2011 House Bill 4293 / Public Act 256

Revise fireworks regulations

Introduced in the House

Feb. 17, 2011

Introduced by Rep. Harold Haugh (D-42)

To establish a comprehensive regulatory regime for the sale, distribution and use of fireworks, including licensing, fees, and retail location taxes. Prohibitions on some types of “consumer fireworks” that are currently illegal would be removed, and this appears to include firecrackers, bottle rockets, aerial spinners, Roman candles, etc. (“APA standard 87-1” fireworks). The bill proposes a $5,000 permit fee for selling these fireworks, and mandates that they be sold only from permanent buildings meeting specified requirements. “Low grade” fireworks (sparklers, etc.) could be sold from supermarkets and other large retail stores as is current practice, or by a nonprofit organization from a tent placed in a narrow set of specified locations.

Referred to the Committee on Regulatory Reform

May 4, 2011

Reported without amendment

With the recommendation that the substitute (H-4) be adopted and that the bill then pass.

Oct. 18, 2011

Substitute offered

To replace the previous version of the bill with one that revises various details. This version was superseded by another substitute with more changes.

The substitute failed by voice vote

Substitute offered by Rep. Harold Haugh (D-42)

To replace the previous version of the bill with one that makes many substantive changes resulting from months of discussions and negotiations with interested parties.

The substitute passed by voice vote

Oct. 19, 2011

Passed in the House 98 to 10 (details)

To establish a comprehensive regulatory regime for the sale, distribution and use of currently-illegal "consumer fireworks" including firecrackers, bottle rockets, aerial spinners, Roman candles, etc. (“APA standard 87-1” fireworks). The bill proposes a $1,000 permit fee for sellers, $600 for temporary location "tent" sellers. It also would impose a mandate for sellers to carry a $10 million insurance policy, and a 6 percent tax ("fireworks safety fee") in addition to the usual 6 percent sales tax. Local governments could prohibit residents from using fireworks (except during national holiday periods), but could not ban fireworks sellers who meet the bill's conditions.

Received in the Senate

Oct. 20, 2011

Referred to the Committee on Regulatory Reform

Nov. 8, 2011

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Nov. 9, 2011

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance as previously described.

The substitute passed by voice vote

Amendment offered by Sen. Howard Walker (R-37)

To establish a statewide 12 midnight to 10 a.m. curfew on setting off fireworks, or 1 a.m. to 9 a.m. on federal holidays, unless a local government ordinance specifies earlier or later curfew times.

The amendment failed by voice vote

Passed in the Senate 33 to 1 (details)

To establish a comprehensive regulatory regime for the sale, distribution and use of currently-illegal "consumer fireworks" including firecrackers, bottle rockets, aerial spinners, Roman candles, etc. (“APA standard 87-1” fireworks). The bill proposes a $1,000 permit fee for sellers, $600 for temporary location "tent" sellers. It also would impose a mandate for sellers to carry a $10 million insurance policy, and a 6 percent tax ("fireworks safety fee") in addition to the usual 6 percent sales tax. Local governments could prohibit residents from using fireworks (except during national holiday periods), but could not ban fireworks sellers who meet the bill's conditions.

Received in the House

Nov. 9, 2011

Nov. 10, 2011

Amendment offered by Rep. Harold Haugh (D-42)

To revise some technical references in the bill.

The amendment passed by voice vote

Passed in the House 97 to 10 (details)

To concur with the Senate-passed version of the bill.

Received in the Senate

Nov. 10, 2011

To concur with the House-passed version of the bill.

Passed in the Senate 34 to 1 (details)

Signed by Gov. Rick Snyder

Dec. 13, 2011