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State of South Dakota
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NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019
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480B0171
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HOUSE COMMERCE AND ENERGY
ENGROSSED NO. SB 56 - 2/27/2019
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This bill has been extensively amended (hoghoused) and may no longer be consistent
with the original intention of the sponsor.
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Introduced by: Senators Greenfield (Brock), Bolin, and Maher and Representatives
Greenfield (Lana), Gosch, Latterell, and McCleerey
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FOR AN ACT ENTITLED, An Act to revise certain provision regarding the regulation of
fireworks and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-37-1 be amended to read:
34-37-1. Terms used in this chapter mean:
(1) "Consumer fireworks," fireworks designed primarily to produce visible effects by
combustion,; that must comply with the construction, chemical composition, and
labeling regulations promulgated by the U.S. Consumer Product Safety Commission
(C.F.R. Title 16--Commercial Practices, Part 1507) 16 C.F.R. Part 1507, effective
January 1, 1998 2019, and that are enumerated in classified as 1.4G, UN0336 under
the American Pyrotechnics Association Inc., Standard 87-1, April, 1993 2001
edition;
(2)
"Display fireworks," fireworks regulated by the Bureau of Alcohol, Tobacco,
Firearms and Explosives that are not intended for consumer use and are normally
used at a public event and classified as 1.3G, UN0335 under the American
Pyrotechnics Association Standard 87-1, 2001 edition;
(3) "Public event," use of fireworks for commerce on public property or sponsored by
a public entity;
(4) "Retailer," or "Retailer licensee," includes every any person engaged licensed under
this chapter to engage in the business of making sales of fireworks at retail;
(3)(5) "Retail sale," the sale of fireworks to any person not licensed to sell fireworks or for
any purpose other than for resale;
(4)(6) "Sale," any transfer, exchange, or barter, conditional or otherwise, in any manner or
by any means whatsoever, for a consideration;
(5)(7) "Wholesaler," or "Wholesaler licensee," any person engaged licensed under this
chapter to engage in the business of making sales of fireworks to retailers for resale
to consumers.
Section 2. That § 34-37-2 be amended to read:
34-37-2. No A person may sell, hold for sale, or offer is guilty of a Class 1 misdemeanor if
the person sells, holds for sale, or offers for sale, as wholesaler or retailer, any fireworks in this
state unless such person has first obtained without a license as a wholesaler or retailer issued
under this chapter.
Application for a license as wholesaler or retailer shall be made to the Department of Public
Safety on forms to be prescribed by it. Each the department. An application shall be
accompanied by the required an application fee, which shall be of five hundred dollars for a
wholesaler's license, and twenty-five dollars for a retailer's license. A separate twenty-five dollar
retailer's
In addition to a license as a retailer issued under this section, a retailer shall obtain a retailer
sales license is required for a fee of twenty-five dollars, for each sales period, as specified in
§ 34-37-10, during which a retailer may sell fireworks. Each An application for a twenty-five
dollar retailer's the retailer sales license in any year must shall be received by the department no
later than fifteen days before the beginning of the sales period. Any application for a twenty-five
dollar retailer's retailer sales license received after that date shall be denied by the department
and returned to the applicant, together with any application fee submitted. The twenty-five
dollar retailer's retailer sales license expires sixty days after the end of the sales period and is
renewable annually until the application deadline for the corresponding sales period. The retailer
licensee shall at all times display the retailer sales license shall at all times be displayed at the
retailer's place of business of the holder of the license.
The Any funds received by the department under the provisions of this section shall be
deposited in the state general fund.
Section 3. That § 34-37-2.1 be amended to read:
34-37-2.1. No A person under the age of eighteen years shall may not be licensed under this
chapter and no licensee shall. A wholesaler or retailer may not employ or permit any individual
person under the age of eighteen to sell, dispense, or offer for sale, within the State of South
Dakota any permissible fireworks enumerated in this chapter. A violation of this section is a
Class 1 misdemeanor.
Section 4. That § 34-37-2.2 be amended to read:
34-37-2.2. In addition to licenses available in any license required under § 34-37-2, two
special retail licenses may be obtained for any sales to out-of-state residents. The first is a sixty-six day, a retailer licensee may obtain:
(1) An early season license
to operate from
the first day of May
through the fifth day of
July first to June twenty-sixth, with a required fee of one thousand dollars
. The
second option is a fifty-seven day; or
(2) A late season license to operate from the sixth day of July through the thirty-first day
of sixth to August thirty-first, and from December twenty-eighth to January first, with
a required fee of one thousand dollars. The fifty-seven day special retail license also
allows the retail sale of fireworks to residents and nonresidents during the period
beginning December twenty-eighth and extending through January first, as provided
in § 34-37-10. A
A retailer licensee with a license issued under this section that is located west of the
Missouri River shall provide any consumer with a copy of
the South Dakota any law
which that
prohibits the
discharge use of fireworks and a map of the Black Hills Forest Fire Protection
District
shall be provided with every with any sale of fireworks
under a license granted pursuant
to this section, except for sales, other than any sale occurring from
the twenty-seventh day of
June
through the fifth day of twenty-seventh to July
fifth. A violation of this section is a Class
1 misdemeanor.
Section 5. That § 34-37-4 be amended to read:
34-37-4. Except as provided in § 34-37-12,
no a person
shall possess, sell, offer for sale,
bring into this state, or discharge is guilty of a Class 1 misdemeanor if the person possesses,
sells, offers for sale, brings into this state, or uses any pyrotechnics commonly known as
fireworks, other than
permissible consumer fireworks.
Section 6. That § 34-37-6 be amended to read:
34-37-6. Before any
additional permissible fireworks not enumerated
in under § 34-37-5
may be sold, held for sale, or offered for sale in this state,
they the licensee shall
be submitted
submit the fireworks to the Department of Public Safety for examination
to determine their
compliance. For any fireworks submitted under this section that comply with
16 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 department shall authorize
the fireworks for sale in this state. A violation of this section is a Class 1 misdemeanor.
Section 7. That § 34-37-8 be amended to read:
34-37-8. No A person who is guilty of a Class 1 misdemeanor if the person is not licensed
as a wholesaler or retailer shall bring and transports any fireworks into this state. No for sale.
A retailer shall may not sell any fireworks which that have not been purchased from a
wholesaler licensed under the provisions of this chapter.
Section 8. That § 34-37-10 be amended to read:
34-37-10. No A person, firm, or corporation may offer fireworks for sale to individuals is
guilty of a Class 1 misdemeanor if the person offers any fireworks for sale to any other person
at retail except other than during the period beginning between June twenty-seventh and
extending through July fifth and or during the period beginning between December twenty-eighth and extending through January first. Any person obtaining the special sixty-six day or the
special fifty-seven day retail licenses
A person who is issued a license under § 34-37-2.2 may sell fireworks to out-of-state
residents for the periods of time designated in § 34-37-2.2. Retail sales A person who is issued
a late season license under § 34-37-2.2 or a retailer license under § 34-37-2 may sell any
fireworks to residents and nonresidents during the period from December twenty-eighth through
to January first period may only be made by holders of a special fifty-seven day retail license
established pursuant to § 34-37-2.2 and by holders of a retailer's license as provided in § 34-37-2. Retail sales are not permitted after.
A retail licensee may not make any sale of fireworks between the hours of 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.
Section 9. That § 34-37-10.1 be amended to read:
34-37-10.1. No retailer shall sell A person is guilty of a Class 1 misdemeanor if the person
sells any fireworks from any a motor vehicle.
Section 10. That § 34-37-10.2 be amended to read:
34-37-10.2. If the general public occupies a structure where fireworks are being displayed
or sold, two or more approved exits shall be provided. If the general public does not occupy a
the structure that displays or sells fireworks, one or more approved exits shall be provided. A
violation of this section is a Class 1 misdemeanor.
For the purposes of this section, an approved exit is a continuous and unobstructed means
of egress to a public way. Exit doors shall be of the pivoted or side-hinged swinging type and
shall swing in the direction of exit travel. Exit doors shall be able to be opened from the inside
without the use of a key or any special knowledge or effort.
Section 11. That § 34-37-10.3 be amended to read:
34-37-10.3.
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."
A person is guilty of a Class
1 misdemeanor if the person smokes within fifty feet of a location under this section.
Section 12. That § 34-37-10.4 be amended to read:
34-37-10.4.
In all buildings or structures wherein At any location where consumer fireworks
are being offered for sale the licensee shall
have a sign prominently posted stating prominently
post a sign that
states no fireworks
can may be ignited or
discharged used within
one hundred
fifty three hundred feet of the licensee's premises.
A person is guilty of a Class 1 misdemeanor
if the person ignites or uses any fireworks within three hundred feet of a location under this
section.
Section 13. That § 34-37-10.5 be amended to read:
34-37-10.5. No licensee may have on the premises A person is guilty of a Class 1
misdemeanor if the person has any device, apparatus, receptacle, or burner from which an open
flame is emitted. Each on the premises of a retail licensee. A retailer licensee shall in the
conduct of the business of selling fireworks keep and maintain upon the retailer's premises a fire
extinguisher bearing a rated capacity of at least 2-A.
Section 14. That § 34-37-11 be amended to read:
34-37-11. 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 exterior
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 that extends three hundred feet beyond the exterior boundaries of the
Black Hills Forest Fire Protection District in this state.
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 any national forest, national
park, state forest, or any land owned or leased by the Department of Game, Fish and Parks.
However, the Department of Game, Fish and Parks may, by without written authorization,
permit by the department permitting the discharge use of pyrotechnics or consumer fireworks,
pyrotechnic displays, sales, or exhibits on land owned or leased by the department, unless the
department is otherwise prohibited by statute law from providing the written authorization.
Any A violation of this section
which occurs on any land owned or leased by the Department
of Game, Fish and Parks is a Class 2 misdemeanor.
Any A second or subsequent violation of
this Section section is a Class 1 misdemeanor.
Section 15. That § 34-37-12 be amended to read:
34-37-12. Nothing in this chapter shall prohibit licensed wholesalers or manufacturers
prohibits a wholesaler licensee or manufacturer from storing, selling, shipping, or otherwise
transporting, permissible fireworks to any person or entity outside of the State of South Dakota
if the sale and transportation are this state, consistent with 18 U.S.C. § 836, effective on January
1, 1983. The 2019. Any delivery of such fireworks shall only may be made by a properly
certified motor carrier as specified in chapter 49-28 or by licensed fireworks wholesalers or
manufacturers in a vehicle owned or leased by a wholesaler licensee, manufacturer, or fireworks
permit holders in vehicles owned or leased by them holder. A violation of this section is a Class
1 misdemeanor.
Section 16. That § 34-37-12.1 be amended to read:
34-37-12.1. Written A wholesaler licensee shall retain written evidence of the delivery of
permissible fireworks to any person or entity outside of the State of South Dakota shall be
retained by the wholesaler. Acceptable evidence includes this state. Evidence under this section
may include the fireworks license or permit number and address, a bill of lading, or delivery
receipt for delivery by a properly certified motor carrier if the purchaser is unlicensed. A
violation of this section is a Class 1 misdemeanor.
Section 17. That § 34-37-13 be amended to read:
34-37-13. 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 A person using display
fireworks at a public or private event shall secure obtain a written permit from the governing
board body of the 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 fireworks are to be used. Display fireworks may only be purchased from a
wholesaler licensee. Use of display fireworks at a public or private event shall comply with the
National Fire Protection Association Standard 1123, 1995 2018 edition. A violation of this
section is a Class 1 misdemeanor.
Section 18. That chapter 34-37 be amended by adding a NEW SECTION to read:
Nothing in this chapter prohibits the use of consumer fireworks at a public or private event.
A person using consumer fireworks at a public or private event outside the periods permitted
by § 34-37-16.1 shall obtain a permit from the governing body of the municipality, township,
or county where the consumer fireworks are to be used. Consumer fireworks may only be
purchased from a retailer licensee or wholesaler licensee. Use of consumer fireworks at a public
or private event shall comply with the National Fire Protection Association Standard 1124, 2006
edition. A violation of this section is a Class 1 misdemeanor.
Section 19. That § 34-37-15 be amended to read:
34-37-15.
If a person For any licensee who is found guilty of
violating any of the provisions
of a second or subsequent violation under this chapter
a subsequent time, such violation may
constitute cause for revocation or suspension of the license held by that person and for refusal,
the department may revoke or suspend the license and refuse to renew
the license upon
its
expiration
thereof.
Section 20. That § 34-37-16 be amended to read:
34-37-16.
No A person
shall possess is guilty of a Class 1 misdemeanor if the person
possesses any fireworks, other than those enumerated in § 34-37-5. If any person
shall have in
his possession possesses any fireworks in violation of
said section § 34-37-5, a warrant may be
issued for the seizure of
such the fireworks
, and such. Any fireworks
seized under this section
shall be safely kept stored to be used as evidence.
Upon conviction of the offender, the any person charged under this section, any seized
fireworks shall be destroyed, but if the offender is discharged, the. If a person charged under this
section is found not guilty, any seized fireworks shall be returned to the person in whose
possession they were found, provided, however, that nothing in this.
This chapter shall does not apply to the transportation of fireworks by regulated carriers.
Section 21. That § 34-37-16.1 be amended to read:
34-37-16.1. Except as otherwise provided in this chapter, it is unlawful for a person to
discharge fireworks in this state a person is guilty of a Class 2 misdemeanor if the person uses
consumer fireworks except during the period beginning from June twenty-seventh and extending
through the end of to the first Sunday after July fourth, and during the period beginning
December twenty-eighth and extending through to January first. A violation of this section is
a Class 2 misdemeanor.
Section 22. That § 34-37-16.2 be amended to read:
34-37-16.2. The provisions of § 34-37-16.1 §§ 34-37-2 and 34-37-16.1 do not apply to
snakes and smoke:
(1) Smoke effects if they the smoke effects do 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 under section 3.2 of the American Pyrotechnics
Association Standard 87-1, 2001 edition.
Section 23. That § 34-37-17 be amended to read:
34-37-17. The Department of Public Safety, together with
all any law enforcement
officers
agency of the state
and its or any political
subdivisions, shall be charged with the enforcement
of the provisions of subdivision of the state, shall enforce this chapter.
Section 24. That § 34-37-5 be repealed.
34-37-5. Permissible fireworks are consumer fireworks as enumerated in Chapter 3 of the
American Pyrotechnics Association Inc., Standard 87-1, 1993 edition and that comply with
labeling regulations promulgated by the U.S. Consumer Product Safety Commission (C.F.R.
Title 16--Commercial Practices Part 1507), effective January 1, 1998.
Section 25. That § 34-37-10.6 be repealed.
34-37-10.6. For the purposes of this chapter, an approved exit is a continuous and
unobstructed means of egress to a public way. Exit doors shall be of the pivoted or side-hinged
swinging type and shall swing in the direction of exit travel. Exit doors shall be openable from
the inside without the use of a key or any special knowledge or effort.
Section 26. That § 34-37-14 be repealed.
34-37-14. Except where a punishment is specifically provided, a violation of the provisions
of this chapter is a Class 1 misdemeanor.
Section 27. That § 34-37-5 be amended to read:
34-37-5. Permissible fireworks are consumer fireworks as enumerated in 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 Product Safety Commission (C.F.R.
Title 16--Commercial Practices Part 1507), effective 16 C.F.R. 1507 as in effect on January 1,
1998 2019. The use of fireworks that are not permissible, unless authorized in this chapter, is
a Class 1 misdemeanor.
Section 28. That § 34-37-9 be amended to read:
34-37-9. Any person licensed under the provisions of this chapter shall comply with the
provisions of § 10-45-45. Each invoice for fireworks purchased is subject to inspection by the
Department of Public Safety. The invoice shall show the license number of the wholesaler from
which the purchase was made. A violation of this section is a Class 1 misdemeanor.
Section 29. Whereas, this Act is necessary for the immediate preservation of the public
peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full
force and effect from and after its passage and approval.
