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2011 House Bill 4293: Revise fireworks regulations

Public Act 256 of 2011

  1. Introduced by Rep. Harold Haugh (D) on February 17, 2011, to establish a comprehensive regulatory regime for the sale, distribution and use of fireworks, including licensing, fees, and retail location taxes. Prohibitions on some types of “consumer fireworks” that are currently illegal would be removed, and this appears to include firecrackers, bottle rockets, aerial spinners, Roman candles, etc. (“APA standard 87-1” fireworks). The bill proposes a $5,000 permit fee for selling these fireworks, and mandates that they be sold only from permanent buildings meeting specified requirements. “Low grade” fireworks (sparklers, etc.) could be sold from supermarkets and other large retail stores as is current practice, or by a nonprofit organization from a tent placed in a narrow set of specified locations.
    • Referred to the House Regulatory Reform Committee on February 17, 2011.
      • Reported in the House on May 4, 2011, with the recommendation that the substitute (H-4) be adopted and that the bill then pass.
    • Substitute offered in the House on October 18, 2011, to replace the previous version of the bill with one that revises various details. This version was superseded by another substitute with more changes. The substitute failed by voice vote in the House on October 18, 2011.
    • Substitute offered by Rep. Harold Haugh (D) on October 18, 2011, to replace the previous version of the bill with one that makes many substantive changes resulting from months of discussions and negotiations with interested parties. The substitute passed by voice vote in the House on October 18, 2011.
  2. Passed 98 to 10 in the House on October 19, 2011, to establish a comprehensive regulatory regime for the sale, distribution and use of currently-illegal "consumer fireworks" including firecrackers, bottle rockets, aerial spinners, Roman candles, etc. (“APA standard 87-1” fireworks). The bill proposes a $1,000 permit fee for sellers, $600 for temporary location "tent" sellers. It also would impose a mandate for sellers to carry a $10 million insurance policy, and a 6 percent tax ("fireworks safety fee") in addition to the usual 6 percent sales tax. Local governments could prohibit residents from using fireworks (except during national holiday periods), but could not ban fireworks sellers who meet the bill's conditions.
    Who Voted "Yes" and Who Voted "No"

  3. Received in the Senate on October 20, 2011.
    • Referred to the Senate Regulatory Reform Committee on October 20, 2011.
      • Referred in the Senate on November 8, 2011, with the recommendation that the substitute (S-1) be adopted and that the bill then pass.
    • Substitute offered in the Senate on November 9, 2011, to replace the previous version of the bill with one that revises details but does not change the substance as previously described. The substitute passed by voice vote in the Senate on November 9, 2011.
    • Amendment offered by Sen. Howard Walker (R) on November 9, 2011, to establish a statewide 12 midnight to 10 a.m. curfew on setting off fireworks, or 1 a.m. to 9 a.m. on federal holidays, unless a local government ordinance specifies earlier or later curfew times. The amendment failed by voice vote in the Senate on November 9, 2011.
  4. Passed 33 to 1 in the Senate on November 9, 2011, to establish a comprehensive regulatory regime for the sale, distribution and use of currently-illegal "consumer fireworks" including firecrackers, bottle rockets, aerial spinners, Roman candles, etc. (“APA standard 87-1” fireworks). The bill proposes a $1,000 permit fee for sellers, $600 for temporary location "tent" sellers. It also would impose a mandate for sellers to carry a $10 million insurance policy, and a 6 percent tax ("fireworks safety fee") in addition to the usual 6 percent sales tax. Local governments could prohibit residents from using fireworks (except during national holiday periods), but could not ban fireworks sellers who meet the bill's conditions.
    Who Voted "Yes" and Who Voted "No"

  5. Received in the House on November 9, 2011.
    • Amendment offered by Rep. Harold Haugh (D) on November 10, 2011, to revise some technical references in the bill. The amendment passed by voice vote in the House on November 10, 2011.
  6. Passed 97 to 10 in the House on November 10, 2011, to concur with the Senate-passed version of the bill.
    Who Voted "Yes" and Who Voted "No"

  7. Received in the Senate on November 10, 2011, to concur with the House-passed version of the bill. Passed 34 to 1 in the Senate on November 10, 2011.
    Who Voted "Yes" and Who Voted "No"

  8. Signed by Gov. Rick Snyder on December 13, 2011.

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