H2157B3277A05272 AJB:EJH 06/30/22 #90 A05272
AMENDMENTS TO HOUSE BILL NO. 2157
Sponsor: SENATOR BROWNE
Printer's No. 3277
Amend Bill, page 2, by inserting between lines 3 and 4
1108.1. Refusal, suspension or revocation of license.
Amend Bill, page 5, lines 14 through 22, by striking out all
of said lines
Amend Bill, page 6, line 25, by inserting after "use"
of the consumer fireworks
Amend Bill, page 6, line 29, by inserting after "department"
under section 1108(a) or (e) (relating to f ees, granting
of licenses and inspections)
Amend Bill, page 7, by inserting between lines 3 and 4
(3) Except for the limitations under subsection (b), a
municipality may enact the following restrictions on the use
of consumer fireworks: Consumer fireworks may not be used
between the hours of 10:00 p.m. and 10:00 a.m., except:
(i) on July 2, 3 and 4 and December 31, when
consumer fireworks may be used until 1:00 a.m. the
following day; and
(ii) when July 4 falls on a Tuesday, Wednesday or
Thursday, consumer fireworks may be used until 1:00 a.m.
on the immediately preceding and following Friday and
Saturday.
Amend Bill, page 7, line 7, by striking out "section 1104(b)
(6)" and inserting
subsection (a)(3)(i) and (ii)
Amend Bill, page 7, lines 24 and 25, by striking out
"facilities licensed after the effective date of this section, "
and inserting
a facility issued a license under section 1108(a)
2022/90AJB/HB2157A05272 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(relating to fees, granting of licenses and inspections),
Amend Bill, page 7, lines 28 and 29, by striking out
"facilities licensed after the effective date of this section "
and inserting
a facility issued a license under section 1108(a)
Amend Bill, page 8, lines 11 and 12, by striking out
"(relating to fees, granting of licenses and inspections) "
Amend Bill, page 9, line 18, by inserting after "upon"
submission of a renewal application, proof of insurance
under section 1109(5) (relating to conditions for facilities)
and
Amend Bill, page 9, line 21, by inserting after
"appropriate."
The department shall transmit an application for renewal to
a licensee in such time to provide for submission within 30 days
prior to the expiration of a license.
Amend Bill, page 9, by inserting between lines 24 and 25
ยง 1108.1. Refusal, suspension or revocation of license.
(a) Authority.--The department may refuse, suspend or revoke
a license issued or renewed under section 1108 (relating to
f ees, granting of licenses and inspections) if the licensee is
not in compliance with the provisions of this chapter.
(b) Appeals.--The department shall provide an opportunity
for a hearing to a person appealing an action of the department
under subsection (a). All appeals shall be taken and hearings
conducted in accordance with the provisions of 2 Pa.C.S. Chs. 5
Subch. A (relating to practice and procedure of Commonwealth
agencies) and 7 Subch. A (relating to judicial review of
Commonwealth agency action). A person shall have 15 days to
appeal an enforcement action of the department under subsection
(a).
Amend Bill, page 13, by inserting between lines 9 and 10
(7.1) $500,000 of the amount transferred under this
subsection shall be transferred to the Office of the State
Fire Commissioner for the purpose of providing reimbursement
to a Pennsylvania bomb squad accredited by the Federal Bureau
of Investigation and certified in hazardous devices training
for costs associated with the removal, storage and
destruction of consumer fireworks, display fireworks or
combustibles under section 1115 (relating to removal, storage
and destruction). Any money not used annually by September 10
2022/90AJB/HB2157A05272 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
for the purpose specified under this paragraph shall be
subject to paragraph (8).
Amend Bill, page 14, line 6, by striking out "OR" and
inserting a comma
Amend Bill, page 14, line 6, by inserting after "(6)"
or (7.1)
Amend Bill, page 14, lines 17 and 18, by striking out
"misdemeanor of the third degree " and inserting
summary offense
Amend Bill, page 14, line 23, by striking out "first" and
inserting
second
Amend Bill, page 14, line 28, by striking out "felony of the
third" and inserting
misdemeanor of the second
Amend Bill, page 15, line 10, by striking out "second" and
inserting
third
Amend Bill, page 15, line 27, by striking out "second" and
inserting
third
Amend Bill, page 16, line 2, by inserting before "The"
(a) Authority.--
Amend Bill, page 16, line 6, by inserting after "deputy"
or a member of a Pennsylvania bomb squad accredited by the
Federal Bureau of Investigation and certified in hazardous
devices training
Amend Bill, page 16, by inserting between lines 11 and 12
(b) Cost recovery.-- A Pennsylvania bomb squad accredited by
the Federal Bureau of Investigation and certified in hazardous
devices training shall attempt to recover any costs associated
with the removal, storage or destruction of consumer fireworks,
display fireworks or combustibles under subsection (a) from the
owner of the consumer fireworks. Reimbursement under subsection
2022/90AJB/HB2157A05272 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
(c) shall only be available when the costs under this subsection
cannot be recovered.
(c) Reimbursement.--If the costs under subsection (b) cannot
be recovered, a Pennsylvania bomb squad accredited by the
Federal Bureau of Investigation and certified in hazardous
devices training may seek reimbursement from the Office of the
State Fire Commissioner for the actual costs associated with the
removal, storage or destruction of consumer fireworks, display
fireworks or combustibles.
2022/90AJB/HB2157A05272 - 4 -
1
2
3
4
5
6
7
8
9