HB376 Alabama 2018 Session

Under existing law, the State Fire Marshal is responsible for regulating and issuing permits to persons who manufacture, sell, offer for sale, or ship fireworks or pyrotechnics in the state.

This bill would authorize the State Fire Marshal to also regulate and issue pyrotechnic display operator licenses and pyrotechnic special effects operator licenses to persons who provide fireworks displays, pyrotechnics, and related special effects for an audience.

This bill would provide for the qualifications of applicants for licensure, license renewal, and licensure by reciprocity, and for the licensure of certain persons who have previously been certified as lead technicians by the State Fire Marshal.

This bill would provide for the deposit of fees into the State Fire Marshal's Fund.

This bill would also provide that any violation of the act constitutes a Class A misdemeanor.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

Relating to pyrotechnic displays; to authorize the State Fire Marshal to regulate and issue pyrotechnic display operator licenses and pyrotechnic special effects operator licenses to persons who provide fireworks displays, pyrotechnics, and related special effects for an audience; to provide for the qualifications of applicants for licensure, license renewal, and licensure by reciprocity; to provide for the licensure of certain persons who have previously been certified as lead technicians by the State Fire Marshal; to provide for the deposit of fees into the State Fire Marshal's Fund; to provide that any violation of the act constitutes a Class A misdemeanor; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.