05 LC 28
2185S
The
Senate Economic Development Committee offered the following substitute to SB
133:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating
to the regulation of fireworks, so as to change the definition of the term
"fireworks"; to prohibit the sale of certain combustible or explosive
compositions to persons under 18 years of age; to provide for certain
limitations on such sales; to provide for a monetary penalty for sales made in
violation of such prohibition; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
10 of Title 25 of the Official Code of Georgia Annotated, relating to the
regulation of fireworks, is amended by striking Code Section 25-10-1, relating
to definition of "fireworks," and inserting in lieu thereof a new Code Section
25-10-1 to read as follows:
"25-10-1.
As
used in this chapter, the term:
(1)
'Fireworks' means any combustible or explosive composition or any substance or
combination of substances or article prepared for the purpose of producing a
visible or audible effect by combustion, explosion, deflagration, or detonation,
including blank cartridges, balloons requiring fire underneath to propel them,
firecrackers, torpedos, skyrockets, Roman candles, bombs, sparklers, and other
combustibles and explosives of like construction, as well as articles containing
any explosive or flammable compound and tablets and other devices containing an
explosive substance. The term 'fireworks' shall not include model rockets and
model rocket engines, designed, sold, and used for the purpose of propelling
recoverable aero
models,;
wire or wood sparklers of not more than 100 grams of mixture per item; other
sparkling items which are nonexplosive and nonaerial and contain 75 grams or
less of chemical compound per tube or a total of 200 grams or less for multiple
tubes; snake and glow worms; trick noise makers which include paper streamers,
party poppers, string poppers, snappers, and drop pops each consisting of 0.25
grains or less of explosive mixture; toy
pistol paper caps in which the explosive content does not average more than 0.25
grains of explosive mixture per paper
cap;
nor toy pistols, toy cannons, toy canes, toy guns, or other devices using such
paper caps; nor shall the term 'fireworks' include ammunition consumed by
weapons used for sporting and hunting purposes.
(2)
'Proximate audience' means an audience closer to pyrotechnic devices than
permitted by the National Fire Protection Association Standard 1123,
Code for Fireworks
Display, as adopted by the Safety Fire
Commissioner.
(3)
'Pyrotechnics' means
fireworks."
SECTION
2.
Said
chapter is further amended by striking Code Section 25-10-2, relating to
prohibited acts with respect to fireworks, and inserting in lieu thereof a new
Code Section 25-10-2 to read as follows:
"25-10-2.
(a)
It shall be unlawful for any person, firm, corporation, association, or
partnership to offer for sale at retail or wholesale, to use or explode or cause
to be exploded, or to possess, manufacture, transport, or store any fireworks,
except as otherwise provided in this chapter.
(b)(1)
Notwithstanding any provision of this chapter to the contrary, it shall be
unlawful for any person, firm, corporation, association, or partnership to sell
to any person under 18 years of age any wire or wood sparklers of not more than
100 grams of mixture per item, other sparkling items which are nonexplosive and
nonaerial and contain 75 grams or less of chemical compound per tube or a total
of 200 grams or less for multiple tubes, snake and glow worms, or trick noise
makers which include paper streamers, party poppers, string poppers, snappers,
and drop pops each consisting of 0.25 grains or less of explosive
mixture.
(2)
It shall be unlawful to sell any wire or wood sparklers of not more than 100
grams of mixture per item, other sparkling items which are nonexplosive and
nonaerial and contain 75 grams or less of chemical compound per tube or a total
of 200 grams or less for multiple tubes, snake and glow worms, or trick noise
makers which include paper streamers, party poppers, string poppers, snappers,
and drop pops each consisting of 0.25 grains or less of explosive mixture to any
person by any means other than an in-person, face-to-face sale. Such person
shall provide identification containing a photograph of such person to the
seller at the time of such purchase.
(3)
It shall be unlawful to use any wire or wood sparklers of not more than 100
grams of mixture per item, other sparkling items which are nonexplosive and
nonaerial and contain 75 grams or less of chemical compound per tube or a total
of 200 grams or less for multiple tubes, snake and glow worms, or trick noise
makers which include paper streamers, party poppers, string poppers, snappers,
and drop pops each consisting of 0.25 grains or less of explosive mixture
indoors."
SECTION
3.
Said
chapter is further amended by adding a new Code Section 25-10-9 to read as
follows:
"25-10-9.
Notwithstanding
any provision of this chapter to the contrary, any person, firm, corporation,
association, or partnership who or which knowingly violates subsection (b) of
Code Section 25-10-2 may be punished by a fine not to exceed $100.00. Each
sales transaction in violation of subsection (b) of Code Section 25-10-2 shall
be a separate
offense."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.