Bill 2487

                    Current Status

Bill Number:               2487
Ratification Number:       413
Act Number:                381
Introducing Body:          House
Subject:                   Relating to the sales to and purchases
                           from nonlicensed jobbers or retailers of
                           fireworks

(A381, R413, H2487)

AN ACT TO AMEND SECTION 23-35-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES TO AND PURCHASES FROM NONLICENSED JOBBERS OR RETAILERS OF FIREWORKS, SO AS TO AUTHORIZE LICENSED JOBBERS TO PURCHASE FIREWORKS FROM A MANUFACTURER OR WHOLESALER LICENSED TO DO BUSINESS IN THIS STATE; TO AMEND SECTION 23-35-130, RELATING TO THE MANUFACTURE, STORAGE, TRANSPORTATION, OR POSSESSION OF FIREWORKS, SO AS TO MAKE IT UNLAWFUL TO MANUFACTURE, STORE, TRANSPORT, OR POSSESS FIREWORKS CONTAINING PYROTECHNIC COMPOSITION IN EXCESS OF TWO GRAINS DESIGNED TO PRODUCE A LOUD AND PIERCING EFFECT, TO MAKE IT UNLAWFUL TO SHIP INTO OR THROUGH THIS STATE OR POSSESS, SELL, OR USE ANY ARTICLE OF FIREWORKS THAT IS FORBIDDEN FOR TRANSPORTATION BY THE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, AND TO INCREASE THE PENALTY FOR VIOLATIONS OF THIS SECTION; AND TO AMEND SECTION 23-35-150, RELATING TO THE PENALTIES FOR VIOLATING THE PROVISIONS OF CHAPTER 35 OF TITLE 23, SO AS TO DECREASE THE PENALTY FOR A FIRST OFFENSE, TO MAKE IT A PENALTY FOR ANYONE VIOLATING THE REGULATIONS PROMULGATED BY THE STATE BOARD OF PYROTECHNIC SAFETY, AND TO PROVIDE THAT A WHOLESALER, JOBBER, OR RETAILER, UPON THIRD INSTEAD OF SECOND CONVICTION FOR VIOLATING THE PROVISIONS OF THIS SECTION, MUST HAVE HIS LICENSE PERMANENTLY REVOKED.

Be it enacted by the General Assembly of the State of South Carolina:

Records must be open

SECTION 1. Section 23-35-80 of the 1976 Code is amended to read:

"Section 23-35-80. No wholesaler is allowed to sell fireworks to any nonlicensed jobber or retailer, and the records of all retailers, licensed jobbers, and wholesalers must be open for inspection by authorized officials to check sales or purchases. Retailers may purchase fireworks only from a manufacturer, jobber, or wholesaler licensed to do business in this State. Licensed jobbers may purchase fireworks only from a manufacturer or wholesaler licensed to do business in this State."

Certain fireworks illegal

SECTION 2. Section 23-35-130 of the 1976 Code is amended to read:

"Section 23-35-130. It is unlawful to manufacture, store, transport, or possess fireworks containing pyrotechnic composition in excess of two grains, designed to produce a loud and piercing effect, including, but not limited to, fireworks commonly called 'ground salutes' or 'cherry bombs', M-80's, T-N-T salutes, and 'bulldog salutes'. A manufacturer shall obtain a permit to store or assemble materials for public fireworks displays. No manufacturer may store public display material in the same building where legal fireworks are offered for sale to retailers.

The provisions of this chapter may not be construed as prohibiting continuous interstate commerce through this State into another state of any item of fireworks permitted for shipment by the regulations of the Interstate Commerce Commission or the United States Department of Transportation, or their successors. It is unlawful to ship into or through this State or possess, sell, or use, under any circumstances, any article of fireworks that is forbidden for transportation by regulations of the Interstate Commerce Commission or the United States Department of Transportation, or their successors. Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than four years, or both."

Penalty

SECTION 3. Section 23-35-150 of the 1976 Code is amended to read:

"Section 23-35-150. Any person violating any provisions of this chapter or regulations promulgated by the State Fire Marshal or the State Board of Pyrotechnic Safety, unless otherwise specifically provided in this chapter, is guilty of a misdemeanor and, upon conviction, must be punished:

(1) For a first offense, by a fine of not more than two hundred dollars or imprisonment for not more than thirty days;

(2) For a second offense, by a fine of not less than five hundred dollars nor more than twenty-five hundred dollars or imprisonment for not less than sixty days, or both;

(3) For a third offense, by a fine of not less than one thousand dollars or imprisonment of not less than ninety days nor more than one year, or both.

In addition to the above penalties, the license of any wholesaler, jobber, or retailer must be permanently revoked upon conviction for a third offense."

Time effective

SECTION 4. This act shall take effect upon approval by the Governor.