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House of Representatives
Session of 2017 - 2018 Regular Session


Posted: August 8, 2018 10:48 AM
From: Representative Bernie O'Neill
To: All House members
Subject: Act 43 and Fireworks Law
As many of you will recall, during the 2017-2018 budget negotiations, Act 43 incorporated our fireworks law into the Tax Reform Code, while modernizing and expanding the legalization of consumer fireworks to Pennsylvania residents. Act 43 further imposed a tax at the rate of 12% on the sale price of consumer fireworks suitable for use by the public, in addition to the sales and use tax already imposed on such sales.

Unfortunately, as a result the inclusion of these changes in Act 43, several unintended consequences have arisen from the new fireworks provisions. Specifically, I have received numerous complaints that the legalization of consumer grade fireworks has greatly disrupted the lives of many citizens across our state. There also continues to be significant confusion about the regulations associated with the use of consumer fireworks and local municipalities have encountered difficulty enforcing the provisions included in Act 43.

My bill will repeal the most recent changes made to the fireworks law and reinstate the provisions as they existed prior to the passage of Act 43. This will remove the most onerous provisions of the new fireworks law, particularly the legalization and taxation of “Class C” or “consumer-grade” fireworks, which contain up to 50 milligrams of explosive material which have been cited as causing the most disruption to the lives of our veterans, seniors, and pets.

If you have any questions on this legislation, please contact Connie McClure in my Harrisburg office at 717-705-7170 or by e-mailing cmcclure@pahousegop.com. Thank you for your consideration and support of this very important piece of legislation.

Introduced as HB2620