An Act To Legalize the Sale, Possession and Use of Fireworks
Sec. 1. 8 MRSA §221-A, sub-§1-A is enacted to read:
Sec. 2. 8 MRSA §221-A, sub-§3-A is enacted to read:
Sec. 3. 8 MRSA §221-A, sub-§4, as amended by PL 2011, c. 202, §1, is further amended to read:
The term "fireworks" does not include consumer fireworks or toy pistols, toy canes, toy guns or other devices in which paper caps or plastic caps containing 25/100 grains or less of explosive compound are used if they are constructed so that the hand can not come in contact with the cap when in place for the explosion, toy pistol paper caps or plastic caps that contain less than 20/100 grains of explosive mixture, sparklers that do not contain magnesium chlorates or perchlorates or signal, antique or replica cannons if no projectile is fired.
Sec. 4. 8 MRSA §223, sub-§1, as amended by PL 2003, c. 452, Pt. C, §3 and affected by Pt. X, §2, is further amended to read:
Sec. 5. 8 MRSA §223-A is enacted to read:
§ 223-A. Sale of consumer fireworks
A municipality may require a reasonable fee for a permit issued under this subsection. A person holding a permit issued by a municipality under this subsection may not sell consumer fireworks unless the person satisfies all the requirements of subsection 1.
The commissioner shall charge a fee of $5,000 for the initial license issued to an applicant and $1,500 for each annual license renewal. The term of a license is one year. A separate license is required for each location at which an applicant seeks to sell consumer fireworks. Fees collected under this subsection must be deposited in a nonlapsing account of the Office of the State Fire Marshal to be used for the purpose of enforcing this section.
(1) July 4th;
(2) December 31st; and
(3) The weekends immediately before and after July 4th and December 31st.
A person who violates this subsection commits a civil violation for which a fine of not less than $50 and not more than $500, plus court costs, may be adjudged for any one offense.
(1) Procure, or in any way aid or assist in procuring, furnish, give, sell or deliver consumer fireworks for or to a person under 21 years of age; or
(2) Allow a person under 21 years of age under that person's control or in a place under that person's control to possess or use consumer fireworks.
It is an affirmative defense to prosecution for a violation of paragraph B or C that the licensee sold consumer fireworks to a person under 21 years of age in reasonable reliance upon fraudulent proof of age presented by the purchaser.
Fines collected under this subsection must be deposited in a nonlapsing account of the Office of the State Fire Marshal to be used for the purpose of enforcing this section.
Sec. 6. 8 MRSA §236, as enacted by PL 1999, c. 671, §12, is repealed and the following enacted in its place:
§ 236. Adoption of rules
Sec. 7. Method for reporting data regarding consumer fireworks-related injuries. The Office of the State Fire Marshal shall work with the statewide associations representing hospitals and physicians to develop a method for health care providers to collect and report voluntarily to the Office of the State Fire Marshal data regarding injuries related to consumer fireworks as defined in the Maine Revised Statutes, Title 8, section 221-A. This data may not include personally identifying information on persons treated, but may include information on the age of the person treated, the type and severity of the injury and, if known, the type of consumer firework involved in the injury.
Sec. 8. Appropriations and allocations. The following appropriations and allocations are made.
PUBLIC SAFETY, DEPARTMENT OF
Fire Marshal - Office of 0327
Initiative: Provides appropriations and allocations for one Public Safety Inspector II position and one Office Associate II position and related costs to inspect entities licensed to sell consumer fireworks.
|GENERAL FUND TOTAL||$52,808||$116,061|
|OTHER SPECIAL REVENUE FUNDS||2011-12||2012-13|
POSITIONS - LEGISLATIVE COUNT
|OTHER SPECIAL REVENUE FUNDS TOTAL||$50,000||$40,000|
Sec. 9. Effective date. This Act takes effect January 1, 2012.