A local unit of government that charges and collects a fee

to issue a permit under this section shall retain the collected

fee. paid.

Sec. 17. Except as otherwise provided in this act, this act

does not prohibit any of the following:

(a) A wholesaler, retailer, commercial manufacturer, or

importer from selling, storing, using, transporting, or

distributing consumer fireworks or low-impact fireworks.

(b) The use of fireworks by railroads or other transportation

agencies or law enforcement agencies for signal purposes or

illumination.

(d) The sale or use of blank cartridges for any of the

following:

(i) A show or play.

(ii) Signal or ceremonial purposes in athletics or sports.

(iii) Use by military organizations.

(iv) Use by law enforcement agencies.

(e) The possession, sale, or disposal of fireworks incidental

to the public display of fireworks by wholesalers or other persons

who possess a permit to possess, store, and or sell explosives from

the bureau of alcohol, tobacco, firearms, and explosives of the

United States department of justice.Department of Justice.

(f) Interstate wholesalers from selling, storing, using,

transporting, or distributing fireworks.

(g) A person from parking a motor vehicle, or trailer, that is

not being used for the storage of consumer fireworks, within 10

feet of a permanent building or structure used in the retail sale

of consumer fireworks.

Sec. 17a. (1) If, as a result of an inspection or

investigation, the state fire marshal or the state fire marshal's

designee believes that a person has violated this act, an order

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

state fire marshal or his or her the state fire marshal's designee

shall issue a citation to the person not more than 90 days after

the completion of the physical inspection or investigation.

(2) The state fire marshal or the state fire marshal's

designee shall issue the citation described in subsection (1) to

the holder of the consumer fireworks certificate for, or to a

person conducting or directing the sale of consumer fireworks

without a consumer fireworks certificate at, the retail location

that is the subject of the inspection or investigation. A holder of

a consumer fireworks certificate, or a person conducting or

directing the sale of consumer fireworks without a consumer

fireworks certificate, as described in this subsection, is

responsible for the acts or omissions of an individual under that

person's employ or control.

(3) (2) Except as otherwise provided in this act, upon

issuance of a citation, the state fire marshal may immediately

suspend the consumer fireworks certificate of the person to whom

receiving the citation. was issued.

(4) (3) Upon a proper petition, a court of competent

jurisdiction may enjoin a violation of this act.

(5) (4) All of the following apply to a citation issued by the

state fire marshal or the state fire marshal's designee under this

act:

(a) It shall be in writing.

(b) It shall state on its face that it is an allegation of a

violation of this act, describe with particularity the nature of

the violation, and include a reference to the provision, rule, or

order alleged to be violated.

(i) The date of the citation.

(ii) The name and title of the individual who issued the

citation.

(iii) The name and address of the person to whom receiving the

citation. is issued.

(iv) The actions necessary to bring the person to whom

receiving the citation is issued into compliance, including the

payment of a fine.

(v) A space for the signature of the person to whom receiving

the citation is issued indicating that the person has received the

citation.

(vi) A space where the person to whom receiving the citation

is issued may accept the citation and agree to comply or, in the

alternative, may indicate the person's intent of the person to whom

the citation is issued to contest the citation.

(vii) A notice that the person to whom receiving the citation

is issued shall must accept or reject the terms of the citation in

writing within 15 days of the date receipt of the citation.

(viii) A brief description of the administrative hearing

process and the process for settlement as provided for by rule.

(d) A citation may either be mailed to the person to whom

receiving the citation is issued by certified mail, return receipt

requested, or delivered in person by the state fire marshal, or the

state fire marshal's designee who issued the citation.

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

person who that 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

that 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 an individual who commits a criminal violation of this act.

(5) All A civil fines collected fine ordered under this

section act shall be paid to the department within 15 working days

after the date the penalty civil fine 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.

Sec. 18b. (1) The department shall not issue, and a person an

individual is ineligible to be issued, a consumer fireworks

certificate if, either of the following apply:as verified by the

internet criminal history access tool (ICHAT) maintained by the

department of state police, the individual was convicted of a

felony involving theft, fraud, or arson.

(a) The person was sentenced for a felony conviction within

the preceding 5 years.

(b) The person has ever been convicted of a felony involving

theft, fraud, or arson.

(2) If a person is convicted of a crime that would cause the

person to be ineligible to be issued a consumer fireworks

certificate on April 30 of the following year, the person's

consumer fireworks certificate shall be revoked for the balance of

the year for which the person's current consumer fireworks

certificate was issued.If due to a criminal conviction an

individual will be ineligible for a consumer fireworks certificate

on April 30 of the year following the year for which the individual

currently holds a consumer fireworks certificate, the department

shall revoke the current consumer fireworks certificate for the

balance of the current year.

Sec. 18c. (1) A person who that is convicted found responsible

for any of the following offenses is ineligible, beginning on the

date of the finding, to obtain a consumer fireworks certificate for

the following periods period of time after conviction:indicated:

(a) For a A second violation of section 4(1), 5 years.

(b) For a A third or subsequent violation of section 4(1), 10

years.

(d) For a A second violation of section 8(4), 5 years.

(e) For a A third or subsequent violation of section 8(4), 10

years.

(f) For a A violation of subject to section 18(1)(b), 1 year.

(g) For a A violation of subject to section 18(1)(c),

permanently.

(h) For a A violation of subject to section 18(1)(d),

permanently.

(2) A sanction imposed under subsection (1) shall be imposed

in addition to any other penalty or sanction imposed for a

violation of this act.

Enacting section 1. Section 13 of the Michigan fireworks

safety act, 2011 PA 256, MCL 28.463, is repealed.