October 14, 2015, Introduced by Senators ZORN, HORN, HANSEN and BIEDA 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 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 The
seller shall verify the age
of a purchaser 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 photographic
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. 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 person shall not sell at retail, possess, or ignite a
sky lantern or release an ignited sky lantern.
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. 562
of the 98th Legislature is enacted into law.