H2157B2504A04127 MSP:EJH 04/26/22 #90 A04127
AMENDMENTS TO HOUSE BILL NO. 2157
Sponsor: REPRESENTATIVE MOUL
Printer's No. 2504
Amend Bill, page 1, line 13, by striking out "Request for
extension" and inserting
(Reserved)
Amend Bill, page 2, lines 14 through 17, by striking out all
of said lines and inserting
"Animal housing facility." A roofed structure or facility,
or a portion of the facility, used for occupation by livestock
or poultry.
"APA 87-1A." The American Pyrotechnics Association Standard
87-1A: Standard for the Construction, Classification, Approval,
and Transportation of Consumer Fireworks, 2018 edition.
Amend Bill, page 2, line 27, by striking out "APA 87-1" and
inserting
APA 87-1A
Amend Bill, page 3, line 2, by striking out "APA 87-1" and
inserting
APA 87-1A
Amend Bill, page 4, line 8, by striking out "Bond" and
inserting
Insurance
Amend Bill, page 4, lines 9 and 10, by striking out "a bond
deemed adequate by it from the permittee in a sum not less than
$1,000" and inserting
a permittee to carry insurance in an amount not less than
$2,000,000
Amend Bill, page 4, by inserting between lines 13 and 14
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(e) Permit extension.--A municipality may grant an extension
for a permit issued under this section to a new date for
displays canceled due to unfavorable weather or other
circumstances beyond the control of the permittee.
Amend Bill, page 4, lines 14 through 30; page 5, lines 1
through 8; by striking out "Request for extension." in line 14,
all of lines 15 through 30 on page 4 and all of lines 1 through
8 on page 5 and inserting
(Reserved).
Amend Bill, page 5, line 14, by striking out "public or"
Amend Bill, page 5, line 14, by inserting after "property"
or on public property, including, but not limited to,
streets, parking lots, sidewalks and parks,
Amend Bill, page 5, line 21, by striking out the period after
"vehicle" and inserting
, whether the building or vehicle is owned by the user of
the consumer fireworks.
Amend Bill, page 5, by inserting after line 30
(c) Conditional use.--A person may use consumer fireworks at
a distance of no less than 150 feet from an animal housing
facility or a fenced area designed to confine livestock owned or
managed by another person, when the person using consumer
fireworks has notified in writing the owner or manager of the
livestock at least 72 hours in advance of the use that consumer
fireworks will be used in the area.
Amend Bill, page 6, line 17, by inserting after "use"
and sale
Amend Bill, page 6, by inserting between lines 18 and 19
(1.1) Except for the limitations under subsection (b), a
municipality may require a permit for the use of consumer
fireworks. A fee for a permit shall be reasonable.
(1.2) A municipality may prohibit the use of consumer
fireworks if the use within the municipality cannot comply
with section 1104(b)(5) (relating to use of consumer
fireworks).
Amend Bill, page 6, line 19, by striking out
"Notwithstanding" and inserting
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Facilities with
Amend Bill, page 6, lines 20 through 23, by striking out "on
the effective date of this section, a" in line 20 and all of
lines 21 through 23 and inserting
shall not be subject to municipal conditions,
prohibitions or limitations enacted under paragraph (1)
related to the sale of consumer fireworks.
Amend Bill, page 6, line 24, by striking out "No" and
inserting
Except for authority exercised under subsection (a)(1.2), no
Amend Bill, page 6, lines 26 and 27, by striking out
"(relating to use of consumer fireworks) "
Amend Bill, page 7, line 14, by striking out "250" and
inserting
300
Amend Bill, page 7, line 18, by striking out "1,500" and
inserting
2,500
Amend Bill, page 7, by inserting between lines 26 and 27
(9) The sale of consumer fireworks may be conducted
through online, mail-order or other transaction, but delivery
to a purchaser shall take place at a facility licensed under
section 1108 (relating to fees, granting of licenses and
inspections) and the sale shall be subject to the provisions
of section 1112 (relating to consumer fireworks tax).
Amend Bill, page 12, line 20, by striking out "less" and
inserting
more
Amend Bill, page 12, line 25, by striking out "less" and
inserting
more
Amend Bill, page 12, line 28, by striking out "second" and
inserting
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first
Amend Bill, page 12, line 30, by striking out "$5,000" and
inserting
$10,000
Amend Bill, page 13, line 3, by striking out "misdemeanor of
the first" and inserting
felony of the third
Amend Bill, page 13, line 5, by striking out "$10,000" and
inserting
$15,000 and a revocation of a license issued under
section 1108 (relating to fees, granting of licenses and
inspections)
Amend Bill, page 13, line 6, by inserting after "selling"
or using
Amend Bill, page 14, line 10, by inserting after "sale,"
used,
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