PRIOR PRINTER'S NOS. 1358, 1833
PRINTER'S NO. 1856
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
932
Session of
2019
INTRODUCED BY BOSCOLA, BREWSTER, YUDICHAK, BROWNE, BAKER,
MARTIN, MASTRIANO, PHILLIPS-HILL, PITTMAN AND J. WARD,
OCTOBER 31, 2019
AS AMENDED ON THIRD CONSIDERATION, JULY 15, 2020
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, providing for fireworks; and, in
volunteer firefighters, further providing for definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 59
FIREWORKS
Sec.
5901. Definitions.
5902. Prohibition option.
5903. Penalties on users of fireworks.
5904. ADDITIONAL RESTRICTION ON CONSUMER FIREWORKS.
§ 5901. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Consumer fireworks." As defined in section 2401 of the act
of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
1971.
"Municipality." As defined in section 2401 of the Tax Reform
Code of 1971.
§ 5902. Prohibition option.
(a) Prohibition.--Notwithstanding Article XXIV of the act of
March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
1971, a city or township enumerated under this subsection shall
have the option to prohibit the use of consumer fireworks within
the city or township by delivering an ordinance or resolution of
the city's or township's governing body to the Department of
Agriculture no sooner than 60 days after the effective date of
this section. Consumer fireworks may not be used in a city or
township that has exercised the option to prohibit use of
consumer fireworks under this section. For purposes of this
subsection a city or township shall include the following:
(1) A city of the first class, second class, second
class A and third class which has a population, based on the
most recent Federal decennial census, of at least 58,000; or
(2) A second class township which has a population,
based on the 2010 Federal decennial census, of at least
60,000 and no more than 70,000 located in a county of the
second class A.
(b) Rescission of prohibition.--A city or township that
prohibits the use of consumer fireworks within the city or
township under subsection (a) may rescind the prohibition by
delivering a new resolution of the city's or township's
governing body to the Department of Agriculture.
§ 5903. Penalties on users of fireworks.
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(a) Violation.--A person using consumer fireworks in
violation of the provisions of this chapter commits a summary
offense and, upon conviction, shall be punished by a fine of
$500.
(b) Second or subsequent offense.--A person using consumer
fireworks in violation of the provisions of this chapter for a
second or subsequent offense shall be punished by a fine of
$1,000.
(c) Additional penalty.--In addition to the penalty under
subsection (b), each firework in possession of a person using
fireworks in violation of the provisions of this chapter for a
second or subsequent offense shall be confiscated and disposed
of by law enforcement.
(d) Money collected from fines.--Notwithstanding any other
provision of law to the contrary, money collected from fines
under this section shall be retained by the municipality where
the violation occurred to be used by law enforcement to increase
enforcement actions related to violations under this section.
§ 5904. ADDITIONAL RESTRICTION ON CONSUMER FIREWORKS.
NOTWITHSTANDING ANY PROVISION OF LAW AND IN ADDITION TO THE
PROHIBITIONS UNDER SECTION 2404(B) OF THE ACT OF MARCH 4, 1971
(P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, A PERSON
MAY NOT INTENTIONALLY IGNITE OR DISCHARGE CONSUMER FIREWORKS
WITHIN 150 FEET OF A RAILROAD TRAIN OR MOTOR CARRIER VEHICLE
HAULING COMBUSTIBLE LIQUID OR FLAMMABLE LIQUID AS THOSE TERMS
ARE DEFINED IN THE ACT OF FEBRUARY 11, 1998 (P.L.58, NO.15),
KNOWN AS THE COMBUSTIBLE AND FLAMMABLE LIQUIDS ACT .
Section 2. The definition of "volunteer firefighters' relief
association" in section 7412 of Title 35 is amended to read:
§ 7412. Definitions.
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The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Volunteer firefighters' relief association." An
organization formed primarily to afford financial protection to
volunteer firefighters against the consequences of misfortune
suffered as a result of their participation in the fire service.
The organization may contain within its membership the members
of one or more [fire companies] volunteer fire companies or fire
companies that are a combination of a volunteer fire company and
a paid fire company, and may serve secondary purposes, as set
forth in this subchapter, but only if adequate provisions have
been first made to serve the primary purpose.
Section 3. This act shall take effect as follows:
(1) The amendment of the definition of "volunteer
firefighters' relief association" in 35 Pa.C.S. § 7412 shall
take effect in 60 days.
(2) The remainder of this act shall take effect
immediately.
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