SB 435 — AN ACT CONCERNING THE SALE AND USE OF CONSUMER GRADE FIREWORKS.

General Assembly   RaisedSubstitute Bill No.

435 February Session, 2018   LCO*_____SB00435GL____032018____* No.AN ACT CONCERNING THE SALE AND USE OF CONSUMER GRADE FIREWORKS.

2167   *02167_______GL_* Referred to Committee on GENERAL LAW   Introduced by:

  (GL)   AN ACT CONCERNING THE SALE AND USE OF CONSUMER GRADE FIREWORKS.

(NEW) (Effective fromOctober passage)1, 2018) (a) Notwithstanding the provisions of subsection (a) of section 29-357 of the general statutes, as amended by this act, aany person twenty-oneoffering years of age or older may offer for sale, exposeexposing for sale, sellselling at retail or possesspossessing with intent to sell,sell or possess, use or explode consumer fireworks, as defined in 27 CFR 555.11.555.11, shall hold a federal fireworks license issued pursuant to 18 USC Section 843 and a license issued by the Department of Consumer Protection pursuant to section 2 of this act.

Any person offering for sale, exposing for sale, selling at retail or possessing with intent to sell such fireworks shall hold a federal fireworks license issued pursuant to 18 USC Section 843.

The Commissioner of Consumer Protection, at the commissioner's discretion, may conduct an inspection of the premises where the consumer fireworks are to be sold, stored and offered for sale prior to such person offering such consumer fireworks for sale to the public at retail.

on any day, and such person may use or explode consumer fireworks forbetween theeleven firsto'clock hourp.m. of New Year's Day, in addition to said hours.

(c)and Amidnight personon whothe offersthirty-first orday exposesof forDecember sale,and sellsfor atthe retailfirst orhour possessof consumerNew fireworksYear's withDay, intent to sell in violationaddition of subsection (a) of this section shall have committed an unfair or deceptive act or practice pursuant to subsectionsaid (a)hours. of section 42-110b of the general statutes.

(d) A person who offers for sale, exposes for sale, sells at retail, possesses with intent to sell, or possess, uses or explodes consumer fireworks in violation of subsection (a) or (b) of this section shall be guilty of a class C misdemeanor.

Subsection(NEW) (a)(Effective ofOctober section1, 29-3572018) of(a) theThe generalDepartment statutesof isConsumer repealedProtection andshall theissue followingan isannual substitutedlicense into lieusell thereofconsumer (Effectivefireworks fromto passage):an applicant who:

(a)(1) ExceptIs astwenty-one providedyears inof subsectionage (a)or ofolder, section(2) 1holds ofa thisvalid actfederal andfireworks subsectionlicense (b)issued ofpursuant thisto section,18 noUSC person,Section firm843, or(3) corporationhas shallnot offerbeen forconvicted sale,of exposea forfelony, sale,(4) sellhas atnot retailbeen convicted of an offense or useviolation of a state, federal or explodemunicipal law or possessregulation involving the misuse of fireworks or explosives, (5) maintains public liability and product liability insurance with intenta minimum coverage amount of one million dollars, to sell,cover uselosses, damages or explodeinjuries anythat fireworks.might ensue to persons or property as a result of selling consumer fireworks, and (6) pays an initial annual license fee of five thousand dollars or an annual renewal fee of two thousand five hundred dollars.

(b) A separate license shall be required for each location at which an applicant intends to sell consumer fireworks.

An applicant granted a license to sell consumer fireworks pursuant to this section shall store and sell such fireworks only in a permanent facility in accordance with NFPA Section 1124, 2006 edition.

Sec.

3.

(NEW) (Effective October 1, 2018) (a) As used in this section:

(1) "Consumer fireworks" has the same meaning as defined in 27 CFR 555.11;

(2) "Consumer fireworks retailer" means the holder of a license to sell consumer fireworks issued pursuant to section 2 of this act;

and (3) "First sale of consumer fireworks" means the initial sale of consumer fireworks in this state.

(b) On and after October 1, 2018, each person or entity that sells consumer fireworks to a consumer fireworks retailer shall pay a tax to the state on the first sale of consumer fireworks, at the rate of five per cent of the average wholesale price, as determined by the Department of Revenue Services.

The Commissioner of Revenue Services shall prescribe the form and manner of the remittance of such tax and any return filing the commissioner deems necessary.

(c) For calendar months commencing on and after October 1, 2018, the commissioner shall deposit into the consumer fireworks account, established pursuant to section 4 of this act, the entire amount received by the state from the tax imposed under this section.

(d) Any tax due and unpaid under this section shall be subject to the penalties and interest established in section 12-547 of the general statutes and the amount of such tax, penalty or interest, due and unpaid, may be collected under the provisions of section 12-35 of the general statutes.

(e) The provisions of sections 12-548 and 12-550 to 12-555b, inclusive, of the general statutes shall apply to the provisions of this section in the same manner and with the same force and effect as if the language of said sections had been incorporated in full into this section and had expressly referred to the tax imposed under this section, except to the extent that any such provision is inconsistent with a provision of this section.

Sec.

4.

(NEW) (Effective October 1, 2018) On and after October 1, 2018, there is established an account to be known as the "consumer fireworks account" which shall be a separate, nonlapsing account within the General Fund.

The account shall contain any moneys required by law to be deposited in the account.

Moneys in the account shall be disbursed, in accordance with a distribution formula determined by the Commissioner of Revenue Services, to the firefighters cancer relief account established pursuant to section 7-313h of the general statutes and the state fire school training and education extension account established pursuant to section 7-323p of the general statutes.

Sec.

5.

Subsection (a) of section 29-357 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) Except as provided in sections 1 and 2 of this act and subsection (b) of this section, no person, firm or corporation shall offer for sale, expose for sale, sell at retail or use or explode or possess with intent to sell, use or explode any fireworks.

Sec.

6.

(NEW) (Effective October 1, 2018) The State Fire Marshal shall enforce the provisions of section 1 and subsection (b) of section 2 of this act and shall conduct an inspection of the premises where consumer fireworks are to be sold, stored and offered for sale prior to any person offering such consumer fireworks for sale to the public at retail.

Sec.

7.

(NEW) (Effective October 1, 2018) (a) A person who offers or exposes for sale, sells at retail or possesses consumer fireworks with intent to sell in violation of subsection (a) of section 1 of this act shall have committed an unfair or deceptive act or practice pursuant to subsection (a) of section 42-110b of the general statutes.