Bill Text: PA SB915 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for a public safety fee.

Spectrum: Slight Partisan Bill (Republican 7-3)

Status: (Introduced - Dead) 2011-03-30 - Referred to CONSUMER PROTECTION AND PROFESSIONAL LICENSURE [SB915 Detail]

Download: Pennsylvania-2011-SB915-Introduced.html

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PRINTER'S NO. 948
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 915 Session of2011
INTRODUCED BY WAUGH, BAKER, FONTANA, ALLOWAY, YAW, BROWNE, ERICKSON, COSTA, STACK AND PILEGGI, MARCH 30, 2011
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, MARCH 30, 2011
AN ACT
Amending the act of May 15, 1939 (P.L.134, No.65), entitled, as
amended, "An act relating to fireworks; defining fireworks;
prohibiting the sale, offering or exposing for sale and use
of fireworks, except in certain cases; authorizing cities,
boroughs, towns and townships to issue permits for fireworks
displays, and to regulate the same; imposing duties on the
Pennsylvania State Police, sheriffs, police officers and
constables; and providing penalties," providing for a public
safety fee.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4.5 of the act of May 15, 1939 (P.L.134,
No.65), referred to as the Fireworks Law, added November 30,
2004 (P.L.1598, No.204), is amended to read:
Section 4.5. (a) A facility licensed by the Department of
Agriculture shall be exclusively dedicated to the storage and
sale of consumer fireworks and related items, and the facility
shall operate in accordance with the following rules:
(1) There shall be security personnel on the premises for
the seven (7) days preceding and including July 4 and for the
three (3) days preceding and including January 2.
(2) No smoking shall be permitted in the facility.
(3) No cigarettes or tobacco products, matches, lighters, or
any other flame-producing devices shall be permitted to be taken
into the facility.
(4) No minors shall be permitted in the facility unless
accompanied by an adult, and each minor shall stay with the
adult in the facility.
(5) All facilities shall carry at least two million dollars
($2,000,000) in public and product liability insurance.
(6) A licensee shall provide its employes with documented
training in the area of operational safety of a facility. The
licensee shall provide to the Department of Agriculture written
documentation that each employe has received such training.
(7) No display fireworks shall be stored or located at a
facility.
(8) No person who appears to be under the influence of
intoxicating liquor or drugs shall be admitted to the facility,
and no liquor, beer, or wine shall be permitted in the facility.
(9) No consumer fireworks or display fireworks shall be
ignited within three hundred (300) feet of a facility.
(10) Emergency evacuation plans shall be conspicuously
posted in appropriate locations within the facility.
(b) Upon each separate sale at retail of consumer fireworks
a fee equivalent to twenty-five percent (25%) of the purchase
price of the consumer fireworks shall be charged and collected
by a licensee.
(c) Moneys collected as a result of the fee imposed under
this section shall be distributed as follows:
(1) Seventy-five percent (75%) to the Volunteer Fire and
Emergency Services Retention Program Fund to be used to support
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volunteer fire and emergency services retention programs as set
forth by law.
(2) Fifteen percent to the county fire technical school
where the licensee is located.
(3) Ten percent in equal shares to the local fire
departments in the area where the licensee is located.
Section 2. This act shall take effect in 60 days.
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