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| 4 | 4 | | LCO No. 1056 1 of 9 |
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| 5 | 5 | | |
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| 6 | 6 | | General Assembly Raised Bill No. 132 |
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| 7 | 7 | | February Session, 2022 |
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| 8 | 8 | | LCO No. 1056 |
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| 9 | 9 | | |
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| 10 | 10 | | |
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| 11 | 11 | | Referred to Committee on PUBLIC SAFETY AND SECURITY |
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| 12 | 12 | | |
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| 13 | 13 | | |
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| 14 | 14 | | Introduced by: |
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| 15 | 15 | | (PS) |
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| 16 | 16 | | |
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| 17 | 17 | | |
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| 18 | 18 | | |
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| 19 | 19 | | |
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| 20 | 20 | | AN ACT CONCERNING THE SALE AND USE OF CONSUMER GRADE |
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| 21 | 21 | | FIREWORKS. |
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| 22 | 22 | | Be it enacted by the Senate and House of Representatives in General |
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| 23 | 23 | | Assembly convened: |
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| 24 | 24 | | |
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| 25 | 25 | | Section 1. Section 29-356 of the general statutes is repealed and the 1 |
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| 26 | 26 | | following is substituted in lieu thereof (Effective October 1, 2022): 2 |
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| 27 | 27 | | As used in sections 29-356 to 29-365, inclusive, and section 3 of this 3 |
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| 28 | 28 | | act: 4 |
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| 29 | 29 | | (1) "Fireworks" means and includes any combustible or explosive 5 |
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| 30 | 30 | | composition, or any substance or combination of substances or article 6 |
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| 31 | 31 | | prepared for the purpose of producing a visible or an audible effect by 7 |
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| 32 | 32 | | combustion, explosion, deflagration or detonation, and includes blank 8 |
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| 33 | 33 | | cartridges, toy pistols, toy cannons, toy canes or toy guns in which 9 |
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| 34 | 34 | | explosives are used, the type of balloons which require fire underneath 10 |
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| 35 | 35 | | to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, 11 |
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| 36 | 36 | | Daygo bombs, and any fireworks containing any explosive or 12 |
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| 37 | 37 | | flammable compound, or any tablets or other device containing any 13 |
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| 38 | 38 | | explosive substance, except that the term "fireworks" shall not include 14 |
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| 39 | 39 | | consumer fireworks, sparklers and fountains and toy pistols, toy canes, 15 Raised Bill No. 132 |
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| 40 | 40 | | |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LCO No. 1056 2 of 9 |
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| 44 | 44 | | |
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| 45 | 45 | | toy guns or other devices in which paper caps manufactured in 16 |
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| 46 | 46 | | accordance with the regulations of the United States Interstate 17 |
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| 47 | 47 | | Commerce Commission or its successor agency for packing and 18 |
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| 48 | 48 | | shipping of toy paper caps are used and toy pistol paper caps 19 |
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| 49 | 49 | | manufactured as provided therein. 20 |
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| 50 | 50 | | (2) "Sparklers" means a wire or stick coated with pyrotechnic 21 |
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| 51 | 51 | | composition that produces a shower of sparks upon ignition. 22 |
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| 52 | 52 | | (3) "Fountain" means any cardboard or heavy paper cone or 23 |
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| 53 | 53 | | cylindrical tube containing pyrotechnic mixture that upon ignition 24 |
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| 54 | 54 | | produces a shower of colored sparks or smoke. "Fountain" includes, but 25 |
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| 55 | 55 | | is not limited to, (A) a spike fountain, which provides a spike for 26 |
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| 56 | 56 | | insertion into the ground, (B) a base fountain which has a wooden or 27 |
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| 57 | 57 | | plastic base for placing on the ground, or (C) a handle fountain which is 28 |
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| 58 | 58 | | a handheld device with a wooden or cardboard handle. 29 |
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| 59 | 59 | | (4) "Consumer fireworks" has the same meaning as in 27 CFR 555.11, 30 |
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| 60 | 60 | | as amended from time to time, except "consumer fireworks" does not 31 |
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| 61 | 61 | | include (A) any device with more than five hundred grams of 32 |
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| 62 | 62 | | pyrotechnic compound; (B) consumer reloadable mortar-type 33 |
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| 63 | 63 | | fireworks, bottle rockets, Texas pop rockets and similar stick rockets, 34 |
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| 64 | 64 | | sky lanterns, lady fingers, ground salutes, celebration crackers and any 35 |
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| 65 | 65 | | other similar devices; or (C) sparklers or fountains. 36 |
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| 66 | 66 | | Sec. 2. Section 29-357 of the general statutes is repealed and the 37 |
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| 67 | 67 | | following is substituted in lieu thereof (Effective October 1, 2022): 38 |
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| 68 | 68 | | (a) Except as provided in subsection (b) of this section or section 3 of 39 |
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| 69 | 69 | | this act, no person, firm or corporation shall offer for sale, expose for 40 |
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| 70 | 70 | | sale, sell at retail or use or explode or possess with intent to sell , use or 41 |
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| 71 | 71 | | explode any fireworks. A person who is sixteen years of age or older 42 |
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| 72 | 72 | | may offer for sale, expose for sale, sell at retail, purchase, use or possess 43 |
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| 73 | 73 | | with intent to sell or use sparklers or fountains of not more than one 44 |
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| 74 | 74 | | hundred grams of pyrotechnic mixture per item, which are 45 |
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| 75 | 75 | | nonexplosive and nonaerial, provided (1) such sparklers and fountains 46 |
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| 76 | 76 | | do not contain magnesium, except for magnalium or magnesium-47 Raised Bill No. 132 |
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| 77 | 77 | | |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LCO No. 1056 3 of 9 |
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| 81 | 81 | | |
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| 82 | 82 | | aluminum alloy, [(2) such sparklers and fountains containing any 48 |
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| 83 | 83 | | chlorate or perchlorate salts do not exceed five grams of composition 49 |
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| 84 | 84 | | per item, and (3)] and (2) when more than one fountain is mounted on 50 |
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| 85 | 85 | | a common base, the total pyrotechnic composition does not exceed two 51 |
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| 86 | 86 | | hundred grams. 52 |
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| 87 | 87 | | (b) The Commissioner of Emergency Services and Public Protection 53 |
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| 88 | 88 | | shall adopt reasonable regulations, in accordance with chapter 54, for 54 |
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| 89 | 89 | | the granting of permits for supervised displays of fireworks or for the 55 |
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| 90 | 90 | | indoor use of pyrotechnics, consumer fireworks, sparklers and 56 |
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| 91 | 91 | | fountains for special effects by municipalities, fair associations, 57 |
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| 92 | 92 | | amusement parks, other organizations or groups of individuals or 58 |
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| 93 | 93 | | artisans in pursuit of their trade. Such permit may be issued upon 59 |
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| 94 | 94 | | application to said commissioner and after (1) inspection of the site of 60 |
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| 95 | 95 | | such display or use by the local fire marshal to determine compliance 61 |
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| 96 | 96 | | with the requirements of such regulations, and (2) approval of the chiefs 62 |
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| 97 | 97 | | of the police and fire departments, or, if there is no police or fire 63 |
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| 98 | 98 | | department, of the first selectman, of the municipality wherein the 64 |
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| 99 | 99 | | display is to be held as is provided in this section. No such display shall 65 |
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| 100 | 100 | | be handled or fired by any person until such person has been granted a 66 |
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| 101 | 101 | | certificate of competency by the Commissioner of Emergency Services 67 |
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| 102 | 102 | | and Public Protection, in respect to which a fee of two hundred dollars 68 |
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| 103 | 103 | | shall be payable to the State Treasurer when issued and which may be 69 |
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| 104 | 104 | | renewed every three years upon payment of a fee of one hundred ninety 70 |
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| 105 | 105 | | dollars payable to the State Treasurer, provided such certificate may be 71 |
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| 106 | 106 | | suspended or revoked by said commissioner at any time for cause. Such 72 |
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| 107 | 107 | | certificate of competency shall attest to the fact that such operator is 73 |
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| 108 | 108 | | competent to fire a display. Such display shall be of such a character and 74 |
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| 109 | 109 | | so located, discharged or fired as in the opinion of the chiefs of the police 75 |
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| 110 | 110 | | and fire departments or such selectman, after proper inspection, will not 76 |
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| 111 | 111 | | be hazardous to property or endanger any person or persons. In an 77 |
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| 112 | 112 | | aerial bomb, no salute, report or maroon may be used that is composed 78 |
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| 113 | 113 | | of a formula of chlorate of potash, sulphur, black needle antimony and 79 |
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| 114 | 114 | | dark aluminum. Formulas that may be used in a salute, report or 80 |
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| 115 | 115 | | maroon are as follows: (A) Perchlorate of potash, black needle antimony 81 Raised Bill No. 132 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | |
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| 119 | 119 | | LCO No. 1056 4 of 9 |
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| 120 | 120 | | |
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| 121 | 121 | | and dark aluminum, and (B) perchlorate of potash, dark aluminum and 82 |
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| 122 | 122 | | sulphur. No high explosive such as dynamite, fulminate of mercury or 83 |
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| 123 | 123 | | other stimulator for detonating shall be used in any aerial bomb or other 84 |
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| 124 | 124 | | pyrotechnics. Application for permits shall be made in writing at least 85 |
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| 125 | 125 | | fifteen days prior to the date of display, on such notice as the 86 |
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| 126 | 126 | | Commissioner of Emergency Services and Public Protection by 87 |
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| 127 | 127 | | regulation prescribes, on forms furnished by the commissioner, and a 88 |
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| 128 | 128 | | fee of one hundred dollars shall be payable to the State Treasurer with 89 |
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| 129 | 129 | | each such application. After such permit has been granted, sales, 90 |
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| 130 | 130 | | possession, use and distribution of fireworks for such display shall be 91 |
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| 131 | 131 | | lawful for that purpose only. No permit granted hereunder shall be 92 |
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| 132 | 132 | | transferable. Any permit issued under the provisions of this section may 93 |
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| 133 | 133 | | be suspended or revoked by the Commissioner of Emergency Services 94 |
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| 134 | 134 | | and Public Protection or the local fire marshal for violation by the 95 |
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| 135 | 135 | | permittee of any provision of the general statutes, any regulation or any 96 |
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| 136 | 136 | | ordinance relating to fireworks. 97 |
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| 137 | 137 | | (c) The Commissioner of Emergency Services and Public Protection 98 |
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| 138 | 138 | | may grant variations or exemptions from, or approve equivalent or 99 |
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| 139 | 139 | | alternate compliance with, particular provisions of any regulation 100 |
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| 140 | 140 | | issued under the provisions of subsection (b) of this section where strict 101 |
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| 141 | 141 | | compliance with such provisions would entail practical difficulty or 102 |
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| 142 | 142 | | unnecessary hardship or is otherwise adjudged unwarranted, provided 103 |
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| 143 | 143 | | any such variation, exemption, approved equivalent or alternate 104 |
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| 144 | 144 | | compliance shall, in the opinion of the commissioner, secure the public 105 |
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| 145 | 145 | | safety and shall be made in writing. 106 |
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| 146 | 146 | | (d) Any person, firm or corporation violating the provisions of this 107 |
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| 147 | 147 | | section shall be guilty of a class C misdemeanor, except that (1) any 108 |
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| 148 | 148 | | person, firm or corporation violating the provisions of subsection (a) of 109 |
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| 149 | 149 | | this section by offering for sale, exposing for sale or selling at retail or 110 |
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| 150 | 150 | | possessing with intent to sell any fireworks with a value exceeding ten 111 |
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| 151 | 151 | | thousand dollars shall be guilty of a class A misdemeanor, and (2) any 112 |
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| 152 | 152 | | person, firm or corporation violating any provision of subsection (b) of 113 |
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| 153 | 153 | | this section or any regulation adopted thereunder shall be guilty of a 114 |
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| 154 | 154 | | class A misdemeanor, except if death or injury results from any such 115 Raised Bill No. 132 |
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| 155 | 155 | | |
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| 156 | 156 | | |
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| 157 | 157 | | |
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| 158 | 158 | | LCO No. 1056 5 of 9 |
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| 159 | 159 | | |
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| 160 | 160 | | violation, such person, firm or corporation shall be guilty of a class C 116 |
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| 161 | 161 | | felony. 117 |
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| 162 | 162 | | Sec. 3. (NEW) (Effective October 1, 2022) (a) (1) The Department of 118 |
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| 163 | 163 | | Emergency Services and Public Protection may issue an annual or a 119 |
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| 164 | 164 | | temporary license to sell consumer fireworks to an applicant who: (A) 120 |
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| 165 | 165 | | Is twenty-one years of age or older, (B) holds a valid federal fireworks 121 |
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| 166 | 166 | | license issued pursuant to 18 USC Section 843, as amended from time to 122 |
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| 167 | 167 | | time, (C) has not been convicted of a felony, (D) has not been convicted 123 |
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| 168 | 168 | | of an offense or violation of a state, federal or municipal law or 124 |
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| 169 | 169 | | regulation involving the misuse of fireworks or explosives, and (E) 125 |
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| 170 | 170 | | maintains public liability and product liability insurance with a 126 |
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| 171 | 171 | | minimum coverage amount of two million dollars, to cover losses, 127 |
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| 172 | 172 | | damages or injuries that might ensue to persons or property as a result 128 |
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| 173 | 173 | | of selling consumer fireworks. A separate license shall be obtained for 129 |
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| 174 | 174 | | each location at which an applicant intends to sell consumer fireworks. 130 |
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| 175 | 175 | | An annual license shall expire on January first of each year. A temporary 131 |
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| 176 | 176 | | license shall be valid for a selling period either from June twenty-fifth to 132 |
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| 177 | 177 | | July fifth or from December twenty-sixth to January second. 133 |
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| 178 | 178 | | (2) The fee for an initial annual license shall be five thousand dollars 134 |
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| 179 | 179 | | and the fee for each license renewal shall be two thousand five hundred 135 |
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| 180 | 180 | | dollars. The fee for a temporary license shall be two hundred fifty 136 |
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| 181 | 181 | | dollars per selling period. 137 |
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| 182 | 182 | | (b) (1) An applicant granted an annual license to sell consumer 138 |
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| 183 | 183 | | fireworks pursuant to subsection (a) of this section shall store and sell 139 |
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| 184 | 184 | | such fireworks only in a permanent, standalone facility that (A) operates 140 |
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| 185 | 185 | | in accordance with NFPA Section 1124, 2006 edition, (B) complies with 141 |
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| 186 | 186 | | the provisions of the building code applicable to high-hazard buildings 142 |
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| 187 | 187 | | classified as group H-3, (C) is equipped with burglar and smoke 143 |
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| 188 | 188 | | detector alarm systems that are monitored twenty-four hours per day, 144 |
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| 189 | 189 | | and (D) sells only consumer fireworks and fireworks-related items, such 145 |
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| 190 | 190 | | as fuses, safety equipment, electronic firing panels, fireworks-related 146 |
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| 191 | 191 | | clothing and fireworks association or recreational club memberships. 147 Raised Bill No. 132 |
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| 192 | 192 | | |
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| 193 | 193 | | |
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| 194 | 194 | | |
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| 195 | 195 | | LCO No. 1056 6 of 9 |
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| 196 | 196 | | |
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| 197 | 197 | | (2) An applicant granted a temporary license may sell consumer 148 |
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| 198 | 198 | | fireworks that are ground and hand-held sparkling devices, snappers, 149 |
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| 199 | 199 | | party poppers, smoke items and ground-based fountains from tents, 150 |
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| 200 | 200 | | temporary structures or retail stores that operate in accordance with 151 |
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| 201 | 201 | | NFPA Section 1124, 2006 edition. 152 |
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| 202 | 202 | | (3) Prior to commencing the sale of consumer fireworks at any facility 153 |
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| 203 | 203 | | licensed pursuant to subsection (a) of this section and annually 154 |
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| 204 | 204 | | thereafter, the chiefs of the police and fire departments, or, if there is no 155 |
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| 205 | 205 | | police or fire department, the first selectman, of the municipality in 156 |
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| 206 | 206 | | which such facility is located, or their designees, shall inspect and 157 |
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| 207 | 207 | | approve the use of the facility for such sales. The chiefs, the first 158 |
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| 208 | 208 | | selectman, or their designees, shall provide a written copy of each 159 |
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| 209 | 209 | | approval granted pursuant to this subdivision to the town clerk or the 160 |
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| 210 | 210 | | official charged with the enforcement of zoning regulations for such 161 |
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| 211 | 211 | | municipality, and such clerk or official shall retain such copy for at least 162 |
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| 212 | 212 | | one year after issuance. 163 |
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| 213 | 213 | | (4) The State Fire Marshal, any local fire marshal, any police officer, 164 |
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| 214 | 214 | | as defined in section 7-294a of the general statutes, acting within the 165 |
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| 215 | 215 | | jurisdiction of such official, may enforce the provisions of this section 166 |
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| 216 | 216 | | and may inspect any facility where consumer fireworks are to be sold, 167 |
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| 217 | 217 | | stored or offered for sale. Any inspection of a facility licensed pursuant 168 |
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| 218 | 218 | | to subsection (a) of this section shall be conducted in a manner and at a 169 |
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| 219 | 219 | | time that does not interfere with the regular commerce of such facility. 170 |
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| 220 | 220 | | (c) No person may offer for sale, expose for sale, sell at retail or 171 |
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| 221 | 221 | | possess with intent to sell consumer fireworks at a facility licensed 172 |
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| 222 | 222 | | pursuant to this section unless such person is at least eighteen years of 173 |
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| 223 | 223 | | age and under the direct supervision of a person who is on the premises 174 |
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| 224 | 224 | | and at least twenty-one years of age. No person may sell consumer 175 |
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| 225 | 225 | | fireworks to another person unless such other person is twenty-one 176 |
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| 226 | 226 | | years of age or older. 177 |
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| 227 | 227 | | (d) Not later than December 1, 2022, the Department of Emergency 178 |
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| 228 | 228 | | Services and Public Protection shall develop and make available to 179 Raised Bill No. 132 |
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| 229 | 229 | | |
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| 230 | 230 | | |
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| 231 | 231 | | |
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| 232 | 232 | | LCO No. 1056 7 of 9 |
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| 233 | 233 | | |
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| 234 | 234 | | licensees a summary of fireworks safety recommendations. Licensees 180 |
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| 235 | 235 | | shall post such summary in a conspicuous place near the final point of 181 |
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| 236 | 236 | | sale in each location in which the licensee is authorized to sell consumer 182 |
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| 237 | 237 | | fireworks pursuant to this section. 183 |
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| 238 | 238 | | (e) Any license issued under subsection (a) of this section may be 184 |
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| 239 | 239 | | suspended or revoked by the department, after notice and opportunity 185 |
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| 240 | 240 | | for a hearing in accordance with the provisions of chapter 54 of the 186 |
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| 241 | 241 | | general statutes, for any violation of the provisions of this section or if 187 |
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| 242 | 242 | | the licensee no longer meets the criteria for licensure. 188 |
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| 243 | 243 | | Sec. 4. (NEW) (Effective October 1, 2022) (a) No person who is under 189 |
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| 244 | 244 | | twenty-one years of age may purchase, possess or use consumer 190 |
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| 245 | 245 | | fireworks. 191 |
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| 246 | 246 | | (b) A person twenty-one years of age or older may only ignite or 192 |
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| 247 | 247 | | discharge a consumer firework (1) between six o'clock p.m. and eleven 193 |
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| 248 | 248 | | o'clock p.m. on any day, or between eleven o'clock p.m. and midnight 194 |
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| 249 | 249 | | on the thirty-first day of December and for the first hour of New Year's 195 |
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| 250 | 250 | | Day, in addition to said hours, and (2) with the express permission of 196 |
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| 251 | 251 | | the owner of the property on which the consumer firework will be 197 |
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| 252 | 252 | | ignited or discharged. 198 |
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| 253 | 253 | | (c) No person may ignite or discharge a consumer firework while 199 |
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| 254 | 254 | | under the influence of alcohol, drugs or both. 200 |
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| 255 | 255 | | (d) Any person violating any provision of this section shall be guilty 201 |
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| 256 | 256 | | of a class C misdemeanor. 202 |
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| 257 | 257 | | Sec. 5. (NEW) (Effective October 1, 2022) Notwithstanding the 203 |
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| 258 | 258 | | provisions of section 29-357 of the general statutes, as amended by this 204 |
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| 259 | 259 | | act, or section 3 or 4 of this act, a municipality may, by ordinance of its 205 |
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| 260 | 260 | | legislative body, impose additional regulations or restrictions on the 206 |
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| 261 | 261 | | sale or use of consumer fireworks within such municipality. 207 |
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| 262 | 262 | | Sec. 6. (NEW) (Effective October 1, 2022) (a) As used in this section: 208 |
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| 263 | 263 | | (1) "Consumer fireworks" has the same meaning as in section 29-356 209 Raised Bill No. 132 |
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| 264 | 264 | | |
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| 265 | 265 | | |
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| 266 | 266 | | |
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| 267 | 267 | | LCO No. 1056 8 of 9 |
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| 268 | 268 | | |
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| 269 | 269 | | of the general statutes, as amended by this act; 210 |
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| 270 | 270 | | (2) "Consumer fireworks retailer" means the holder of a license to sell 211 |
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| 271 | 271 | | consumer fireworks issued pursuant to section 3 of this act; and 212 |
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| 272 | 272 | | (3) "First sale of consumer fireworks" means the initial sale of 213 |
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| 273 | 273 | | consumer fireworks in this state. 214 |
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| 274 | 274 | | (b) On and after October 1, 2022, each person or entity that sells 215 |
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| 275 | 275 | | consumer fireworks to a consumer fireworks retailer shall pay a tax to 216 |
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| 276 | 276 | | the state on the first sale of consumer fireworks, at the rate of five per 217 |
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| 277 | 277 | | cent of the average wholesale price, as determined by the Department 218 |
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| 278 | 278 | | of Revenue Services. The Commissioner of Revenue Services shall 219 |
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| 279 | 279 | | prescribe the form and manner of the remittance of such tax and any 220 |
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| 280 | 280 | | return filing the commissioner deems necessary. 221 |
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| 281 | 281 | | (c) Any tax due and unpaid under this section shall be subject to the 222 |
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| 282 | 282 | | penalties and interest established in section 12-547 of the general 223 |
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| 283 | 283 | | statutes and the amount of such tax, penalty or interest, due and unpaid, 224 |
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| 284 | 284 | | may be collected under the provisions of section 12-35 of the general 225 |
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| 285 | 285 | | statutes. 226 |
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| 286 | 286 | | (d) The provisions of sections 12-548 and 12-550 to 12-555b, inclusive, 227 |
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| 287 | 287 | | of the general statutes shall apply to the provisions of this section in the 228 |
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| 288 | 288 | | same manner and with the same force and effect as if the language of 229 |
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| 289 | 289 | | said sections had been incorporated in full into this section and had 230 |
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| 290 | 290 | | expressly referred to the tax imposed under this section, except to the 231 |
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| 291 | 291 | | extent that any such provision is inconsistent with a provision of this 232 |
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| 292 | 292 | | section. 233 |
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| 293 | 293 | | This act shall take effect as follows and shall amend the following |
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| 294 | 294 | | sections: |
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| 295 | 295 | | |
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| 296 | 296 | | Section 1 October 1, 2022 29-356 |
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| 297 | 297 | | Sec. 2 October 1, 2022 29-357 |
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| 298 | 298 | | Sec. 3 October 1, 2022 New section |
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| 299 | 299 | | Sec. 4 October 1, 2022 New section |
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| 300 | 300 | | Sec. 5 October 1, 2022 New section Raised Bill No. 132 |
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| 301 | 301 | | |
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| 302 | 302 | | |
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| 303 | 303 | | |
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| 304 | 304 | | LCO No. 1056 9 of 9 |
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| 305 | 305 | | |
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| 306 | 306 | | Sec. 6 October 1, 2022 New section |
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| 307 | 307 | | |
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| 308 | 308 | | Statement of Purpose: |
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| 309 | 309 | | To authorize the sale and use of consumer fireworks in the state. |
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| 310 | 310 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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| 311 | 311 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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| 312 | 312 | | underlined.] |
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| 313 | 313 | | |
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