SF 235

as introduced - 90th Legislature (2017 - 2018) Posted on 03/22/2018 08:31am

A bill for an act
relating to public safety; regulating the manufacture, sale, and use of fireworks;
dedicating a portion of revenues from the sale of certain fireworks for public safety
purposes; providing for a new account in the state treasury; amending Minnesota
Statutes 2016, sections 297A.94; 624.20, subdivision 1; proposing coding for new
law in Minnesota Statutes, chapter 88.

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

Section 1.

new text begin [88.068] VOLUNTEER FIRE ASSISTANCE GRANT ACCOUNT.
new text end

new text begin A volunteer fire assistance grant account is established in the special revenue fund. Sales
taxes allocated under section 297A.94, for making grants under section 88.067, must be
deposited in the special revenue fund and credited to the volunteer fire assistance grant
account. Money in the account, including interest, is appropriated to the commissioner for
making grants under that section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning with deposits made in fiscal
year 2018.
new text end

Sec. 2.

Minnesota Statutes 2016, section 297A.94, is amended to read:

297A.94 DEPOSIT OF REVENUES.

(a) Except as provided in this section, the commissioner shall deposit the revenues,
including interest and penalties, derived from the taxes imposed by this chapter in the state
treasury and credit them to the general fund.

(b) The commissioner shall deposit taxes in the Minnesota agricultural and economic
account in the special revenue fund if:

(1) the taxes are derived from sales and use of property and services purchased for the
construction and operation of an agricultural resource project; and

(2) the purchase was made on or after the date on which a conditional commitment was
made for a loan guaranty for the project under section 41A.04, subdivision 3.

The commissioner of management and budget shall certify to the commissioner the date on
which the project received the conditional commitment. The amount deposited in the loan
guaranty account must be reduced by any refunds and by the costs incurred by the Department
of Revenue to administer and enforce the assessment and collection of the taxes.

(c) The commissioner shall deposit the revenues, including interest and penalties, derived
from the taxes imposed on sales and purchases included in section 297A.61, subdivision 3,
paragraph (g), clauses (1) and (4), in the state treasury, and credit them as follows:

(1) first to the general obligation special tax bond debt service account in each fiscal
year the amount required by section 16A.661, subdivision 3, paragraph (b); and

(2) after the requirements of clause (1) have been met, the balance to the general fund.

(d) The commissioner shall deposit the revenues, including interest and penalties,
collected under section 297A.64, subdivision 5, in the state treasury and credit them to the
general fund. By July 15 of each year the commissioner shall transfer to the highway user
tax distribution fund an amount equal to the excess fees collected under section 297A.64,
subdivision 5, for the previous calendar year.

(e) 72.43 percent of the revenues, including interest and penalties, transmitted to the
commissioner under section 297A.65, must be deposited by the commissioner in the state
treasury as follows:

(1) 50 percent of the receipts must be deposited in the heritage enhancement account in
the game and fish fund, and may be spent only on activities that improve, enhance, or protect
fish and wildlife resources, including conservation, restoration, and enhancement of land,
water, and other natural resources of the state;

(2) 22.5 percent of the receipts must be deposited in the natural resources fund, and may
be spent only for state parks and trails;

(3) 22.5 percent of the receipts must be deposited in the natural resources fund, and may
be spent only on metropolitan park and trail grants;

(4) three percent of the receipts must be deposited in the natural resources fund, and
may be spent only on local trail grants; and

(5) two percent of the receipts must be deposited in the natural resources fund, and may
be spent only for the Minnesota Zoological Garden, the Como Park Zoo and Conservatory,
and the Duluth Zoo.

(f) The revenue dedicated under paragraph (e) may not be used as a substitute for
traditional sources of funding for the purposes specified, but the dedicated revenue shall
supplement traditional sources of funding for those purposes. Land acquired with money
deposited in the game and fish fund under paragraph (e) must be open to public hunting
and fishing during the open season, except that in aquatic management areas or on lands
where angling easements have been acquired, fishing may be prohibited during certain times
of the year and hunting may be prohibited. At least 87 percent of the money deposited in
the game and fish fund for improvement, enhancement, or protection of fish and wildlife
resources under paragraph (e) must be allocated for field operations.

new text begin (g) Beginning with sales taxes remitted after June 30, 2017, the commissioner shall
deposit the revenues, including penalties and interest and less refunds, derived from the
taxes imposed on the sale of aerial and audible devices, in the state treasury and credit: (1)
25 percent to the volunteer fire assistance grant account in the special revenue fund for use
in making grants under section 88.067; (2) 25 percent to the fire safety account established
under section 297I.06, subdivision 3; and (3) the remainder to the general fund. For purposes
of this section, "aerial and audible devices" has the meaning given in section 624.20,
subdivision 1, paragraph (a). The commissioner shall estimate the percentage of total sales
tax revenue attributable to the sale of aerial and audible devices to calculate the amount of
annual revenue that should be paid to the account under this paragraph in fiscal year 2018
and each subsequent fiscal year.
new text end

deleted text begin (g) deleted text end new text begin (h) new text end The revenues deposited under paragraphs (a) to deleted text begin (f) deleted text end new text begin (g) new text end do not include the revenues,
including interest and penalties, generated by the sales tax imposed under section 297A.62,
subdivision 1a, which must be deposited as provided under the Minnesota Constitution,
article XI, section 15.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for sales and purchases made after June
30, 2017.
new text end

Sec. 3.

Minnesota Statutes 2016, section 624.20, subdivision 1, is amended to read:

Subdivision 1.

Regulation.

(a) As used in sections 624.20 to 624.25 deleted text begin , the term "fireworks"
means any substance or combination of substances or article prepared for the purpose of
producing a visible or an audible effect by combustion, explosion, deflagration, or detonation,
and includes blank cartridges, toy cannons, and toy canes in which explosives are used, the
type of balloons which require fire underneath to propel them, firecrackers, torpedoes,
skyrockets, Roman candles, daygo bombs, sparklers other than those specified in paragraph
(c), or other fireworks of like construction, and any fireworks containing any explosive or
inflammable compound, or any tablets or other device containing any explosive substance
and commonly used as fireworks. deleted text end new text begin :
new text end

deleted text begin (b) The term "fireworks" shall not include toy pistols, toy guns, in which paper caps
containing 25/100 grains or less of explosive compound are used and toy pistol caps which
contain less than 20/100 grains of explosive mixture.
deleted text end

deleted text begin (c) The term also does not include wire or wood sparklers of not more than 100 grams
of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain
75 grams or less of chemical mixture per tube or a total of 500 grams or less for multiple
tubes, snakes and glow worms, smoke devices, or trick noisemakers which include paper
streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not
more than twenty-five hundredths grains of explosive mixture. The use of items listed in
this paragraph is not permitted on public property. This paragraph does not authorize the
purchase of items listed in it by persons younger than 18 years of age. The age of a purchaser
of items listed in this paragraph must be verified by photographic identification.
deleted text end

new text begin (1) "aerial and audible devices" means fireworks in a finished state, suitable for use by
the public, listed in APA 87-1, sections 3.1.2, 3.1.3, and 3.5, and containing 75 grams or
less of chemical mixture per tube for a total of 500 grams or less for multiple tubes in a
device;
new text end

new text begin (2) "APA 87-1" means the American Pyrotechnic Association Standard 87-1 from the
Standard for Construction and Approval for Transportation of Fireworks, Novelties, and
Theatrical Pyrotechnics, 2001 Edition;
new text end

new text begin (3) "display fireworks" means firework devices in a finished state, exclusive of mere
ornamentation, primarily intended for commercial displays that are designed to produce
visible effects, audible effects, or both, by combustion, deflagration, or detonation. The
term includes, but is not limited to, salutes containing more than 130 milligrams of explosive
composition, aerial shells containing more than 40 grams of chemical composition exclusive
of light charge, and other exhibition display items that exceed the limits contained in APA
87-1 for aerial and audible devices;
new text end

new text begin (4) "fireworks" means any device, other than sparkling devices, novelties, aerial and
audible devices, or theatrical pyrotechnic articles that are intended to produce visible effects,
audible effects, or both, by combustion, deflagration, or detonation. The term includes
display fireworks;
new text end

new text begin (5) "novelties" means devices containing small amounts of pyrotechnic composition
that are listed in APA 87-1, sections 3.2, 3.3, and 3.4. The term includes deregulated
sparklers, snakes and glow worms, smoke devices, and trick noisemakers, including paper
streamers, party poppers, string poppers, snappers, drop pops, each consisting of not more
than 25/100 grains of explosive mixture; toy pistols, toy guns, in which paper caps containing
25/100 grains or less of explosive compound are used; and toy pistol caps that contain less
than 20/100 grains of explosive mixture; and
new text end

new text begin (6) "sparkling devices" means ground-based or handheld devices that produce a shower
of sparks that are listed in APA 87-1, sections 3.1.1 and 3.5. The term includes fountains,
torches, wheels, ground spinners, flitter sparklers, toy smoke devices, and sparklers.
new text end

new text begin (b) Nothing in sections 624.20 to 624.25 authorizes the possession or use of sparkling
devices or aerial and audible devices on public property or the purchase of these items by
persons younger than 18 years of age. A person selling sparkling devices or aerial and
audible devices shall verify the age of a purchaser by photographic identification.
new text end

deleted text begin (d) deleted text end new text begin (c) new text end A local unit of government may impose an annual license fee for the retail sale
of deleted text begin items authorized under paragraph (c) deleted text end new text begin sparkling devices and aerial and audible devices new text end .
The annual license fee of each retail seller that is in the business of selling only deleted text begin the items
authorized under paragraph (c) deleted text end new text begin sparkling devices or aerial and audible devices, or both, new text end may
not exceed $350 new text begin for a single retail location new text end , and the annual license of each other retail seller
may not exceed $100. new text begin A local unit of government may assess a fee, not to exceed $100, to
a licensee for each additional retail location that the licensee operates. A license application
must be made before June 1 of each year and must require, at a minimum, the location of
each retail location the licensee intends to operate. The local authority having jurisdiction
shall, within 14 days after the receipt of an application for a license, either issue the license
or notify the applicant of the denial of the license. A licensee must display the license issued
pursuant to this paragraph at each point of sale operated by the licensee. A license issued
under this paragraph expires May 31 of the year following the year of issuance. new text end A local unit
of government may not:

(1) impose any fee or charge, other than the fee authorized by this paragraph, on the
new text begin wholesale or new text end retail sale of deleted text begin items authorized under paragraph (c) deleted text end new text begin sparkling devices and aerial
and audible devices new text end ;

(2) prohibit or restrict the new text begin sale or new text end display of deleted text begin items for deleted text end new text begin sparkling devices, novelties, or
aerial and audible devices from any new text end permanent or temporary deleted text begin retail sale authorized under
paragraph (c) deleted text end new text begin structure new text end that deleted text begin comply deleted text end new text begin complies new text end with National Fire Protection Association
Standard 1124 ( deleted text begin 2003 deleted text end new text begin 2006 new text end edition); deleted text begin or
deleted text end

(3) impose on a retail seller any financial guarantee requirements, including bonding or
insurance provisions, containing restrictions or conditions not imposed on the same basis
on all other business licensees new text begin ; or
new text end

new text begin (4) enact any ordinance, rule, or regulation that prohibits, limits, or restricts the wholesale
or retail sale of novelties new text end .

new text begin (d) This section does not preempt a town or home rule charter or statutory city from
enacting and enforcing ordinances under the city charter or chapter 365, 368, 412, or 462,
that regulate the conditions of sale or use for sparkling devices, aerial and audible devices,
and display fireworks.
new text end

new text begin (e) For the purposes of regulating the conditions of sale or use for aerial and audible
devices, display fireworks, sparkling devices, and novelties, a county has the same authority
and power granted to a statutory city by paragraph (d) and chapter 412. If a home rule charter
or statutory city or town has enacted an ordinance, rule, or regulation under paragraph (d),
that ordinance, rule, or regulation prevails within the city or town.
new text end

new text begin (f) Aerial and audible devices may only be sold in the state from June 1 to July 10 of
any year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2017.
new text end