Bill Summary for S 590 (2017-2018)

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Summary date: 

Apr 4 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 590 (Public) Filed Tuesday, April 4, 2017
AN ACT TO PERMIT THE SALE, POSSESSION, AND DISCHARGE OF CERTAIN CONSUMER FIREWORKS AND TO LEVY AN EXCISE TAX ON THE SALES OF CONSUMER FIREWORKS.
Intro. by Brock, Gunn.

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Bill summary

Amends GS 14-410 to establish that it is permissible for pyrotechnics that are consumer fireworks to be advertised, sold, used, transported, handled, or discharged within the state, so long as the advertising, sale, use, transportation, handling, or discharge complies with Part 2 of Article 82A of GS Chapter 58, enacted below. Changes the age to which it is unlawful to sell pyrotechnics, establishing that it is unlawful for any individual, firm, partnership, or corporation to sell pyrotechnics as defined in GS 14-414(2), (3), (4)c., (5), or (6) to persons under the age of 18 (currently, under the age of 16). Makes conforming changes to the statute's title.

Recodifies GS 58-82A-1 through GS 58-82A-55 as Part 1 of Article 82A of GS Chapter 58, and names it Display Pyrotechnics Training Permitting and enacts new Part 2, Consumer Fireworks, as follows. Defines consumer fireworks to mean any small fireworks device designed primarily to produce visible effects by combustion or deflagration that (1) is categorized as a 1.4G firework device under Standard 87-1 of the American Pyrotechnics Association and (2) complies with the construction, chemical composition, and labeling regulations of the US Consumer Product Safety Commission, as set forth in the CFR, volumes 16 and 49. Makes conforming change to amend GS 14-410(c), to define consumer fireworks as the term is defined in GS 58-82A-80(1) (as just described), unless otherwise excluded by the Commissioner under the authority granted in GS 58-82A-105, described below. Defines other terms applicable to new Part 2.

Places the following conditions on the possession and use of consumer fireworks: (1) the person possessing or using the consumer fireworks must be at least 18 years old; (2) the use of consumer fireworks may occur only between the hours of 10 am and 10 pm except for other specified times on July 4th and December 31st and the following January 1st; (3) the discharge of consumer fireworks is prohibited in or on the premises of a public or private primary or secondary school unless the person has received written authorization from the school; on the campus of a college or university unless the person has received written authorization from the college or university; and within 1,500 feet of a hospital, veterinary hospital, licensed child care center, fireworks retailer, fireworks distributor, gas station, or bulk storage facility for petroleum products or other explosive or flammable substances; and (4) the possession or discharge of consumer fireworks is prohibited in or on the premises of any public park or public space, except as otherwise permitted by the person, state agency, or unit of local government owning or otherwise controlling the park, property, or space. 

Prohibits selling consumer fireworks or ground and handheld sparkling devices and novelties without a permit from a county or city authorized to issue retail fireworks and sparkling device permits. Sets out conditions that must be met for permits to be issued to a person to operate a fireworks retailer or a sparkling device retailer and establishes permit fees. Prohibits a county or city from restricting or excluding the transportation of consumer fireworks across or through the county or city. 

Sets out conditions that must be contained in any permit issued for a fireworks retailer or consumer fireworks distributor, and the additional conditions that must be contained in any permit issued for a consumer fireworks permanent retailer. Requires a permit issued to an incidental sparkling device retailer or a sparkling device temporary retailer to allow the sale of ground and handheld sparkling devices and novelties only, and to require compliance with NFPA standards applicable to those sales. Defines NFPA standards to mean Standard 1124 of the National Fire Protection Association, 2006 edition, as it applies to the retail sale or distribution of consumer fireworks, except as provided in Part 2.

Sets out provisions concerning the power of the Commissioner of Insurance to exclude certain types or categories of pyrotechnics from the definition of consumer fireworks so long as the determination is evidence-based, and prohibiting the use of consumer fireworks during declared hazardous forest fire conditions.

Establishes that GS 14-415 (violations of the prohibition on the manufacture, sale and use of pyrotechnics) and GS 58-2-70 (Civil penalties or restitution for violations; administrative procedure) apply to violations of Part 2. Authorizes the Commissioner, a State law enforcement officer, a municipal law enforcement officer, a code enforcement officer, or a fire safety official to petition the district court to seize or remove, at the expense of the permit holder, fireworks sold, offered for sale, stored, possessed, or used in violation of Part 2. Authorizes the Commissioner or a permitting authority to suspend or revoke the license if a permitee is found guilty of (1) selling fireworks or explosives not defined in Chapter 83 of Standard 87-1 of the American Pyrotechnics Association or (2) selling fireworks without a valid permit. Alternatively, or additionally, authorizes the Commissioner or permitting authority to order the payment of the civil penalty that is no less than $1,000 and no more than $10,000. Sets out factors the Commissioner or local permitting authority is to consider in determining the amount of the penalty. Directs the clear proceeds of the penalty to be remitted to the Civil Penalty and Forfeiture Fund in accordance with GS 115C-457.2. Clarifies that payment of the civil penalty is to be in addition to payment of any other penalty for a violation of state criminal laws. 

Authorizes the permitting authority, by majority vote, to suspend the permit of a person authorized to sell consumer fireworks or sparkling devices for engaging in: (1) selling consumer fireworks or sparkling devices within the state without a valid permit; (2) selling consumer fireworks or sparkling devices to a person who appears to be under the influence of alcohol or drugs; or (3) knowingly aiding or assisting in procuring, furnishing, giving, selling, or delivering consumer fireworks or sparkling devices to a person under the age of 18. Provides that it is an affirmative defense to any disciplinary action taken pursuant to this provision that the permit holder procured, furnished, gave, sold, or delivered consumer fireworks or sparkling devices to a person under the age of 18 in reasonable reliance upon fraudulent proof of age presented to the permit holder. Sets forth that a person whose permit has been suspended under this provision must receive a hearing before the applicable body within 10 days of the suspension, and if the suspension is upheld, the person can seek judicial review in superior court. 

Enacts new GS 153A-130.1 and GS 160A-190.1 allowing counties and cities to, by ordinance, regulate the use and sales of consumer fireworks and sparkling devices to the public. Prohibits application of a county ordinance regulating the use and sales of consumer fireworks and sparkling devices to the public to a city located within the county that has adopted a city ordinance to regulate the use and sales of consumer fireworks and sparkling devices to the public. 

Enacts Article 2E to Subchapter I of GS Chapter 105, requiring an excise tax to be levied on consumer fireworks at the rate of 5% of the cost price of the products. Establishes that a person who sells consumer fireworks at retail is subject to and liable for this tax. Sets forth other provisions pertaining to tax on consumer fireworks, including filing monthly reports, discounts for timely filing a report and timely paying the tax, refunds, recordkeeping, and use of the tax. Applies to the cost price paid for fireworks on or after July 1, 2017.

Effective July 1, 2017.