Bill Text: MN SF1694 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Fireworks manufacture, sale and use regulations modifications
Spectrum: Moderate Partisan Bill (Republican 10-2)
Status: (Vetoed) 2012-05-03 - Veto override attempt failed [SF1694 Detail]
Download: Minnesota-2011-SF1694-Introduced.html
Bill Title: Fireworks manufacture, sale and use regulations modifications
Spectrum: Moderate Partisan Bill (Republican 10-2)
Status: (Vetoed) 2012-05-03 - Veto override attempt failed [SF1694 Detail]
Download: Minnesota-2011-SF1694-Introduced.html
1.2relating to public safety; regulating the manufacture, sale, and use of fireworks;
1.3amending Minnesota Statutes 2010, sections 624.21; 624.221.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 624.21, is amended to read:
1.6624.21 SALE, POSSESSION, AND USE OF FIREWORKSPROHIBITED.
1.7 Subdivision 1. Sale. (a) Except as otherwise provided in sections624.20 to
624.25 ,
1.8itshall be is unlawful for any person to offer for sale, expose for sale, sell at retail or
1.9wholesale, possess with intent to sell, advertise, use, or explode any fireworks., except
1.10when the person sells the fireworks, or possesses the fireworks with intent to sell:
1.11(1) to a person holding a permit under this section;
1.12(2) to a statutory or home rule charter city, fair association, amusement park, or other
1.13organization for the purposes of section 624.22;
1.14(3) to a person who is not a resident of this state; or
1.15(4) for a purpose specified under paragraph (b) or section 624.23.
1.16(b) This section shall not be construed to prohibit the possession, use, or explosion
1.17of fireworks by an engineer licensed pursuant to sections326.02 and
326.03 or a person
1.18under the engineer's direct supervision when undertaking acoustical testing; or sales
1.19at wholesale to those persons holding valid permits for a fireworks display from a
1.20governmental subdivision of the state; or sales outside the state or sales to licensed
1.21professional engineers for acoustical testing purposes only.
1.22 Subd. 2. Possession and use. (a) A person may not possess or use fireworks without
1.23a user's permit issued under subdivision 3. A person may not use fireworks under section
1.24624.20 while attending a fireworks display given by a statutory or home rule charter city,
2.1fair association, amusement park, or other organization under section 624.22 if the display
2.2is open to the general public. A person with a user's permit under subdivision 3, paragraph
2.3(a), may not give a fireworks display that is open to the general public.
2.4(b) Paragraph (a) does not apply to:
2.5(1) statutory or home rule charter cities, fair associations, amusement parks, or other
2.6organizations provided for under section 624.22;
2.7(2) a person or entity provided for under section 624.23; and
2.8(3) except as provided in paragraph (c), the possession of fireworks in any statutory
2.9or home rule charter city while transporting the fireworks to a statutory or home rule
2.10charter city where the possession of the fireworks is authorized by permit or ordinance.
2.11(c) Paragraph (a) applies to a person transporting fireworks under paragraph (b),
2.12clause (3), if, in the course of transporting the fireworks through a statutory or home rule
2.13charter city, the person remains in that city for a period of at least 12 hours.
2.14 Subd. 3. Permit. (a) A municipal clerk of an incorporated municipality or, if
2.15outside the limits of an incorporated municipality, the county auditor of the county where
2.16the possession or use of fireworks is to occur may issue a permit to a person or group of
2.17persons to possess or use fireworks.
2.18(b) The municipality or county issuing a permit under this subdivision may require
2.19an indemnity bond with good and sufficient sureties or a policy of liability insurance for
2.20the payment of all claims that may arise by reason of injuries to person or property from
2.21the handling, use, or discharge of fireworks under the permit. The bond or policy, if
2.22required, shall be taken in the name of the municipality or county where the fireworks are
2.23to be used, and any person injured by the fireworks may bring an action on the bond or
2.24policy in the person's own name to recover the damage the person has sustained, but the
2.25aggregate liability of the surety or insurer to all persons shall not exceed the amount of the
2.26bond or policy. The bond or policy, if required, together with a copy of the permit shall be
2.27filed in the office of the municipal clerk or county auditor as applicable.
2.28(c) A permit under this subdivision shall include:
2.29(1) the name and address of the permit holder;
2.30(2) the date on and after which fireworks may be purchased;
2.31(3) the general kind and approximate quantity of fireworks which may be purchased;
2.32(4) the date and location of permitted use; and
2.33(5) other special conditions prescribed by ordinance.
2.34(d) A copy of a permit under this subdivision shall be given to the municipal fire
2.35or law enforcement official at least two days before the date of authorized use. This
2.36paragraph does not apply to a permit authorizing only the sale or possession of fireworks
3.1that are classified by the federal Department of Transportation as Division 1.4 explosives,
3.2as defined in Code of Federal Regulations, title 49, section 173.50.
3.3(e) A permit under this subdivision may not be issued to a minor.
3.4 Subd. 4. Local ordinances. (a) An incorporated municipality or county may enact
3.5an ordinance for any of the following:
3.6(1) defining "fireworks" to include fireworks under section 624.20;
3.7(2) prohibiting the sale, possession, or use, as defined by ordinance, of fireworks; and
3.8(3) regulating the sale, possession, or use, as defined by ordinance, of fireworks.
3.9(b) An ordinance under paragraph (a) may not be less restrictive in its coverage,
3.10prohibition, or regulation than sections 624.20 to 624.25, but may be more restrictive
3.11than those sections.
3.12(c) A county ordinance enacted under paragraph (a) does not apply and may not be
3.13enforced within any incorporated municipality that has enacted or enacts an ordinance
3.14under paragraph (a).
3.15(d) Notwithstanding paragraph (a) or (b), an incorporated municipality or county
3.16may not enact an ordinance that prohibits the possession of fireworks in that municipality
3.17or county by a person transporting the fireworks according to subdivision 2 to an
3.18incorporated municipality or county where the possession of the fireworks is authorized
3.19by permit or ordinance.
3.20 Subd. 5. Parent or legal guardian liability. A parent or legal guardian of a
3.21minor who consents to the use of fireworks by the minor is liable for damages caused by
3.22the minor's use of the fireworks.
3.23 Subd. 6. Municipality and county liability. An incorporated municipality or
3.24county official or employee is not civilly liable for damage to a person or property
3.25caused by fireworks for the sole reason that the incorporated municipality or county
3.26issued a permit in accordance with the requirements of subdivision 2 and any applicable
3.27requirements authorized under subdivision 4 that authorized the purchase, possession,
3.28or use of the fireworks.
3.29 Sec. 2. Minnesota Statutes 2010, section 624.221, is amended to read:
3.30624.221 EXEMPTIONS FOR LICENSE OR PERMIT HOLDER.
3.31(a) Sections624.20 ,
624.21 , and
624.23 to
624.25 do not apply to:
3.32(1) the holders of a federal explosives license or permit issued pursuant to United
3.33States Code, title 18, chapter 40, or their agents when the holder or agent is acting in
3.34compliance with the conditions of licensure; or
4.1(2) the holders of permits issued pursuant to section624.22 or their agents, from
4.2the date of issuance until 20 days after the date of exhibition authorized by the permit,
4.3when the holder or agent is acting in compliance with the conditions of the permit and
4.4section624.22 .
4.5(b) Sections 624.22 and 624.23 to 624.25 do not apply to a holder of a permit issued
4.6under section 624.21, subdivision 3, from the date of issuance through 20 days after that
4.7date when the holder of the permit is acting in compliance with the conditions of the
4.8permit and section 624.21.
1.3amending Minnesota Statutes 2010, sections 624.21; 624.221.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 624.21, is amended to read:
1.6624.21 SALE, POSSESSION, AND USE OF FIREWORKS
1.7 Subdivision 1. Sale. (a) Except as otherwise provided in sections
1.8it
1.9wholesale, possess with intent to sell, advertise, use, or explode any fireworks
1.10when the person sells the fireworks, or possesses the fireworks with intent to sell:
1.11(1) to a person holding a permit under this section;
1.12(2) to a statutory or home rule charter city, fair association, amusement park, or other
1.13organization for the purposes of section 624.22;
1.14(3) to a person who is not a resident of this state; or
1.15(4) for a purpose specified under paragraph (b) or section 624.23.
1.16(b) This section shall not be construed to prohibit the possession, use, or explosion
1.17of fireworks by an engineer licensed pursuant to sections
1.18under the engineer's direct supervision when undertaking acoustical testing; or sales
1.19at wholesale to those persons holding valid permits for a fireworks display from a
1.20governmental subdivision of the state; or sales outside the state or sales to licensed
1.21professional engineers for acoustical testing purposes only.
1.22 Subd. 2. Possession and use. (a) A person may not possess or use fireworks without
1.23a user's permit issued under subdivision 3. A person may not use fireworks under section
1.24624.20 while attending a fireworks display given by a statutory or home rule charter city,
2.1fair association, amusement park, or other organization under section 624.22 if the display
2.2is open to the general public. A person with a user's permit under subdivision 3, paragraph
2.3(a), may not give a fireworks display that is open to the general public.
2.4(b) Paragraph (a) does not apply to:
2.5(1) statutory or home rule charter cities, fair associations, amusement parks, or other
2.6organizations provided for under section 624.22;
2.7(2) a person or entity provided for under section 624.23; and
2.8(3) except as provided in paragraph (c), the possession of fireworks in any statutory
2.9or home rule charter city while transporting the fireworks to a statutory or home rule
2.10charter city where the possession of the fireworks is authorized by permit or ordinance.
2.11(c) Paragraph (a) applies to a person transporting fireworks under paragraph (b),
2.12clause (3), if, in the course of transporting the fireworks through a statutory or home rule
2.13charter city, the person remains in that city for a period of at least 12 hours.
2.14 Subd. 3. Permit. (a) A municipal clerk of an incorporated municipality or, if
2.15outside the limits of an incorporated municipality, the county auditor of the county where
2.16the possession or use of fireworks is to occur may issue a permit to a person or group of
2.17persons to possess or use fireworks.
2.18(b) The municipality or county issuing a permit under this subdivision may require
2.19an indemnity bond with good and sufficient sureties or a policy of liability insurance for
2.20the payment of all claims that may arise by reason of injuries to person or property from
2.21the handling, use, or discharge of fireworks under the permit. The bond or policy, if
2.22required, shall be taken in the name of the municipality or county where the fireworks are
2.23to be used, and any person injured by the fireworks may bring an action on the bond or
2.24policy in the person's own name to recover the damage the person has sustained, but the
2.25aggregate liability of the surety or insurer to all persons shall not exceed the amount of the
2.26bond or policy. The bond or policy, if required, together with a copy of the permit shall be
2.27filed in the office of the municipal clerk or county auditor as applicable.
2.28(c) A permit under this subdivision shall include:
2.29(1) the name and address of the permit holder;
2.30(2) the date on and after which fireworks may be purchased;
2.31(3) the general kind and approximate quantity of fireworks which may be purchased;
2.32(4) the date and location of permitted use; and
2.33(5) other special conditions prescribed by ordinance.
2.34(d) A copy of a permit under this subdivision shall be given to the municipal fire
2.35or law enforcement official at least two days before the date of authorized use. This
2.36paragraph does not apply to a permit authorizing only the sale or possession of fireworks
3.1that are classified by the federal Department of Transportation as Division 1.4 explosives,
3.2as defined in Code of Federal Regulations, title 49, section 173.50.
3.3(e) A permit under this subdivision may not be issued to a minor.
3.4 Subd. 4. Local ordinances. (a) An incorporated municipality or county may enact
3.5an ordinance for any of the following:
3.6(1) defining "fireworks" to include fireworks under section 624.20;
3.7(2) prohibiting the sale, possession, or use, as defined by ordinance, of fireworks; and
3.8(3) regulating the sale, possession, or use, as defined by ordinance, of fireworks.
3.9(b) An ordinance under paragraph (a) may not be less restrictive in its coverage,
3.10prohibition, or regulation than sections 624.20 to 624.25, but may be more restrictive
3.11than those sections.
3.12(c) A county ordinance enacted under paragraph (a) does not apply and may not be
3.13enforced within any incorporated municipality that has enacted or enacts an ordinance
3.14under paragraph (a).
3.15(d) Notwithstanding paragraph (a) or (b), an incorporated municipality or county
3.16may not enact an ordinance that prohibits the possession of fireworks in that municipality
3.17or county by a person transporting the fireworks according to subdivision 2 to an
3.18incorporated municipality or county where the possession of the fireworks is authorized
3.19by permit or ordinance.
3.20 Subd. 5. Parent or legal guardian liability. A parent or legal guardian of a
3.21minor who consents to the use of fireworks by the minor is liable for damages caused by
3.22the minor's use of the fireworks.
3.23 Subd. 6. Municipality and county liability. An incorporated municipality or
3.24county official or employee is not civilly liable for damage to a person or property
3.25caused by fireworks for the sole reason that the incorporated municipality or county
3.26issued a permit in accordance with the requirements of subdivision 2 and any applicable
3.27requirements authorized under subdivision 4 that authorized the purchase, possession,
3.28or use of the fireworks.
3.29 Sec. 2. Minnesota Statutes 2010, section 624.221, is amended to read:
3.30624.221 EXEMPTIONS FOR LICENSE OR PERMIT HOLDER.
3.31(a) Sections
3.32(1) the holders of a federal explosives license or permit issued pursuant to United
3.33States Code, title 18, chapter 40, or their agents when the holder or agent is acting in
3.34compliance with the conditions of licensure; or
4.1(2) the holders of permits issued pursuant to section
4.2the date of issuance until 20 days after the date of exhibition authorized by the permit,
4.3when the holder or agent is acting in compliance with the conditions of the permit and
4.4section
4.5(b) Sections 624.22 and 624.23 to 624.25 do not apply to a holder of a permit issued
4.6under section 624.21, subdivision 3, from the date of issuance through 20 days after that
4.7date when the holder of the permit is acting in compliance with the conditions of the
4.8permit and section 624.21.
