1.1.................... moves to amend H.F. No. 1744 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2010, section 624.20, subdivision 1, is amended to read:
1.4    Subdivision 1. Regulation. (a) As used in sections 624.20 to 624.25:, the term
1.5"fireworks" means any substance or combination of substances or article prepared
1.6for the purpose of producing a visible or an audible effect by combustion, explosion,
1.7deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in
1.8which explosives are used, the type of balloons which require fire underneath to propel
1.9them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers other
1.10than those specified in paragraph (c), or other fireworks of like construction, and any
1.11fireworks containing any explosive or inflammable compound, or any tablets or other
1.12device containing any explosive substance and commonly used as fireworks.
1.13(1) "APA 87-1" means the American Pyrotechnic Association Standard 87-1, the
1.14Standard for Construction and Approval for Transportation of Fireworks, Novelties and
1.15Theatrical Pyrotechnics, 2001 Edition.
1.16(2) "Consumer fireworks" means fireworks in a finished state, suitable for use by the
1.17public, listed in APA 87-1, sections 3.1.2, 3.1.3, and 3.5, and containing 75 grams or less
1.18of chemical mixture per tube for a total of 500 grams or less for multiple tubes in a device.
1.19(3) "Display fireworks" means firework devices in a finished state, exclusive of
1.20mere ornamentation, primarily intended for commercial displays which are designed to
1.21produce visible effects, audible effects, or both by combustion, deflagration, or detonation,
1.22including but not limited to salutes containing more than 130 milligrams of explosive
1.23composition, aerial shells containing more than 40 grams of chemical composition
1.24exclusive of light charge and other exhibition display items that exceed the limits
1.25contained in the APA 87-1 Standard for consumer fireworks and does not include any toy
1.26pistols, toy guns, paper caps, sparklers, or novelties.
2.1(4) "Fireworks" means any device intended to produce visible effects, audible
2.2effects, or both by combustion, deflagration, or detonation, and includes display fireworks.
2.3Fireworks does not include sparkling devices, novelties, theatrical pyrotechnic articles,
2.4or consumer fireworks.
2.5(5) "Novelties" means devices containing small amounts of pyrotechnic composition
2.6listed in APA 87-1, sections 3.2, 3.3, and 3.4, and includes sparklers, snakes and glow
2.7worms, smoke devices, or trick noisemakers which include paper streamers, party
2.8poppers, string poppers, snappers, drop pops, each consisting of not more than 25/100
2.9grains of explosive mixture, toy pistols, toy guns, in which paper caps containing 25/100
2.10grains or less of explosive compound are used and toy pistol caps which contain less
2.11than 20/100 grains of explosive mixture.
2.12(6) "Sparkling devices" means ground-based or handheld devices that produce a
2.13shower of sparks and are listed in APA 87-1, sections 3.1.1 and 3.5, and includes fountains,
2.14torches, wheels, ground spinners, flitter sparklers, toy smoke devices, and sparklers.
2.15    (b) The term "fireworks" shall not include toy pistols, toy guns, in which paper caps
2.16containing 25/100 grains or less of explosive compound are used and toy pistol caps
2.17which contain less than 20/100 grains of explosive mixture. The use of sparkling devices,
2.18novelties, or consumer fireworks is not permitted on public property.
2.19    (c) The term also does not include wire or wood sparklers of not more than 100
2.20grams of mixture per item, other sparkling items which are nonexplosive and nonaerial
2.21and contain 75 grams or less of chemical mixture per tube or a total of 500 grams or less
2.22for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which
2.23include paper streamers, party poppers, string poppers, snappers, and drop pops, each
2.24consisting of not more than twenty-five hundredths grains of explosive mixture. The use
2.25of items listed in this paragraph is not permitted on public property. This paragraph does
2.26not authorize the purchase of items listed in it by persons younger than 18 years of age.
2.27The age of a purchaser of items listed in this paragraph must be verified by photographic
2.28identification.
2.29    (d) (c) A local unit of government may impose an annual license fee for the retail
2.30sale of items authorized under paragraph (c) consumer fireworks. The annual license
2.31fee of each retail seller that is in the business of selling only the items authorized under
2.32paragraph (c) consumer fireworks may not exceed $350, and the annual license of each
2.33other retail seller selling consumer fireworks may not exceed $100. A local unit of
2.34government may not:
2.35    (1) impose any fee or charge, other than the fee authorized by this paragraph, on the
2.36wholesale or retail sale of items authorized under paragraph (c) consumer fireworks;
3.1    (2) impose any permit, license, fee, or charge on the retail or wholesale sale of
3.2sparkling devices or novelties;
3.3(3) prohibit or restrict the sale or display of items for authorized under paragraph
3.4(b) from any permanent or temporary retail sale authorized under paragraph (c) that
3.5comply structure that complies with National Fire Protection Association Standard 1124
3.6(2003 edition); or
3.7    (3) (4) impose on a retail seller any financial guarantee requirements, including
3.8bonding or insurance provisions, containing restrictions or conditions not imposed on the
3.9same basis on all other business licensees.; or
3.10(5) enact any ordinance, rule, or regulation that prohibits, limits, or restricts the
3.11wholesale or retail sale of sparkling devices and novelties.
3.12EFFECTIVE DATE.This section is effective July 1, 2012, and applies to crimes
3.13committed on or after that date.

3.14    Sec. 2. Minnesota Statutes 2010, section 624.22, subdivision 2, is amended to read:
3.15    Subd. 2. Operator certification requirements. (a) An applicant to be a supervising
3.16operator of a fireworks display of display fireworks shall meet the requirements of this
3.17subdivision before the applicant is certified by the state fire marshal.
3.18(b) An applicant must be at least 21 years old.
3.19(c) An applicant must have completed a written examination, administered or
3.20approved by the state fire marshal, and achieved a passing score of at least 70 percent.
3.21The state fire marshal must be satisfied that achieving a passing score on the examination
3.22satisfactorily demonstrates the applicant's knowledge of statutes, codes, and nationally
3.23recognized standards concerning safe practices for the discharge and display of fireworks.
3.24(d) An applicant shall apply in writing to the state fire marshal by completing and
3.25signing an application form provided by the state fire marshal.
3.26(e) An applicant shall submit evidence of experience, which must include active
3.27participation as an assistant or operator in the performance of at least five fireworks
3.28displays, at least one of which must have occurred in the current or preceding year.
3.29EFFECTIVE DATE.This section is effective July 1, 2012.

3.30    Sec. 3. Minnesota Statutes 2010, section 624.25, is amended to read:
3.31624.25 VIOLATION.
3.32Any person violating the provisions of sections 624.20 to 624.24 may be sentenced
3.33as follows:
4.1(1) if the violation involves explosive fireworks in an amount of 35 pounds gross
4.2container weight or more, to imprisonment for not more than one year, or to payment of
4.3a fine of not more than $3,000, or both;
4.4(2) if the violation involves explosive fireworks in an amount of less than 35 pounds
4.5gross container weight, to imprisonment for not more than 90 days, or to payment of a
4.6fine of not more than $1,000, or both; and
4.7(3) if the violation involves any amount of fireworks other than explosive fireworks,
4.8to imprisonment for not more than 90 days, or to payment of a fine of not more than
4.9$1,000, or both.;
4.10(4) if the violation involves consumer fireworks under section 624.20, paragraph (b),
4.11to payment of a maximum fine of $300; and
4.12(5) if the violation involves consumer fireworks under section 624.20, paragraph
4.13(b), and the person has a conviction for a violation under this clause or clause (4) within
4.14the past five years of the date of the violation, to imprisonment of not more than 90 days
4.15or to payment of a fine of not more than $1,000, or both.
4.16EFFECTIVE DATE.This section is effective July 1, 2012, and applies to crimes
4.17committed on or after that date."
4.18Delete the title and insert:
4.20relating to public safety; authorizing personal use of fireworks;amending
4.21Minnesota Statutes 2010, sections 624.20, subdivision 1; 624.22, subdivision 2;
4.22624.25."