SF 3279

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to crime; increasing the lawful amount of explosives allowed in certain
fireworks; amending Minnesota Statutes 2006, section 624.20, subdivision 1.

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

Section 1.

Minnesota Statutes 2006, section 624.20, subdivision 1, is amended to read:

Subdivision 1.

Regulation.

(a) As used in sections 624.20 to 624.25, 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.

(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.

(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 deleted text begin 200 deleted text end new text begin 500 new text end 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.

(d) A local unit of government may impose an annual license fee for the retail
sale of items authorized under paragraph (c). The annual license fee of each retail seller
that is in the business of selling only the items authorized under paragraph (c) may not
exceed $350, and the annual license of each other retail seller may not exceed $100. A
local unit of government may not:

(1) impose any fee or charge, other than the fee authorized by this paragraph, on the
retail sale of items authorized under paragraph (c);

(2) prohibit or restrict the display of items for permanent or temporary retail sale
authorized under paragraph (c) that comply with National Fire Protection Association
Standard 1124 (2003 edition); or

(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 EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end