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HF 1774

as introduced - 87th Legislature (2011 - 2012) Posted on 01/24/2012 10:16am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; regulating the manufacture, sale, and use of fireworks;
amending Minnesota Statutes 2010, sections 624.21; 624.221.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 624.21, is amended to read:


624.21 SALE, POSSESSION, AND USE OF FIREWORKS deleted text beginPROHIBITEDdeleted text end.

new text begin Subdivision 1. new text end

new text begin Sale. new text end

new text begin(a) new text endExcept as otherwise provided in sections 624.20 to 624.25,
it deleted text beginshall bedeleted text endnew text begin isnew text end unlawful for any person to offer for sale, expose for sale, sell at retail or
wholesale, possessnew text begin with intent to sellnew text end, advertise, use, or explode any fireworksdeleted text begin.deleted text endnew text begin, except
when the person sells the fireworks, or possesses the fireworks with intent to sell:
new text end

new text begin (1) to a person holding a permit under this section;
new text end

new text begin (2) to a statutory or home rule charter city, fair association, amusement park, or other
organization for the purposes of section 624.22;
new text end

new text begin (3) to a person who is not a resident of this state; or
new text end

new text begin (4) for a purpose specified under paragraph (b) or section 624.23.
new text end

new text begin (b)new text end This section shall not be construed to prohibit the possession, use, or explosion
of fireworks by an engineer licensed pursuant to sections 326.02 and 326.03 or a person
under the engineer's direct supervision when undertaking acoustical testing; or sales
at wholesale to those persons holding valid permits for a fireworks display from a
governmental subdivision of the state; or sales outside the state or sales to licensed
professional engineers for acoustical testing purposes only.

new text begin Subd. 2. new text end

new text begin Possession and use. new text end

new text begin (a) A person may not possess or use fireworks without
a user's permit issued under subdivision 3. A person may not use fireworks under section
624.20 while attending a fireworks display given by a statutory or home rule charter city,
fair association, amusement park, or other organization under section 624.22 if the display
is open to the general public. A person with a user's permit under subdivision 3, paragraph
(a), may not give a fireworks display that is open to the general public.
new text end

new text begin (b) Paragraph (a) does not apply to:
new text end

new text begin (1) statutory or home rule charter cities, fair associations, amusement parks, or other
organizations provided for under section 624.22;
new text end

new text begin (2) a person or entity provided for under section 624.23; and
new text end

new text begin (3) except as provided in paragraph (c), the possession of fireworks in any statutory
or home rule charter city while transporting the fireworks to a statutory or home rule
charter city where the possession of the fireworks is authorized by permit or ordinance.
new text end

new text begin (c) Paragraph (a) applies to a person transporting fireworks under paragraph (b),
clause (3), if, in the course of transporting the fireworks through a statutory or home rule
charter city, the person remains in that city for a period of at least 12 hours.
new text end

new text begin Subd. 3. new text end

new text begin Permit. new text end

new text begin (a) A municipal clerk of an incorporated municipality or, if
outside the limits of an incorporated municipality, the county auditor of the county where
the possession or use of fireworks is to occur may issue a permit to a person or group of
persons to possess or use fireworks.
new text end

new text begin (b) The municipality or county issuing a permit under this subdivision may require
an indemnity bond with good and sufficient sureties or a policy of liability insurance for
the payment of all claims that may arise by reason of injuries to person or property from
the handling, use, or discharge of fireworks under the permit. The bond or policy, if
required, shall be taken in the name of the municipality or county where the fireworks are
to be used, and any person injured by the fireworks may bring an action on the bond or
policy in the person's own name to recover the damage the person has sustained, but the
aggregate liability of the surety or insurer to all persons shall not exceed the amount of the
bond or policy. The bond or policy, if required, together with a copy of the permit shall be
filed in the office of the municipal clerk or county auditor as applicable.
new text end

new text begin (c) A permit under this subdivision shall include:
new text end

new text begin (1) the name and address of the permit holder;
new text end

new text begin (2) the date on and after which fireworks may be purchased;
new text end

new text begin (3) the general kind and approximate quantity of fireworks which may be purchased;
new text end

new text begin (4) the date and location of permitted use; and
new text end

new text begin (5) other special conditions prescribed by ordinance.
new text end

new text begin (d) A copy of a permit under this subdivision shall be given to the municipal fire
or law enforcement official at least two days before the date of authorized use. This
paragraph does not apply to a permit authorizing only the sale or possession of fireworks
that are classified by the federal Department of Transportation as Division 1.4 explosives,
as defined in Code of Federal Regulations, title 49, section 173.50.
new text end

new text begin (e) A permit under this subdivision may not be issued to a minor.
new text end

new text begin Subd. 4. new text end

new text begin Local ordinances. new text end

new text begin (a) An incorporated municipality or county may enact
an ordinance for any of the following:
new text end

new text begin (1) defining "fireworks" to include fireworks under section 624.20;
new text end

new text begin (2) prohibiting the sale, possession, or use, as defined by ordinance, of fireworks; and
new text end

new text begin (3) regulating the sale, possession, or use, as defined by ordinance, of fireworks.
new text end

new text begin (b) An ordinance under paragraph (a) may not be less restrictive in its coverage,
prohibition, or regulation than sections 624.20 to 624.25, but may be more restrictive
than those sections.
new text end

new text begin (c) A county ordinance enacted under paragraph (a) does not apply and may not be
enforced within any incorporated municipality that has enacted or enacts an ordinance
under paragraph (a).
new text end

new text begin (d) Notwithstanding paragraph (a) or (b), an incorporated municipality or county
may not enact an ordinance that prohibits the possession of fireworks in that municipality
or county by a person transporting the fireworks according to subdivision 2 to an
incorporated municipality or county where the possession of the fireworks is authorized
by permit or ordinance.
new text end

new text begin Subd. 5. new text end

new text begin Parent or legal guardian liability. new text end

new text begin A parent or legal guardian of a
minor who consents to the use of fireworks by the minor is liable for damages caused by
the minor's use of the fireworks.
new text end

new text begin Subd. 6. new text end

new text begin Municipality and county liability. new text end

new text begin An incorporated municipality or
county official or employee is not civilly liable for damage to a person or property
caused by fireworks for the sole reason that the incorporated municipality or county
issued a permit in accordance with the requirements of subdivision 2 and any applicable
requirements authorized under subdivision 4 that authorized the purchase, possession,
or use of the fireworks.
new text end

Sec. 2.

Minnesota Statutes 2010, section 624.221, is amended to read:


624.221 EXEMPTIONS FOR LICENSE OR PERMIT HOLDER.

new text begin (a) new text endSections 624.20, 624.21, and 624.23 to 624.25 do not apply to:

(1) the holders of a federal explosives license or permit issued pursuant to United
States Code, title 18, chapter 40, or their agents when the holder or agent is acting in
compliance with the conditions of licensure; or

(2) the holders of permits issued pursuant to section 624.22 or their agents, from
the date of issuance until 20 days after the date of exhibition authorized by the permit,
when the holder or agent is acting in compliance with the conditions of the permit and
section 624.22.

new text begin (b) Sections 624.22 and 624.23 to 624.25 do not apply to a holder of a permit issued
under section 624.21, subdivision 3, from the date of issuance through 20 days after that
date when the holder of the permit is acting in compliance with the conditions of the
permit and section 624.21.
new text end