North Carolina 2021-2022 Session Status: In Committee 2 R cosponsors

SB 40 — NC Consumer Fireworks Safety Act.

Last action — Passed 1st Reading

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

30 added · 31 removed

Plain-language change summary

The recent amendments to Senate Bill 40 include the addition of a requirement for the Commissioner to either create a training course or identify existing training courses to better train individuals involved in fireworks safety. Additionally, references to specific codes and standards have been clarified and streamlined. These updates are important because they aim to enhance safety measures for handling fireworks, ensuring that those involved are well-trained to prevent accidents and injuries. Overall, the changes reflect a stronger commitment to safety regulations in the fireworks industry.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Feb 1, 2021 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 S 1 SENATE BILL 40 Short Title:
40 SESSION 2021 PRINCIPAL CLERK S D SENATE BILL DRS35016-MHxf-15 Short Title:
A BILL TO BE ENTITLED AN ACT TO PERMIT THE SALE, POSSESSION, AND USE OF CERTAIN CONSUMER FIREWORKS AND TO LEVY AN EXCISE TAX ON THE SALES OF CONSUMER FIREWORKS.
Rules and Operations of the Senate February 2, 2021 A BILL TO BE ENTITLED AN ACT TO PERMIT THE SALE, POSSESSION, AND USE OF CERTAIN CONSUMER FIREWORKS AND TO LEVY AN EXCISE TAX ON THE SALES OF CONSUMER FIREWORKS.
(3) Thedisplay operatorhas secured writtenauthorityunder G.S.
(3) Thedisplayoperatorhas secured writtenauthorityunderG.S.
14-413, and pyrotechnics are exhibited on lands or buildings in Orange *DRS35016-MHxf-15* General Assembly Of North Carolina Session 2021 County owned by The University of North Carolina or the University of North Carolina at Chapel Hill or (ii) the University of North Carolina School of the Arts and pyrotechnics are exhibited on lands or in buildings owned by the State and used by the University of North Carolina School of the Arts.
14-413, and pyrotechnics are exhibited on lands or buildings in Orange *S40-v-1* General Assembly Of North Carolina Session 2021 Countyowned byThe Universityof North Carolina or the Universityof North Carolina at Chapel Hill or (ii) the University of North Carolina School of the Arts and pyrotechnics are exhibited on lands or in buildings owned by the State and used by the University of North Carolina School of the Arts.
(a5) It shall be permissible for pyrotechnics to be exhibited, used, handled, manufactured, or discharged within the State for pyrotechnic or proximate audience display instruction consisting of classroom and practical skills training approved by the Office of State Fire Marshal.
(a5) It shall be permissible for pyrotechnics to be exhibited, used, handled, manufactured, or discharged within the State for pyrotechnic or proximate audience display instruction consisting of classroom and practical skills trainingapproved bythe Office of State Fire Marshal.
– Any small fireworks device designed primarily to produce visible effects by combustion or deflagration that (i) is categorized as a 1.4G firework device under Standard 87-1 of the American Pyrotechnics Association and (ii) complies with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Page 2 DRS35016-MHxf-15 General Assembly Of North Carolina Session 2021 Commission, as set forth in the Code of Federal Regulations, volumes 16 and 49.
– Any small fireworks device designed primarily to produce visible effects by combustion or deflagration that (i) is categorized as a 1.4G firework device under Standard 87-1 of the American Pyrotechnics Association and (ii) complies with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Page 2 Senate Bill 40-First Edition General Assembly Of North Carolina Session 2021 Commission, as set forth in the Code of Federal Regulations, volumes 16 and 49.
The specificationof sparkling devices underthis subdivision shall substantially follow the definition of "ground and handheld sparkling devices" under Standard 87-1 of the American Pyrotechnics Association.
The specificationof sparklingdevices underthis subdivision shall substantially follow the definition of "ground and handheld sparkling devices" under Standard 87-1 of the American Pyrotechnics Association.
DRS35016-MHxf-15 Page 3 General Assembly Of North Carolina Session 2021 (b) The use and sale of consumer fireworks is prohibited within a county or city unless that county or city has adopted an ordinance to allow the use and sale of consumer fireworks in accordance with G.S.
Senate Bill 40-First Edition Page 3 General Assembly Of North Carolina Session 2021 (b) The use and sale of consumer fireworks is prohibited within a county or city unless that county or city has adopted an ordinance to allow the use and sale of consumer fireworks in accordance with G.S.
In determining whether to increase the amount of required liability insurance, the Commissionershall considerthemaximum amount ofinventorythefireworks retailer will have on hand at a given time, any property located within 1,000 feet of the property wherein the fireworks will be stored or sold, and any other factors the Commissioner deems important.
In determining whether to increase the amount of required liability insurance, the Commissionershall considerthemaximum amount ofinventorythefireworks retailer will have on hand at a given time, any property located within 1,000 feet of the propertywherein the fireworks will be stored or sold, and anyother factors the Commissioner deems important.
Page 4 DRS35016-MHxf-15 General Assembly Of North Carolina Session 2021 (6) Submits the application for a permit no less than 120 days prior to the date the applicant proposes to begin sales of consumer fireworks under this Part.
Page 4 Senate Bill 40-First Edition General Assembly Of North Carolina Session 2021 (6) Submits the application for a permit no less than 120 days prior to the date the applicant proposes to begin sales of consumer fireworks under this Part.
(7) Provides aleaseorevidenceofownershipofthesiteofthe proposed fireworks retailer for no less than the duration of the permit.
(7) Provides aleaseorevidenceofownershipofthesiteoftheproposed fireworks retailer for no less than the duration of the permit.
– Theretailer shall createandmaintainafiresafety and evacuation plan in a form specified and approved by the Commissioner.
– Theretailer shall createandmaintainafiresafetyandevacuation plan in a form specified and approved by the Commissioner.
DRS35016-MHxf-15 Page 5 General Assembly Of North Carolina Session 2021 (e) Nothing in this section is meant to override any fire code applicable to a structure regulated by this Part.
Senate Bill 40-First Edition Page 5 General Assembly Of North Carolina Session 2021 (e) Nothing in this section is meant to override any fire code applicable to a structure regulated by this Part.
The Commissioner may charge an applicant for a permit under G.S.
The Commissioner maycharge an applicant for a permit under G.S.
Page 6 DRS35016-MHxf-15 General Assembly Of North Carolina Session 2021 (4) Knowingly aiding or assisting in procuring, furnishing, giving, selling, or delivering consumer fireworks or sparkling devices to a person under the age of 18.
Page 6 Senate Bill 40-First Edition General Assembly Of North Carolina Session 2021 (4) Knowingly aiding or assisting in procuring, furnishing, giving, selling, or delivering consumer fireworks or sparkling devices to a person under the age of 18.
(1) If the fireworks retailer does not own the property wherein the fireworks retail stand or fireworks tent is located, the owner or custodian of said property shall provide written confirmation that the fireworks retailer is authorized to conduct business on the premises.
(1) If the fireworks retailer does not own the property wherein the fireworks retail stand or fireworks tent is located, the owner or custodian of said propertyshall provide written confirmation that the fireworks retailer is authorized to conduct business on the premises.
The Commissioner shall create a training course, or identify existing training courses, to train individuals on the function, safe handling, and best practices for the safe use of all categories of consumer fireworks.
The Commissioner shall create a training course, or identifyexisting trainingcourses, to train individuals on the function, safe handling, and best practices for the safe use of all categories of consumer fireworks.
The Department may also charge a fee to cover the costs of implementing this section." DRS35016-MHxf-15 Page 7 General Assembly Of North Carolina Session 2021 SECTION 5.(a) Article 6 of Chapter 153A of the General Statutes is amended by adding a new section to read:
The Department may also charge a fee to cover the costs of implementing this section." Senate Bill 40-First Edition Page 7 General Assembly Of North Carolina Session 2021 SECTION 5.(a) Article 6 of Chapter 153A of the General Statutes is amended by adding a new section to read:
The application shall bein theform prescribedbytheSecretaryandshall beaccompanied by awritten certificate signed under penalty of perjury or an affidavit from the manufacturer listing the consumer fireworks returned to the manufacturer by the applicant.
The application shall bein theform prescribedbytheSecretaryandshall beaccompanied byawritten certificate signed under penalty of perjury or an affidavit from the manufacturer listing the consumer fireworks returned to the manufacturer by the applicant.
Page 8 DRS35016-MHxf-15 General Assembly Of North Carolina Session 2021 (f) Records.
Page 8 Senate Bill 40-First Edition General Assembly Of North Carolina Session 2021 (f) Records.
– The Secretary may require a fireworks retailer to furnish a bond in an amount that adequately protects the State from loss if the fireworks retailer fails to pay taxes due under this Article.
– The Secretarymayrequire a fireworks retailer to furnish a bond in an amount that adequately protects the State from loss if the fireworks retailer fails to pay taxes due under this Article.
The amount of the bond is two times the distributor's average expected monthly tax liability under this Article, as determined by the Secretary, provided the amount of the bond may not be less than one thousand dollars ($1,000) and may not be more than fifty thousand dollars ($50,000).
The amount of the bond is two times the distributor's average expected monthly tax liability under this Article, as determined by the Secretary, provided the amount of the bond maynot be less than one thousand dollars ($1,000) and maynot be more than fifty thousand dollars ($50,000).
The Secretary should periodically review the sufficiency of bonds required of the fireworks retailer and increase the required bond amount if the amount no longer covers the anticipated tax liability of the fireworks retailer and decrease the amount if the Secretary finds that a lower bond amount will protect the State adequately from loss.
The Secretary should periodically review the sufficiency of bonds required of the fireworks retailer and increase the required bond amount if the amount no longer covers the anticipated tax liabilityof the fireworks retailer and decrease the amount if the Secretary finds that a lower bond amount will protect the State adequately from loss.
Chapter 58 of the General Statutes is amended by adding a new Article to read:
Chapter 58 of the General Statutes is amended byadding a new Article to read:
DRS35016-MHxf-15 Page 9
Senate Bill 40-First Edition Page 9
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How this bill changes current law

4 changes Share ↗

Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill allows for the sale, possession, and use of certain consumer fireworks in North Carolina, modifying existing prohibitions.

  • G.S. 14-410

    16 → 18

    Increases the minimum age for selling pyrotechnics to individuals from 16 to 18.

  • G.S. 14-410

    It shall be permissible for pyrotechnics that are consumer fireworks to be possessed, advertised, sold, used, transported, handled, or discharged within the State, provided the possession, advertising, sale, use, transportation, handling, or discharge comply with Part 2 of Article 82A of Chapter 58 of the General Statutes.

    Introduces new allowances for consumer fireworks, permitting their sale and use under specific conditions.

  • G.S. 14-415

    Class 1 misdemeanor if the sale is in violation of G.S. 14-410(b) or if the exhibition is indoors. → except that it is a Class 1 misdemeanor if the sale is in violation of G.S. 14-410(b) or if the exhibition is indoors.

    Clarifies the classification of misdemeanors for violations of the pyrotechnics article.

  • G.S. 14-414

    or pyrotechnics as defined in G.S. 14-414(2), (3), (4)c., (5), or (6) to persons under the age of 16.

    Extends the age restriction for selling pyrotechnics to individuals under 18.

Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules and Operations of the Senate

  3. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 177 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (177)

177 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety taxation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 40?
SB 40 is sponsored by Vickie Sawyer (Republican) and Amy S. Galey (Republican).
What is the current status of SB 40?
This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 40?
Track SB 40 free on One Click Politics — get push/email alerts when it moves.

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