HB2646 HFAT O’Neal 3-14

Delegate O’Neal moves to amend the title to read as follows:

“Eng. House Bill No. 2646 --

A BILL to repeal §11-12-86 of the Code of West Virginia, 1931, as amended; to repeal §29-3-23, §29-3-24, §29-3-25 and §29-3-26 of said code; to amend said code by adding thereto a new section, designated §9A-1-11b; to amend and reenact §16-2-2 of said code; to amend said code by adding thereto a new section, designated §16-2-16; to amend said code by adding thereto a new article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-5, §29-3E-6, §29-3E-7, §29-3E-8, §29-3E-9, §29-3E-10, §29-3E-11, §29-3E-12 and §29-3E-13; and to amend and reenact §61-3E-1 and §61-3E-11 of said code, all relating to public safety; relating to local indoor smoking prohibition; establishing a procedure for regulation of in-door smoking; requiring the county commission to approve the regulation; exempting certain facilities from local indoor smoking prohibition; establishing requirements for in-door smoking facilities; legalizing and regulating the sale and use of fireworks; eliminating the prohibition on the sale, possession and ignition of fireworks; eliminating the requirement that the State Fire Marshal seize and destroy fireworks and combustibles illegally held; establishing age limitation for purchase and sale of consumer fireworks; eliminating the prohibition on nonresidents without in-state legal counsel to obtain a permit for conducting of a pyrotechnic display; increasing the sparkler and novelty registration fee; eliminating certain defined terms; eliminating exemptions; defining terms relating to consumer fireworks; creating standards for the production and transport of fireworks; establishing registration requirements for sales of sparklers, novelties and toy caps; creating a certification requirement for the sale of consumer fireworks; limiting sale of consumer fireworks to certain facilities; establishing permit requirements for public fireworks displays; specifying imposition of a fireworks safety fee on sales for the retail sale of consumer fireworks; specifying collection and deposit of monies from fees; regulating public fireworks displays; providing for rules; authorizing fees by legislative rule; authorizing seizures by the State Fire Marshal; providing certain exemptions; and providing for criminal penalties.”