1.1.................... moves to amend H.F. No. 1774 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. [624.222] FIREWORKS; SALES; LIMITED PERSONAL USE;
1.4AUTHORIZATION.
1.5    Subdivision 1. Limited personal use of fireworks; sales. (a) Notwithstanding
1.6sections 624.20 to 624.221 and 624.23 to 624.25, 1.4G consumer fireworks may be used or
1.7ignited for personal use only. Personal use of fireworks is not permitted on public property.
1.8(b) A seller at retail may offer for sale, advertise, or sell at retail 1.4G fireworks,
1.9as defined in Code of Federal Regulations, titles 16 and 49, for personal use. All 1.4G
1.10fireworks held for sale under this section must carry the required federal warning label. A
1.11retailer selling 1.4G fireworks under this section must post in a conspicuous location the
1.12following warning in block letters not less than one inch in height: "FIREWORKS MAY
1.13BE PURCHASED FOR PERSONAL USE ONLY UNDER MINNESOTA STATUTES,
1.14SECTION 624.222." A seller at retail of 1.4G fireworks shall require each purchaser
1.15of 1.4G fireworks for limited personal use to complete an application stating that the
1.16purchaser:
1.17(1) is 18 years of age or older verified by photographic identification;
1.18(2) has received a copy of fireworks use safety information; and
1.19(3) agrees to use the 1.4G fireworks only in Minnesota or another state where use is
1.20permitted.
1.21    Subd. 2. Licensing of sales facilities. 1.4G fireworks shall be sold only from
1.22facilities that are licensed by the state fire marshal and that meet the following criteria:
1.23(1) the facility shall be limited in size to 10,000 square feet of selling area to which
1.24the public may be admitted;
1.25(2) aisles in the facility shall be a minimum of five feet wide, and kept free and
1.26unobstructed at all times;
2.1(3) there shall be one exit door for every 50 people permitted by maximum
2.2occupancy requirements on the selling floor to which the public may be admitted, with
2.3a minimum of three emergency exit doors in the facility;
2.4(4) exit doors shall be metal and equipped with push-panic locks;
2.5(5) exit doors shall be clearly marked with lighted exit signs with battery backups;
2.6(6) the facility shall be a stand-alone building;
2.7(7) the facility shall be equipped with an adequate number of smoke detectors in
2.8both the retail and storage areas, and the smoke detectors shall be inspected and tested
2.9annually and prior to the opening of the facility;
2.10(8) storage areas shall be separated from areas to which the public may be admitted
2.11by appropriately rated fire separation walls;
2.12(9) the facility shall be located no closer than 50 feet from any facility selling or
2.13dispensing gasoline, propane, or other flammable products;
2.14(10) portable fire extinguishing equipment shall be located in the premises at
2.15all times, with one fire extinguisher located every 75 feet of travel space. The fire
2.16extinguishers shall be inspected and certified annually and prior to the opening of the
2.17facility; and
2.18(11) a 1.4G fireworks sales facility may not be located within 250 feet of another
2.191.4G fireworks sales facility, with priority being given on a first-come basis.
2.20    Subd. 3. License applications; fees. Applications for licenses to sell 1.4G fireworks
2.21shall be submitted to the state fire marshal by January 15 of each year on forms prescribed
2.22and provided by the state fire marshal. Licenses shall be issued no later than March 1
2.23of each year. The license application shall be accompanied by an annual license fee of
2.24$5,000. The fire marshal shall deposit the fee in the general fund. There shall be an
2.25annual inspection of the facility to ensure that all laws are followed. No license may be
2.26issued to any convicted felons or to entities where a convicted felon owns five percent or
2.27more of the equity.
2.28    Subd. 4. Operational requirements. The 1.4G fireworks sales facility shall be
2.29exclusively dedicated to the sale of 1.4G fireworks and related items, and the facility
2.30shall operate as follows:
2.31(1) smoking may not be permitted in the facility;
2.32(2) cigarettes or tobacco products, matches, lighters, or any other flame-producing
2.33devices may not be permitted in the facility;
2.34(3) minors may be not permitted in the facility unless accompanied by an adult, and
2.35the minors must stay with the adult in the facility;
3.1(4) all 1.4G fireworks sold in the facility must comply with the United States
3.2Consumer Product Safety Commission standards;
3.3(5) all facilities must carry at least $2,000,000 in personal and product liability
3.4insurance;
3.5(6) all licensees shall annually review OSHA standards and guidelines regarding
3.6retail sale of fireworks;
3.7(7) 1.3G, commercial, Class B fireworks shall not be stored or located at the facility;
3.8(8) a person under the influence of intoxicating liquor or drugs may not be admitted
3.9to the facility, and liquor, beer, or wine may not be permitted in the facility;
3.10(9) fireworks may not be ignited within 300 feet of a licensed 1.4G fireworks
3.11sales facility;
3.12(10) tents, temporary structures, and big box stores, such as discount stores or
3.13grocery stores, may only sell consumer fireworks defined as "ground and handheld
3.14sparkling devices" as defined in Code of Federal Regulations, titles 16 and 49;
3.15(11) emergency evacuation plans shall be conspicuously posted in appropriate
3.16locations within the facility;
3.17(12) information on safe use of fireworks shall be distributed to all purchasers; and
3.18(13) all 1.4G fireworks sales facilities shall be in full compliance with the
3.19requirements set out in the current edition of the National Fire Protection Association
3.20Standard 1124: Code for the Manufacture, Transportation, Storage and Retail Sales of
3.21Fireworks and Pyrotechnic Articles as the requirements are not inconsistent with this
3.22section.
3.23    Subd. 5. Fireworks safety guidelines. The state fire marshal shall disseminate
3.24information on 1.4G fireworks safety designed to ensure that personal use and ignition of
3.251.4G fireworks each year follows best fireworks safety practices.
3.26    Subd. 6. Violations; penalties. (a) A person is guilty of a misdemeanor if the
3.27person ignites, discharges, or uses consumer fireworks at a site other than:
3.28(1) the property of the person; or
3.29(2) the property of another who has given permission to use the consumer fireworks.
3.30(b) A person is guilty of a gross misdemeanor if the person commits an offense
3.31under paragraph (a) no later than five years after the date of the commission of a prior
3.32offense under paragraph (a).
3.33(c) A person commits a gross misdemeanor if the person recklessly, knowingly, or
3.34intentionally uses consumer fireworks that result in serious bodily injury to a person.
3.35(d) A person commits a felony if the person recklessly, knowingly, or intentionally
3.36uses consumer fireworks that result in the death of a person.
4.1(e) A person commits a felony if the person sells 1.4G fireworks without obtaining a
4.2fireworks license under this section or inconsistent with this section.
4.3EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
4.4committed on or after that date."
4.5Delete the title and insert:
4.7relating to public safety; authorizing limited personal use of fireworks; requiring
4.8notice of safety guidelines; providing for criminal penalties;proposing coding
4.9for new law in Minnesota Statutes, chapter 624."