FirstHB1235_S_BLT.001 RegularSENATE SessionCOMMITTEE Seventy-thirdOF GeneralREFERENCE AssemblyREPORT STATE_______________________________ OFApril COLORADO28, ENGROSSED2021 ThisChair Versionof IncludesCommittee AllDate AmendmentsCommittee Adopted on SecondBusiness, ReadingLabor, in& theTechnology House. of Introduction LLS NO.

21-0043.01After Jacobconsideration Bauson x2173the HOUSEmerits, BILLthe 21-1235Committee HOUSErecommends SPONSORSHIPthe Birdfollowing: and Benavidez, SENATE SPONSORSHIP Story, House Committees Senate Committees Transportation & Local Government A BILL FOR AN ACT C ONCERNING MEASURES TO IMPROVE PUBLIC SAFETY THROUGH THE MODIFICATION OF THE REGULATION OF FIREWORKS .

BillHB21-1235 Summarybe (Note:amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

ThisAmend summaryreengrossed appliesbill, topage this3, billstrike aslines introduced20 and does21 notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbilland passessubstitute: third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill clarifies that it is unlawful for a person who islicensed as a retailer, display retailer, wholesaler, or importer of fireworks to sell, offerforsale,exposeforsale,possesswithintenttosell,deliver,consign, give, or otherwise furnish fireworks outside the scope of what the person's license permits.

e"vehicle ndriver's Thebilleliminatestheabilityforanexporteroffireworkslicenseelicense missued 2by Sthe nstate 2of UColoradoecords gthe 7number Shadingand denotesstateJURISDICTION HOUSEof amendment.issue of the".

DoublePage underlining3, denotesline SENATE23, amendment.after "valid" insert "TER OF FIREWORKS LICENSE ISSUED PURSUANT TO THIS PART 20,OR A VALID ".

H** i*** p** Capital*** letters** or*HB1235_S_BLT.001* bold & italic numbers indicate new material to be added to existing statuee.

Dashes through the words indicate deletions from existing statute.

R (exporter)tosellcertainfireworksfortransportinthepurchaser'svehicle if the purchaser displays to the exporter a valid driver's license issued by a state other than Colorado and a valid vehicle registration showing the purchaser owns a vehicle in a state other than Colorado.

The bill allows an exporter to sell certain fireworks for transport in the purchaser's vehicle if the purchaser displays to the exporter a valid driver's license issued by a jurisdiction other than Colorado and a valid wholesale or retail license number or resale license number issued by a state or local authority located outside the state of Colorado.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.

In Colorado Revised Statutes, 24-33.5-2002, add (7.5), (8.3), (8.5), and (8.7) as follows:

24-33.5-2002.

Unlawful use or sale of fireworks - exceptions.

(7.5) I IS UNLAWFULFOR A PERSON LICENSED AS A RETAILER PURSUANT TO THIS PART 20TO SELL ,OFFER FOR SALE ,EXPOSE FOR SALE ,POSSESS WITH INTENT TO SELL , DELIVER, CONSIGN ,OR OTHERWISE FURNISH A FIREWORK ,EXCEPT A PERMISSIBLE FIREWORK ,TO ANOTHER PERSON .

(8.3) IT IS UNLAWFUL FOR A PERSON LICENSED AS A DISPLAY RETAILER PURSUANT TO THIS PART 20 TO SELL,OFFER FOR SALE ,EXPOSE FOR SALE,POSSESS WITH INTENT TO SELL ,DELIVER ,CONSIGN ,GIVE ,OR OTHERWISE FURNISH A FIREWORK , EXCEPT DISPLAY FIREWORKS OR ARTICLES PYROTECHNIC TO A PERSON AUTHORIZED BY SECTION 24-33.5-2003.

(8.5) I IS UNLAWFUL FOR A PERSON LICENSED AS A WHOLESALER PURSUANT TO THIS PART 20 TO SELL,OFFER FOR SALE,EXPOSE FOR SALE , POSSESS WITH INTENT TO SELL,DELIVER ,CONSIGN ,GIVE,OR OTHERWISE FURNISH A FIREWORK ,EXCEPT PERMISSIBLE FIREWORKS TO A RETAILER FOR RESALE INC OLORADO .

(8.7) I IS UNLAWFUL FOR A PERSON LICENSED AS AN EXPORTER -2- 1235 PURSUANT TO THIS PART 20 TO SELL,OFFER FOR SALE,EXPOSE FOR SALE , POSSESS WITH INTENT TO SELL,DELIVER ,CONSIGN ,GIVE,OR OTHERWISE FURNISH A FIREWORK TO A PERSON ,EXCEPT AS PROVIDED BY SECTION 24-33.5-2006.

SECTION 2.

In Colorado Revised Statutes, 24-33.5-2006, amend (2) as follows:

24-33.5-2006.

Exportation of fireworks.

(2) The exporter may transport such fireworks bycommon carrier or bythe exporter's vehicle;

except that the sale of the fireworks for transport in the purchaser's vehicle is unlawful unless (a) The exporter requires the purchaser to display a valid motor vehicle driver's license issued by a state other than the state of Colorado and records the number and state of issue of such driver's license on the bill of lading pertaining to the sale, and further requires the purchaser to display a valid motor vehicle registration showing that the purchaser owns a motor vehicle licensed in a state other than the state of Colorado, whichlicenseplatenumberandstateofissueshallberecordedonthebill of lading pertaining to the sale;

or (b) the exporter requires the purchaser to display a valid motor vehicledriver'slicenseissuedbyJURISDICTIONOTHERTHAN thestateof Colorado and records the number and stateRISDICTION of issue of the driver's license on the bill of lading pertaining to the sale, and further requires the purchaser to furnish a valid wholesale, orail, license number or resale license number issued by the governing body of a state or local authoritylocated outside of the state of Colorado, which number and stateR LOCAL AUTHORITY of issue shalMUST be recorded on the bill of lading pertaining to the sale.

-3- 1235 SECTION 3.

Safety clause.

The general assemblyherebyfinds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety.

-4- 1235