SF 1365

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to public safety; regulating fireworks; 
  1.3             modifying the definition of the term fireworks; 
  1.4             preempting local regulation of fireworks; prohibiting 
  1.5             certain sales to minors; amending Minnesota Statutes 
  1.6             1994, sections 624.20, subdivision 1; and 624.21. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 624.20, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  As used in sections 624.20 to 624.25, the 
  1.11  term "fireworks" means any substance or combination of 
  1.12  substances or article prepared for the purpose of producing a 
  1.13  visible or an audible effect by combustion, explosion, 
  1.14  deflagration, or detonation, and includes blank cartridges, toy 
  1.15  cannons, and toy canes in which explosives are used, the type of 
  1.16  balloons which require fire underneath to propel them, 
  1.17  firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, 
  1.18  sparklers, or other fireworks of like construction, and any 
  1.19  fireworks containing any explosive or inflammable compound, or 
  1.20  any tablets or other device containing any explosive substance 
  1.21  and commonly used as fireworks.  The term "fireworks" shall not 
  1.22  include:  (1) toy pistols, toy guns, in which paper caps 
  1.23  containing 25/100 grains or less of explosive compound are used 
  1.24  and toy pistol caps which contain less than 20/100 grains of 
  1.25  explosive mixture; or (2) sparklers of not more than 100 grams 
  1.26  of mixture per item, other sparkling items which are 
  2.1   nonexplosive and nonaerial and contain 75 grams or less of 
  2.2   chemical compound per tube or a total of 200 grams or less for 
  2.3   multiple tubes, snake and glow worms, smoke devices, and trick 
  2.4   noise makers which include paper streamers, party poppers, 
  2.5   string poppers, snappers, and drop pops each consisting of 0.25 
  2.6   grains or less of explosive mixture. 
  2.7      Sec. 2.  Minnesota Statutes 1994, section 624.21, is 
  2.8   amended to read: 
  2.9      624.21 [SALE, POSSESSION, AND USE OF FIREWORKS PROHIBITED.] 
  2.10     Subdivision 1.  [GENERAL.] Except as otherwise provided in 
  2.11  sections 624.20 to 624.25, it shall be unlawful for any person 
  2.12  to offer for sale, expose for sale, sell at retail or wholesale, 
  2.13  possess, advertise, use, or explode any fireworks.  This section 
  2.14  shall not be construed to prohibit the possession, use, or 
  2.15  explosion of fireworks by an engineer licensed pursuant to 
  2.16  sections 326.02 and 326.03 or a person under the engineer's 
  2.17  direct supervision when undertaking acoustical testing; or sales 
  2.18  at wholesale to those persons holding valid permits for a 
  2.19  fireworks display from a governmental subdivision of the state; 
  2.20  or sales outside the state or sales to licensed professional 
  2.21  engineers for acoustical testing purposes only. 
  2.22     Subd. 2.  [CERTAIN SALES TO MINORS PROHIBITED.] It is 
  2.23  unlawful for any person to sell the items described in section 
  2.24  624.20, subdivision 1, clause (2), to a minor. 
  2.25     Sec. 3.  [EFFECTIVE DATE.] 
  2.26     Sections 1 and 2 are effective the day following final 
  2.27  enactment.