CHAPTER 160
HB 291 – FINAL VERSION
15Mar2011… 0675h
25May2011… 1986EBA
2011 SESSION
05/03
HOUSE BILL 291
AN ACT relative to permissible fireworks.
SPONSORS: Rep. L. Christiansen, Hills 27; Rep. Jennifer Coffey, Merr 6; Rep. G. Hopper, Hills 7
COMMITTEE: Commerce and Consumer Affairs
This bill defines permissible fireworks as consumer fireworks, with certain limited exceptions. The bill also revises the membership and duties of the permissible fireworks review committee.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15Mar2011… 0675h
25May2011… 1986EBA
11-0627
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to permissible fireworks.
Be it Enacted by the Senate and House of Representatives in General Court convened:
160:1 References Updated. Amend the following RSA provisions by replacing 27 C.F.R. section 55.11 with 27 C.F.R. section 555.11: RSA 158:9-c, III-a; 158:9-f, III; 160-B:1, I, IX, and X; 160-C:1, II, III, and IV.
160:2 Definition of Permissible Fireworks. RSA 160-C:1, V is repealed and reenacted to read as follows:
V. “Permissible fireworks” means consumer fireworks, except for those items that are prohibited pursuant to RSA 160-B:16, 160-B:16-b, and 160-B:16-c.
160:3 Distribution of Pamphlet. Amend RSA 160-C:12 to read as follows:
160-C:12 Distribution of Pamphlet Required. Any person engaged in selling permissible fireworks shall [provide] make available to the purchaser a pamphlet, approved by the commissioner, detailing the appropriate and safe use of the permissible fireworks being sold.
160:4 Permissible Fireworks Advisory Committee. RSA 160-C:13 is repealed and reenacted to read as follows:
160-C:13 Permissible Fireworks Advisory Committee.
I. There is hereby established a permissible fireworks advisory committee. The composition of this committee shall be as follows: one senator, appointed by the senate president; one representative, appointed by the speaker of the house of representatives; the state fire marshal, or designee; the director of the division of state police, or designee; and 3 public members, 2 of whom shall be engaged in the retail sale of consumer fireworks in New Hampshire and one of whom shall be a regular purchaser of consumer fireworks, appointed by the governor. No vote of the committee shall take place unless 3 members of the committee are present. The term of office of each member appointed by the governor shall be 2 years and until a successor is appointed and qualified. The other members of the committee shall serve terms coterminous with their terms in office. Vacancies shall be filled in the same manner for the unexpired terms. Members shall serve without compensation, except that the legislative members shall receive mileage at the legislative rate. The committee shall elect a chairperson annually.
II. The committee shall meet at least once per calendar year, prior to October 1, and within 30 days of any emergency removal from retail sale of permissible fireworks pursuant to RSA 160-C:16. The purpose of the meeting following the emergency removal of permissible fireworks shall be to review the basis for the commissioner’s decision and to make a recommendation to the commissioner as to whether the items are properly classified pursuant to 27 C.F.R. section 555.11.
III. The committee shall review the rules and standards of the Consumer Product Safety Commission regarding consumer fireworks so as to provide information and advice to the commissioner on the application and enforcement of the state’s fireworks laws.
IV. On or before December 1, 2011, and each December 1 thereafter the committee shall make a report of the committee’s activities and any recommendations for legislation to the commissioner, the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, and the state library.
160:5 Emergency Removal from Retail Sale. RSA 160-C:16, I is repealed and reenacted to read as follows:
I.(a) The commissioner may, upon the recommendation of the state fire marshal or the director of state police, at any time and with notice to the permissible fireworks advisory committee, suspend from retail sale or otherwise order the removal from retail sale of any permissible firework item that poses an imminent threat to life and property.
(b) The commissioner shall, within 15 days of action taken pursuant to this paragraph, file a report and request a finding from the federal Consumer Product Safety Commission, a determination on the legal status of the permissible consumer firework item being suspended or removed by the commissioner from retail sale.
(c) The commissioner's suspension or removal of any such firework items shall continue in force and effect until such time as a determination can be made and shall not supersede any finding by the Consumer Product Safety Commission pursuant to the commissioner's report and request.
160:6 Repeal. The following are repealed:
I. RSA 160-B:16-a, prohibiting the retail sale of reloadable aerial shells.
II. RSA 160-C:10, II and III, relative to list of permissible fireworks offered for sale.
III. RSA 160-C:15, relative to the permissible fireworks list.
IV. RSA 160-C:17, II and III, relative to the fireworks inspector’s duties.
160:7 Effective Date. This act shall take effect upon its passage.
Approved: Enacted in accordance with Article 44, Part II, of N.H. Constitution, without signature of the governor, June 14, 2011.
Effective Date: June 14, 2011