Michigan House Bill HB5206

Michigan 2023-2024 Regular Session

• Introduced: 10/24/23
• Refer: 10/24/23

Caption

Fireworks: licensing; moratorium on transferring the location of a consumer fireworks certificate during June and July of each year; remove. Amends sec. 4 of 2011 PA 256 (MCL 28.454).

Impact

The proposed amendments in HB 5206 impose stricter regulatory measures around the sale of consumer fireworks in Michigan. One significant change is the introduction of a moratorium on transferring the location of a consumer fireworks certificate during the months of June and July, a period often associated with heightened firework sales. This moratorium is intended to stabilize the retail environment specifically during peak season and ensure that all sellers meet safety and compliance standards. The requirement for applicants to hold a current sales tax license confirms that vendors maintain accountability regarding tax responsibilities related to their fireworks sales.

Summary

House Bill 5206 proposes amendments to the Michigan Fireworks Safety Act as outlined in 2011 PA 256. This bill specifically addresses the issuance and maintenance of consumer fireworks certificates, a mandatory requirement for individuals or businesses intending to sell consumer fireworks. The bill establishes a framework for the licensing process, which includes the assessment of civil fines for noncompliance and stipulations for renewing these licenses annually. Notably, the bill aims to streamline the application process while ensuring that proper safety measures are upheld.

Contention

Discussion around HB 5206 centers on the balance between public safety and the commercial interests of fireworks vendors. While proponents argue that enhancing regulation will lead to safer sales practices and reduce the likelihood of accidents, opponents express concerns over the potential economic impact on smaller businesses that may struggle to meet the financial and administrative burdens associated with the new licensing fees and compliance requirements. Moreover, the implementation of hefty civil fines for violations may be perceived as punitive, particularly for small vendors who may face challenges in navigating the regulatory requirements.