Connecticut 2024 Regular Session

Connecticut Senate Bill SB00140 Compare Versions

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Version 2 (New)

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	3	+	LCO No. 1127 1 of 6
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7		-	General Assembly ~~Substitute~~ Bill No. 140
	5	+	General Assembly Raised Bill No. 140
8	6		February Session, 2024
	7	+	LCO No. 1127
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	9	+
	10	+	Referred to Committee on PUBLIC SAFETY AND SECURITY
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	12	+
	13	+	Introduced by:
	14	+	(PS)
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12	19		AN ACT CONCERNING THE SALE AND USE OF CONSUMER
13	20		FIREWORKS.
14	21		Be it enacted by the Senate and House of Representatives in General
15	22		Assembly convened:
16	23
17	24		Section 1. Section 29-356 of the general statutes is repealed and the 1
18	25		following is substituted in lieu thereof (Effective October 1, 2024): 2
19	26		As used in sections 29-356 to 29-365, inclusive, as amended by this 3
20	27		act, and section 3 of this act: 4
21	28		(1) "Fireworks" means and includes any combustible or explosive 5
22	29		composition, or any substance or combination of substances or article 6
23	30		prepared for the purpose of producing a visible or an audible effect by 7
24	31		combustion, explosion, deflagration or detonation, and includes blank 8
25	32		cartridges, toy pistols, toy cannons, toy canes or toy guns in which 9
26	33		explosives are used, the type of balloons which require fire underneath 10
27	34		to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, 11
28	35		Daygo bombs, and any fireworks containing any exp losive or 12
29	36		flammable compound, or any tablets or other device containing any 13
30	37		explosive substance, except that the term "fireworks" shall not include 14
31		-	sparklers, [and] fountains and consumer fireworks, toy pistols, toy 15
	38	+	sparklers, [and] fountains and consumer fireworks, toy pistols, toy 15 Raised Bill No. 140
	39	+
	40	+
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	42	+	LCO No. 1127 2 of 6
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32	44		canes, toy guns or other devices in which paper caps manufactured in 16
33	45		accordance with the regulations of the United States Interstate 17
34	46		Commerce Commission or its successor agency for packing and 18
35		-	shipping of toy paper caps are used and toy pistol paper caps 19 Substitute Bill No. 140
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	47	+	shipping of toy paper caps are used and toy pistol paper caps 19
42	48		manufactured as provided [therein] in such regulations. 20
43	49		(2) "Sparklers" means a wire or stick coated with pyrotechnic 21
44	50		composition that produces a shower of sparks upon ignition. 22
45	51		(3) "Fountain" means any cardboard or heavy paper cone or 23
46	52		cylindrical tube containing pyrotechnic mixture that upon ignition 24
47	53		produces a shower of colored sparks or smoke. "Fountain" includes, but 25
48	54		is not limited to, (A) a spike fountain, which provides a spike for 26
49	55		insertion into the ground, (B) a base fountain which has a wooden or 27
50	56		plastic base for placing on the ground, or (C) a handle fountain which is 28
51	57		a handheld device with a wooden or cardboard handle. 29
52	58		(4) "Consumer fireworks" has the same meaning as provided in 27 30
53	59		CFR 555.11, as amended from time to time, except "consumer fireworks" 31
54	60		does not include sparklers or fountains. 32
55	61		Sec. 2. Section 29-357 of the general statutes is repealed and the 33
56	62		following is substituted in lieu thereof (Effective October 1, 2024): 34
57	63		(a) Except as provided in subsection (b) of this section, no person, 35
58	64		firm or corporation shall offer for sale, expose for sale, sell at retail or 36
59	65		use or explode or possess with intent to sell, use or explode any 37
60	66		fireworks. A person who is sixteen years of age or older may offer for 38
61	67		sale, expose for sale, sell at retail, purchase, use or possess with intent to 39
62	68		sell or use sparklers or fountains of not more than one hundred grams 40
63	69		of pyrotechnic mixture per item, which are nonexplosive and nonaerial, 41
64	70		provided (1) such sparklers and fountains do not contain magnesium, 42
65	71		except for magnalium or magnesium -aluminum alloy, (2) such 43
66	72		sparklers and fountains containing any chlorate or perchlorate salts do 44
67	73		not exceed five grams of composition per item, and (3) when more than 45
68	74		one fountain is mounted on a common base, the total pyrotechnic 46
69		-	composition does not exceed two hundred grams. A person who is 47
	75	+	composition does not exceed two hundred grams. A person who is 47 Raised Bill No. 140
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	78	+
	79	+	LCO No. 1127 3 of 6
	80	+
70	81		twenty-one years of age or older may purchase, possess or use consumer 48
71	82		fireworks and, if licensed pursuant to section 3 of this act, may offer for 49
72		-	sale, expose for sale, sell at retail or possess with intent to sell consumer 50 Substitute Bill No. 140
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	83	+	sale, expose for sale, sell at retail or possess with intent to sell consumer 50
79	84		fireworks. 51
80	85		(b) The Commissioner of Emergency Services and Public Protection 52
81	86		shall adopt [reasonable] regulations, in accordance with the provisions 53
82	87		of chapter 54, for the granting of permits for supervised displays of 54
83	88		fireworks or for the indoor use of pyrotechnics, sparklers and fountains 55
84	89		for special effects by municipalities, fair associations, amusement parks, 56
85	90		other organizations or groups of individuals or artisans in pursuit of 57
86	91		their trade. Such permit may be issued upon application to said 58
87	92		commissioner and after (1) inspection of the site of such display or use 59
88	93		by the local fire marshal to determine compliance with the requirements 60
89	94		of such regulations, and (2) approval of the chiefs of the police and fire 61
90	95		departments, or, if there is no police or fire department, of the first 62
91	96		selectman, of the municipality wherein the display is to be held as is 63
92	97		provided in this section. No such display shall be handled or fired by 64
93	98		any person until such person has been granted a certificate of 65
94	99		competency by the Commissioner of Emergency Services and Public 66
95	100		Protection, in respect to which a fee of two hundred dollars shall be 67
96	101		payable to the State Treasurer when issued and which may be renewed 68
97	102		every three years upon payment of a fee of one hundred ninety dollars 69
98	103		payable to the State Treasurer, provided such certificate may be 70
99	104		suspended or revoked by said commissioner at any time for cause. Such 71
100	105		certificate of competency shall attest to the fact that such operator is 72
101	106		competent to fire a display. Such display shall be of such a character and 73
102	107		so located, discharged or fired as in the opinion of the chiefs of the police 74
103	108		and fire departments or such selectman, after proper inspection, will not 75
104	109		be hazardous to property or endanger any person or persons. In an 76
105	110		aerial bomb, no salute, report or maroon may be used that is composed 77
106	111		of a formula of chlorate of potash, sulphur, black needle antimony and 78
107	112		dark aluminum. Formulas that may be used in a salute, report or 79
108	113		maroon are as follows: (A) Perchlorate of potash, black needle antimony 80
109		-	and dark aluminum, and (B) perchlorate of potash, dark aluminum and 81
	114	+	and dark aluminum, and (B) perchlorate of potash, dark aluminum and 81 Raised Bill No. 140
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	118	+	LCO No. 1127 4 of 6
	119	+
110	120		sulphur. No high explosive such as dynamite, fulminate of mercury or 82
111	121		other stimulator for detonating shall be used in any aerial bomb or other 83
112		-	pyrotechnics. Application for permits shall be made in writing at least 84 Substitute Bill No. 140
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	122	+	pyrotechnics. Application for permits shall be made in writing at least 84
119	123		fifteen days prior to the date of display, on such notice as the 85
120	124		Commissioner of Emergency Services and Public Protection by 86
121	125		regulation prescribes, on forms furnished by the commissioner, and a 87
122	126		fee of one hundred dollars shall be payable to the State Treasurer with 88
123	127		each such application. After such permit has been granted, sales, 89
124	128		possession, use and distribution of fireworks for such display shall be 90
125	129		lawful for that purpose only. No permit granted [hereunder] pursuant 91
126	130		to this section shall be transferable. Any permit issued under the 92
127	131		provisions of this section may be suspended or revoked by the 93
128	132		Commissioner of Emergency Services and Public Protection or the local 94
129	133		fire marshal for violation by the permittee of any provision of the 95
130	134		general statutes, any regulation or any ordinance relating to fireworks. 96
131	135		(c) The Commissioner of Emergency Services and Public Protection 97
132	136		may grant variations or exemptions from, or approve equivalent or 98
133	137		alternate compliance with, particular provisions of any regulation 99
134	138		issued under the provisions of subsection (b) of this section where strict 100
135	139		compliance with such provisions would entail practical difficulty or 101
136	140		unnecessary hardship or is otherwise adjudged unwarranted, provided 102
137	141		any such variation, exemption, approved equivalent or alternate 103
138	142		compliance shall, in the opinion of the commissioner, secure the public 104
139	143		safety and shall be made in writing. 105
140	144		(d) Any person, firm or corporation violating the provisions of this 106
141	145		section shall be guilty of a class C misdemeanor, except that (1) any 107
142	146		person, firm or corporation violating the provisions of subsection (a) of 108
143	147		this section by offering for sale, exposing for sale or selling at retail or 109
144	148		possessing with intent to sell any fireworks with a value exceeding ten 110
145	149		thousand dollars shall be guilty of a class A misdemeanor, and (2) any 111
146	150		person, firm or corporation violating any provision of subsection (b) of 112
147	151		this section or any regulation adopted [thereunder] pursuant to said 113
148	152		subsection shall be guilty of a class A misdemeanor, except if death or 114
149		-	injury results from any such violation, such person, firm or corporation 115
150		-	shall be guilty of a class C felony. 116
151		-	Sec. 3. (NEW) (Effective October 1, 2024) (a) No person shall sell 117 Substitute Bill No. 140
	153	+	injury results from any such violation, such person, firm or corporation 115 Raised Bill No. 140
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158		-	consumer fireworks unless such person holds: (1) A valid federal license 118
159		-	issued pursuant to 18 USC 843, as amended from time to time, and (2) a 119
160		-	valid state license to sell consumer fireworks issued pursuant to 120
161		-	subsection (b) of this section. 121
	157	+	LCO No. 1127 5 of 6
	158	+
	159	+	shall be guilty of a class C felony. 116
	160	+	Sec. 3. (NEW) (Effective October 1, 2024) (a) No person shall sell 117
	161	+	consumer fireworks unless such person holds: (1) A valid federal 118
	162	+	fireworks license issued pursuant to 18 USC 843, as amended from time 119
	163	+	to time, and (2) a valid state license to sell consumer fireworks issued 120
	164	+	pursuant to subsection (b) of this section. 121
162	165		(b) The Commissioner of Emergency Services and Public Protection 122
163	166		may issue a state license to sell consumer fireworks to any person who: 123
164		-	(1) Has a valid federal license issued pursuant to 18 USC ~~843, as~~ 124
165		-	amended from time to time; 125
	167	+	(1) Has a valid federal fireworks license issued pursuant to 18 USC 124
	168	+	843, as amended from time to time; 125
166	169		(2) Establishes that such person's business will be located in a 126
167	170		permanent structure that satisfies the requirements of all applicable 127
168	171		provisions of the State Building Code, Fire Safety Code, State Fire 128
169	172		Prevention Code, zoning code and municipal ordinances; and 129
170	173		(3) Within the two years preceding the date of submitting such 130
171	174		application for such license, has no convictions of an offense involving 131
172	175		fireworks or explosives and has not been found to have violated any 132
173	176		provision of sections 29-343 to 29-366, inclusive, of the general statutes 133
174	177		or regulations adopted pursuant to said sections. 134
175	178		(c) The commissioner shall prescribe the form and manner of 135
176	179		applications for such licenses. Prior to issuance of a license, the 136
177	180		commissioner may conduct a background investigation of an applicant, 137
178	181		pursuant to section 29-17a of the general statutes, and may inspect the 138
179	182		site at which the consumer fireworks are to be sold or stored. A license 139
180	183		shall be valid for one year and may be renewed annually. The fee for 140
181	184		issuance or renewal of a license shall be one thousand five hundred 141
182	185		dollars. 142
183	186		(d) The commissioner shall adopt regulations, in accordance with the 143
184	187		provisions of chapter 54 of the general statutes, to implement the 144
185		-	provisions of this section. Such regulations shall include, but need not 145
186		-	be limited to: 146
187		-	(1) Requirements for license applications, which shall include (A) 147 Substitute Bill No. 140
	188	+	provisions of this section. Such regulations shall include, but need not 145 Raised Bill No. 140
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	194	+	be limited to: 146
	195	+	(1) Requirements for license applications, which shall include (A) 147
194	196		sufficient information to permit the commissioner to identify and 148
195	197		evaluate the qualification of any person with a right to control the 149
196	198		operations and policies of the applicant and any person with an interest 150
197	199		in the applicant, and (B) information on the applicant's other business 151
198	200		interests; 152
199	201		(2) Requirements for the applicant to consult with the municipality in 153
200	202		which consumer fireworks will be sold; and 154
201	203		(3) Notices a licensee shall provide to consumers about fireworks 155
202	204		laws and safe use of consumer fireworks. 156
203	205		This act shall take effect as follows and shall amend the following
204	206		sections:
205	207
206	208		Section 1 October 1, 2024 29-356
207	209		Sec. 2 October 1, 2024 29-357
208	210		Sec. 3 October 1, 2024 New section
209	211
210		-	Statement of ~~Legislative Commissioners~~:
211		-	~~In Sec.~~ ~~3(a)(1)~~ and ~~(b)(1), "federal~~ fireworks ~~license" was changed to~~
212		-	~~"federal license"~~.
213		-
214		-	~~PS Joint Favorable Subst. -LCO~~
	212	+	Statement of Purpose:
	213	+	To expand the sale and use of consumer fireworks in the state.
	214	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	215	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	216	+	underlined.]
215	217