September 12, 2017, Introduced by Reps. Elder, Hammoud, Sabo, Moss, Gay-Dagnogo, Yanez, Howrylak, Camilleri, Liberati and Wittenberg and referred to the Committee on Regulatory Reform.
A bill to amend 2011 PA 256, entitled
"Michigan fireworks safety act,"
by amending section 12 (MCL 28.462), as amended by 2013 PA 65.
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)
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 is
responsible for 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:For purposes of this subsection, a purchaser
must present
1 of the following forms of identification to the seller, and the
seller shall examine that identification to verify the age of the
purchaser:
(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 form
of identification that
includes a photograph and 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.
(6) A minor shall not ignite, discharge, or use consumer
fireworks unless he or she is supervised by an individual who is at
least 18 years old. A minor who violates this subsection is
responsible for a civil fine of not more than $100.00 or, for a
second or subsequent violation of this subsection, a civil fine of
not more than $200.00.
(7) The remedies and penalties under this section do not limit
a person's civil liability for the death or injury of an
individual, or for property damage, caused by igniting,
discharging, or using fireworks.
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. ____ or House Bill No. 4924 (request no.
03748'17) of the 99th Legislature is enacted into law.