March 14, 2006, Introduced by Senators HARDIMAN, GARCIA, STAMAS, TOY, VAN WOERKOM, BIRKHOLZ, BISHOP, KUIPERS, GOSCHKA, JELINEK, CROPSEY and SCHAUER and referred to the Committee on Economic Development, Small Business and Regulatory Reform.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 243b (MCL 750.243b).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
243b. (1) The council or commission legislative body of
a
city, or village, or the township board of a township,
upon
application
in writing, on forms provided by the
director of the
department
of state police bureau of
fire services created in
section 1b of the fire prevention code, 1941 PA 207, MCL 29.1b, may
grant a permit for the use of fireworks otherwise prohibited by
section
243a, within their political jurisdiction the city,
village, or township, manufactured for outdoor pest control or
agricultural purposes, or for public display by municipalities,
fair associations, amusement parks, or other organizations or
groups of individuals approved by the city, village, or township
authority, if the applicable provisions of this act are complied
with.
The permits shall be on forms provided by the director of
the
department of state police bureau
of fire services. After a
permit has been granted, sales, possession, or transportation of
fireworks for the purposes described in the permit only may be
made.
A permit granted under this subsection
shall is not be
transferable ,
nor shall a permit and shall
not be issued to a
person under the age of 18 years.
(2)
The council or commission legislative body of a city,
or
village, or the township board of a township,
upon
application in writing, may grant a permit, on forms provided by
the director
of the department of state police bureau
of fire
services, to a resident wholesale dealer or jobber to have in his
possession
within the political jurisdiction city, village, or
township, fireworks otherwise prohibited by section 243a, for sale
only to holders of permits as provided in this section. A permit
granted under this subsection is not transferable, nor shall a
permit be issued to a person under the age of 18 years.
(3) Before a permit for a pyrotechnic display is issued, the
person,
firm, or corporation making application therefor 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 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 thereof, in the amount, character, and form the
local
authority determines necessary for the protection of and to
protect the public.
(4) A permit shall not be issued under this act to a
nonresident person, firm, or corporation for conduct of a
pyrotechnic display 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
his the legal
representative upon whom all process in an action or proceeding
against him
the person, firm, or
corporation may be served.
(5) The local governing authority shall rule on the competency
and qualifications of operators of pyrotechnic displays, as the
operator has furnished in his application form, and on the time,
place, and safety aspects of the displays before granting permits.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1133
of the 93rd Legislature is enacted into law.