PRINTER'S NO. 4083
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2657
Session of
2020
INTRODUCED BY HOHENSTEIN, MURT, GALLOWAY, DRISCOLL, T. DAVIS,
HILL-EVANS, HOWARD, KRUEGER, McCLINTON, MENTZER, PASHINSKI,
READSHAW, ROZZI, SANCHEZ, SAPPEY, SCHLOSSBERG, SCHWEYER,
ULLMAN, ZABEL, ISAACSON, BOYLE, O'MARA, NEILSON AND BULLOCK,
JULY 8, 2020
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
JULY 8, 2020
AN ACT
Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An
act relating to tax reform and State taxation by codifying
and enumerating certain subjects of taxation and imposing
taxes thereon; providing procedures for the payment,
collection, administration and enforcement thereof; providing
for tax credits in certain cases; conferring powers and
imposing duties upon the Department of Revenue, certain
employers, fiduciaries, individuals, persons, corporations
and other entities; prescribing crimes, offenses and
penalties," in fireworks, further providing for use of
consumer fireworks and for penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2404 and 2414 of the act of March 4,
1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, are
amended to read:
Section 2404. Use of consumer fireworks.
(a) Conditions.--A person who is at least 18 years of age
and meets the requirements of this article may purchase, possess
and use consumer fireworks.
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(b) Prohibitions.--A person may not intentionally ignite or
discharge:
(1) Consumer fireworks on public or private property
without the express permission of the owner.
(2) Consumer fireworks or sparkling devices within, or
throw consumer fireworks or sparkling devices from, a motor
vehicle or building.
(3) Consumer fireworks or sparkling devices into or at a
motor vehicle or building or at another person.
(4) Consumer fireworks or sparkling devices while the
person is under the influence of alcohol, a controlled
substance or another drug.
(5) Consumer fireworks within 150 feet of an occupied
structure.
(6) Consumer fireworks between the hours of 10 p.m. and
8 a.m. unless during a federally recognized holiday or the
use is otherwise allowed by a permit issued by the
municipality in which the consumer fireworks are to be used.
Section 2414. Penalties.
The following shall apply:
(1) A person using consumer fireworks in violation of
the provisions of this article commits a summary offense and,
upon conviction, shall be punished by a fine of not more than
$100 for a first offense, $150 for the second offense and
$200 for a third offense or subsequent offense.
(2) A person selling consumer fireworks in violation of
the provisions of this act commits a misdemeanor of the
second degree.
(3) A person selling display fireworks in violation of
the provisions of this act commits a felony of the third
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degree.
(4) A person selling federally illegal explosives such
as devices as described in 49 CFR 173.54 (relating to
forbidden explosives) or those devices that have not been
tested, approved and labeled by the United States Department
of Transportation, including, but not limited to, those
devices commonly referred to as M-80, M-100, blockbuster,
cherry bomb or quarter or half stick explosive devices, in
violation of the provisions of this act commits a felony of
the third degree.
Section 2. This act shall take effect in 60 days.
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