VA SB173 | 2019 | Regular Session

Status

Spectrum: Partisan Bill (Republican 1-0)
Status: Introduced on December 28 2017 - 25% progression, died in committee
Action: 2018-11-30 - Left in Finance
Pending: Senate Finance and Appropriations Committee
Text: Latest bill text (Prefiled) [HTML]

Summary

Regulation of the sale and use of consumer fireworks; Regulation of the sale and use of consumer fireworks; criminal and civil penalties. Authorizes a person to sell consumer fireworks, defined in the bill, if he possesses a federal permit to sell fireworks, a permit issued by the Virginia Fire Services Board, and a local permit, if and as required by the locality where the sales facility is located. The bill directs the Board to establish requirements and a process for the issuance and renewal of permits for the sale of consumer fireworks. Among other requirements, a permittee is required to carry, with respect to each permitted facility, public liability and product liability insurance with minimum limits of $5 million to cover potential losses, damages, or injuries to persons or property as a result of the sales of consumer fireworks. The bill specifies certain requirements for facilities at which consumer fireworks are permitted to be sold, including prohibitions on an individual under 18 years of age (i) being admitted into any consumer fireworks retail sales facility, defined in the bill, unless accompanied by a parent, guardian, or responsible adult or (ii) working in any consumer fireworks retail sales facility. The bill prohibits a person from, among other acts, (a) selling consumer fireworks within the Commonwealth unless he is a permittee or an employee or agent of a permittee; (b) selling consumer fireworks from a place other than a permanent consumer fireworks retail sales facility; (c) selling consumer or permissible fireworks to an individual who appears to be under the influence of alcohol or drugs; (d) knowingly selling or otherwise furnishing consumer or permissible fireworks to an individual under 18 years of age; (e) purchasing, using, or possessing consumer or permissible fireworks if the individual is under 18 years of age; or (f) selling or storing fireworks that are not consumer fireworks as defined in a standard established by the American Pyrotechnics Association. Certain violations are punishable as a Class 1 misdemeanor. A person violating restrictions on the hours during which, or places where, consumer or permissible fireworks may be used is subject to a civil penalty not to exceed $150 per violation. The bill also creates a seven percent tax on the purchase of all consumer fireworks. The bill provides that revenues from the tax shall be deposited into the Local Consumer Fireworks Fund, created by the bill, and shall be distributed evenly among all of the localities in which consumer fireworks are sold to be used to supplement the salaries paid to deputy

Tracking Information

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Title

Consumer fireworks; regulation of the sale and use, criminal and civil penalties.

Sponsors


Roll Calls

2018-02-07 - Senate - Senate: Continued to 2019 in Finance (11-Y 5-N) (Y: 11 N: 5 NV: 0 Abs: 0) [PASS]
2018-01-15 - Senate - Senate: Reported from General Laws and Technology with amendments (13-Y 1-N) (Y: 13 N: 1 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2018-11-30SenateLeft in Finance
2018-02-07SenateContinued to 2019 in Finance (11-Y 5-N)
2018-01-15SenateRereferred to Finance
2018-01-15SenateReported from General Laws and Technology with amendments (13-Y 1-N)
2017-12-28SenateReferred to Committee on General Laws and Technology
2017-12-28SenatePrefiled and ordered printed; offered 01/10/18 18101126D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
5811743(n/a)See Bill Text
5811744(n/a)See Bill Text
5811745(n/a)See Bill Text

Virginia State Sources


Bill Comments

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