Changes to Existing Law

Terms used in this chapter mean: (1)"Consumer fireworks," fireworks designed primarily to produce visible effects by6 combustion, that must comply with the construction, chemical composition, and7 labeling regulations promulgated by the U.S. Consumer Product Safety Commission8 (C.F.R. Title 16--Commercial Practices, Part 1507), effective January 1, 1998 2019, and that are enumerated in classified as 1.4G, UN0336 pursuant to the American10 Pyrotechnics Association Inc., Standard 87-1, April, 1993 2001 edition; (2)"Display fireworks," any fireworks that are normally used at a public event and classified as 1.3G, UN0335 pursuant to the American Pyrotechnics Association Inc., Standard 87-1, 2001 edition. These fireworks are those regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and not intended for consumer use; 100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -SB (3)"Public event," the use of any fireworks for commerce. The term includes the use of any fireworks that takes place on public property or str sponsored by a public entity; (4)"Retailer," includes every or "licensee," any person engaged in the business of3 making sales of fireworks at retail and licensed pursuant to this chapter; (3)(5)"Retail sale," the sale of fireworks to any person not licensed to sell fireworks or for5 any purpose other than for resale; (4)(6)"Sale," any transfer, exchange, or barter, conditional or otherwise, in any manner or7 by any means whatsoever, for a consideration; (5)(7)"Wholesaler," any person engaged in the business of making sales of fireworks to9 retailers for resale to consumers and licensed pursuant to this chapter.

No person, firm, or corporation may offer fireworks for sale to individuals at retail2 except during the period beginning from June twenty-seventh and extending through to July3 fifth, inclusive, and during the period beginning from December twenty-eighth and extending through to January first, inclusive. Any person obtaining the special sixty-six day or the special fifty-seven day retail licenses early season or late season license may sell fireworks to out-of- state residents for the periods of time designated in § 34-37-2.2. Retail sales to residents and7 nonresidents during the from December twenty-eighth through to January first period, inclusive, may only be made by holders a holder of a special fifty-seven day retail late season license9 established pursuant to § 34-37-2.2 and or by holders a holder of a retailer's license as provided10 in § 34-37-2. Retail sales of fireworks are not permitted after between twelve a.m. or prior to and seven a.m. from the twenty-seventh day of June through the fifth day of July and from the twenty-eighth day of December through the first day of January.

No retailer shall may sell fireworks from any motor vehicle.

Signs must be prominently posted on all displays of fireworks offered for sale at retail, which shall read At any location where consumer fireworks are being offered for sale the licensee shall prominently post a sign in red letters not less than three inches in height that reads, "NO SMOKING WITHIN TWENTY-FIVE FIFTY FEET." Any person smoking within fifty feet of the premises is guilty of a Class 2 misdemeanor."

In all buildings or structures wherein At any location where consumer fireworks23 are being offered for sale the licensee shall have a sign prominently posted prominently post a24 - 6 -SB sign stating that no fireworks can may be ignited or discharged used within one hundred fifty three hundred feet of the licensee's premises. Any person igniting or using fireworks within three hundred feet of the premises is guilty of a Class 2 misdemeanor.

No person may sell or cause to be sold, discharge use, or cause to be discharged used, any pyrotechnics of any description or any consumer fireworks within the exterior6 boundaries of the Black Hills Forest Fire Protection District, and no. No person may discharge use or cause to be discharged used any pyrotechnics or consumer fireworks within a zone that8 extends three hundred feet beyond the exterior boundaries of the Black Hills Forest Fire9 Protection District in this state. No person may sell or cause to be sold, discharge use, or cause10 to be discharged used, any pyrotechnics of any description or any consumer fireworks within11 any national forest, national park, state forest, or any land owned or leased by the Department12 of Game, Fish and Parks. However, the Department of Game, Fish and Parks may, by written13 authorization, permit the discharge use of pyrotechnics or consumer fireworks, pyrotechnic14 displays, sales, or exhibits on land owned or leased by the department unless otherwise15 prohibited by statute. Any violation of this section which occurs on any land owned or leased16 by the Department of Game, Fish and Parks is a Class 2 misdemeanor. Any subsequent violation17 of this Section is a Class 1 misdemeanor.

Nothing in this chapter shall prohibit licensed wholesalers or manufacturers prohibits a licensed wholesaler or manufacturer from storing, selling, shipping, or otherwise21 transporting, permissible fireworks to any person or entity outside of the State of South Dakota state if the sale and transportation are is consistent with 18 U.S.C. § 836, effective on January23 1, 1983 2019. The delivery of such fireworks shall may only be made by a properly certified24 - 7 -SB motor carrier as specified in chapter 49-28 or in a vehicle owned or leased by a licensed1 fireworks wholesalers or manufacturers wholesaler or manufacturer or fireworks permit holders in vehicles owned or leased by them holder.

Written evidence of the delivery of permissible fireworks to any person or entity outside of the State of South Dakota state shall be retained by the wholesaler. Acceptable6 evidence includes the fireworks license or permit number and address, a bill of lading, or7 delivery receipt for delivery by a properly certified motor carrier if the purchaser is unlicensed.

Nothing in this chapter prohibits the use of public display of display fireworks at a public or private event. However, any person, association, organization, municipality, county, firm, partnership, or corporation, before making such public display of using display fireworks12 at a public or private event shall secure a written permit from the governing board of the13 municipality, township, or county where the public display is to be fired, and shall have purchased fireworks for the display from a licensed wholesaler under this chapter. Any public display display fireworks are to be used. The display fireworks shall have been purchased from a licensed wholesaler. Any use of display fireworks at a public or private event shall comply17 with the National Fire Protection Association Standard 1123, 1995 2018 edition.

If a person is found guilty of violating any of the provisions provision of this7 chapter a subsequent time, such the violation may constitute cause for revocation or suspension8 of the license held by that person and for refusal to renew license upon expiration thereof.

No person shall may possess any fireworks, other than those the fireworks enumerated in § 34-37-5. If any person shall have in his possession possesses any fireworks in12 violation of said section § 34-37-5, a warrant may be issued for the seizure of such the fireworks, and such. The seized fireworks shall be safely kept to be used as evidence. Upon14 conviction of the offender, the fireworks shall be destroyed, but if. If the offender is discharged not convicted, the fireworks shall be returned to the person in whose possession they were found, provided, however, that. However, nothing in this chapter shall apply applies to the17 transportation of fireworks by regulated carriers.

Except as otherwise provided in this chapter, it is unlawful for a no person to discharge may use consumer fireworks in this state except during the period beginning from June twenty-seventh and extending through the end of to the first Sunday after July fourth, inclusive, and during the period beginning from December twenty-eighth and extending through to January first, inclusive. A violation of this section is a Class 2 misdemeanor.24 - 9 -SB

The provisions of § §§ 34-37-2 and 34-37-16.1 do not apply to snakes and smoke: (1)Smoke effects if they do the smoke effect does not fly, travel, or explode, or to single-shot; (2)Single-shot parachute pieces without a flare; or (3)Any fireworks classified as a novelty pursuant to section 3.2 of the American Pyrotechnics Association Inc., Standard 87-1, 2001 edition.

The Department of Public Safety, together with all any law enforcement officers officer of the state and its political subdivisions, shall be is charged with the enforcement of the11 provisions of this chapter.12

No person may sell, hold for sale, or offer for sale, as wholesaler or retailer any12 fireworks in this state unless such the person has first obtained a license is licensed as a13 wholesaler or retailer. Application for a license as wholesaler or retailer shall be made to the14 Department of Public Safety on forms to be prescribed by it the department. Each application15 shall be accompanied by the required fee, which shall be. The fee is five hundred dollars for a16 wholesaler's license, and twenty-five dollars for a retailer's license. A separate twenty-five dollar17 retailer's license is required for each sales period, as specified in § 34-37-10, during which a18 retailer may sell fireworks. Each application for a twenty-five dollar retailer's license in any year19 must shall be received by the department no later than fifteen days before the beginning of the20 sales period. Any application for a twenty-five dollar retailer's license received after that date21 shall be denied by the department and returned to the applicant together with any application22 fee submitted. The twenty-five dollar retailer's license expires sixty days after the end of the23 sales period and is renewable annually until the application deadline for the corresponding sales24 - 3 -SB period. The license shall at all times be displayed at the place of business of the holder of the1 license. The funds received under the provisions of this section chapter shall be deposited in the2 general fund.

No person under the age of eighteen years shall may be licensed under this5 chapter and no licensee shall. No licensee may employ or permit any individual person under6 the age of eighteen to sell, dispense, or offer for sale, within the State of South Dakota any7 permissible fireworks enumerated in this chapter.

In addition to licenses any license available in § 34-37-2, two special retail10 licenses may be obtained for sales of fireworks to out-of-state residents. The first is a sixty-six day as follows: (1)Early season license that operates from the first day of May through the fifth day of July May first to June twenty-sixth, inclusive, with a required fee of one thousand14 dollars. The second option is a fifty-seven day; or (2)Late season license that operates from the sixth day of July through the thirty-first day of August July sixth to August thirty-first, inclusive, with a required fee of one17 thousand dollars. The fifty-seven day special retail late season license also allows the retail sale of the retailer to sell fireworks to residents and nonresidents during the period beginning from December twenty-eighth and extending through to January20 first, inclusive, as provided in § 34-37-10. A Any special retail licensee located west of the Missouri River shall provide the purchaser a copy of the South Dakota law which that prohibits the discharge use of fireworks and a map23 of the Black Hills Forest Fire Protection District shall be provided with every with each sale of24 - 4 -SB fireworks under a license granted pursuant to this section, except for sales occurring from the twenty-seventh day of June through the fifth day of July any sale of fireworks that occurs from June twenty-seventh to July fifth, inclusive.

Except as provided in § 34-37-12, no person shall may possess, sell, offer for sale, bring into this state, or discharge use any pyrotechnics commonly known as fireworks, other6 than permissible consumer fireworks.

Permissible Consumer fireworks are consumer any fireworks as enumerated in9 Chapter chapter 3 of the American Pyrotechnics Association Inc., Standard 87-1, 1993 2001 edition and that comply with labeling regulations promulgated by the U.S. Consumer Product11 Safety Commission (C.F.R. Title 16--Commercial Practices Part 1507), effective January 1, 1998 2019.

Before any additional permissible fireworks not enumerated in § 34-37-5 may be15 sold, held for sale, or offered for sale in this state, they the fireworks shall be submitted to the16 Department of Public Safety for examination to determine their compliance. If the department determines that the fireworks comply with C.F.R. Title 16, Commercial Practices, Part 1507, effective January 1, 1998 2019, and the American Pyrotechnics Association Inc., Standard 87-1, 1993 2001 edition, the fireworks may be sold, held for sale, or offered for sale.

No person who is not licensed as a wholesaler or retailer shall may bring any22 fireworks into this state for resale. No retailer shall may sell any fireworks which that have not23 been purchased from a wholesaler licensed under the provisions of this chapter.24 - 5 -SB