May 16, 2013, Introduced by Reps. Haugh, Schor, Tlaib, Faris, Roberts, Dillon, Goike, Yonker, Geiss, Foster, Crawford, McBroom, Lane, McCann, Driskell, Dianda and Nathan and referred to the Committee on Regulatory Reform.
A bill to amend 2011 PA 256, entitled
"Michigan fireworks safety act,"
by amending sections 10 and 11 (MCL 28.460 and 28.461).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
10. A retailer shall remit the fireworks safety fee as
described
in section 9 to the department on forms and in the manner
prescribed
by the department, shall hold the fireworks safety fees
collected
in trust for the state until remitted to the state, and
is
personally liable for the payment of the fireworks safety fee
money
to this state.
(1) The retailer or person to whom a consumer fireworks
certificate is issued is responsible for remitting all fireworks
safety fees as described in section 9 to the department on forms
and in the manner prescribed by the department; shall hold the
fireworks safety fees collected in trust for the state until
remitted to the state; and is personally liable for the payment of
the fireworks safety fee money to this state.
(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.
(3) A retailer shall remit the fireworks safety fees no later
than 20 days after the end of each preceding month.
(4) The department shall investigate any fireworks safety fees
reported, but not paid, by a retailer no later than September 30 of
each year.
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 to
carry
out the purposes of this act, the fire prevention code, 1941
PA
207, MCL 29.1 to 29.33, and the firefighters training council
created
under section 3 of the firefighters training council act,
1966
PA 291, MCL 29.363. Of the first $1,000,000.00 collected in
the
fireworks safety fund in each fiscal year, the department may
expend
not more than $1,000,000.00 in discretionary grants to local
units
of government to defray inspection costs associated with the
enforcement
of this act.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 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).
(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% of the consumer fireworks
safety certificate fee paid by each retail location inspected by
the local unit of government and retain the remaining 30% of that
fee. If a local unit of government declines to participate in the
program described in this subsection, the department retains its
inspection duties under this act.