Current Status Introducing Body:House Bill Number:4429 Primary Sponsor:McElveen Committee Number:08 Type of Legislation:GB Subject:Fireworks, use of may be banned, provisions Residing Body:Senate Current Committee:General Committee Computer Document Number:GJK/20152SD.94 Introduced Date:19940111 Date of Last Amendment:19940427 Last History Body:Senate Last History Date:19940503 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:McElveen Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4429 Senate 19940503 Introduced, read first time, 08
referred to Committee
4429 House 19940428 Read third time, sent to
Senate
4429 House 19940427 Amended, read second time
4429 House 19940414 Committee Report: Favorable 27
with amendment
4429 House 19940111 Introduced, read first time, 27
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
AMENDED
April 27, 1994
H. 4429
S. Printed 4/27/94--H.
Read the first time January 11, 1994.
TO AMEND SECTION 23-35-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF REGULATIONS REGARDING FIREWORKS BY THE STATE FIRE MARSHAL, SO AS TO PROVIDE THAT THE FIRE CHIEF OR HEAD OF FIRE SERVICES OF ANY COUNTY OR MUNICIPALITY TEMPORARILY MAY BAN THE USE OF FIREWORKS IN THAT JURISDICTION IF OTHERWISE PERMITTED WHEN WEATHER CONDITIONS OR OTHER CONDITIONS REQUIRE, TO PROVIDE THAT THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY MUST CONFIRM THE TEMPORARY BAN AT ITS NEXT REGULARLY SCHEDULED MEETING BY EMERGENCY ORDINANCE OR TERMINATE THE BAN, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE EMERGENCY ORDINANCE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 23-35-140 of the 1976 Code, as amended by Act 181 of 1993, is amended to read:
"Section 23-35-140. (A) Notwithstanding any other provisions another provision of law, the Division of the State Fire Marshal shall issue rules and regulations regarding the storage, transportation, sale and use of permissible fireworks within this State. Such These regulations may prescribe, but shall are not be limited to, quantity of fireworks that may be kept, the manner of transporting fireworks within the State, the type of buildings or structures where such the fireworks may be kept, sold or used, the manner of storage of fireworks within such buildings or structures and such other matters that may be necessary to protect lives and property. Violations of such these regulations when duly promulgated shall must be punished as provided for in Section 23-35-150.
(B) In addition to the requirements of subsection (A), the use of fireworks is prohibited in a county while a burning ban, as issued by the State Commission of Forestry, is in effect for that county. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both."
SECTION 2. This act takes effect upon approval by the Governor.