S 422

• Bill Number: S 422
• Bill ID: SC-126-S-422
• Session: 126
• Status: in_committee

Title: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 40-56-90 SO AS TO PROVIDE REMEDIES FOR VIOLATIONS OF PROVISIONS CONCERNING THE REGULATION OF PYROTECHNICS; BY AMENDING SECTION 40-56-1, RELATING TO POLICIES AND PURPOSES CONCERNING THE REGULATION OF PYROTECHNICS, SO AS TO RESTATE PUBLIC SAFETY GOALS OF POLICIES FOR THE MANUFACTURE, STORAGE, PURCHASE, SUPPLY, AND SALE OF PYROTECHNICS; BY AMENDING SECTION 40-56-10, RELATING TO THE STATE BOARD OF PYROTECHNIC SAFETY, SO AS TO REVISE BOARD COMPOSITION AND MEETING REQUIREMENTS; BY AMENDING SECTION 40-56-20, RELATING TO DEFINITIONS CONCERNING THE REGULATION OF PYROTECHNICS AND FIREWORKS, SO AS TO REVISE THE DEFINITIONS; BY AMENDING SECTION 40-56-35, RELATING TO LICENSES REQUIRED FOR THE MANUFACTURE, SALE, OR STORAGE OF FIREWORKS, SO AS TO REVISE THE REQUIREMENTS TO INCLUDE LICENSES AND PERMITS REQUIRED FOR THE MANUFACTURING, SELLING, DEALING, DISTRIBUTING, OR STORAGE OF PYROTECHNICS AND FIREWORKS, AND TO REVISE RELATED LICENSING AND PERMITTING REQUIREMENTS; BY AMENDING SECTION 40-56-70, RELATING TO DUTIES OF THE BOARD, SO AS TO REVISE THE DUTIES TO INCLUDE CERTAIN DISCIPLINARY AUTHORITY, AMONG OTHER THINGS; BY AMENDING SECTION 40-56-80, RELATING TO INVESTIGATIONS OF COMPLAINTS OF VIOLATIONS BY THE BOARD, SO AS TO PROVIDE REQUIREMENTS FOR THE PRESENTATION OF INVESTIGATION RESULTS AND SUBSEQUENT HEARINGS, TO PROVIDE CERTAIN RELATED POWERS NECESSARY FOR THE INTEREST OF PUBLIC SAFETY; BY AMENDING SECTION 40-56-115, RELATING TO JURISDICTION OF THE BOARD, SO AS TO PROVIDE THE BOARD HAS JURISDICTION OVER ACTIONS OF ENTITIES OR INDIVIDUALS, IN ADDITION TO LICENSEES AND FORMER LICENSEES, FOUND TO VIOLATE THE PROVISIONS OF CHAPTER 56, TITLE 40; BY AMENDING SECTION 40-56-120, RELATING TO DISCIPLINARY GROUNDS AND PROCEDURES CONCERNING THE BOARD, SO AS TO EXPAND THE GROUNDS FOR DISCIPLINE, TO PROVIDE FOR THE AVAILABILITY OF PRIVATE REPRIMANDS, AND TO PROVIDE CERTAIN FINAL ORDERS WITH FINDINGS OF VIOLATIONS ARE SUBJECT TO PUBLIC DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT; BY AMENDING SECTION 40-56-130, RELATING TO LICENSE DENIAL BY THE BOARD BASED ON THE ACTIONS THAT CONSTITUTE GROUNDS FOR DISCIPLINE, SO AS TO PROVIDE THE BOARD MAY REFUSE TO ISSUE LICENSES OR PERMITS IN SUCH SITUATIONS; BY AMENDING SECTION 40-56-140, RELATING TO LICENSE DENIAL BY THE BOARD BASED ON FINDINGS OF A PRIOR CRIMINAL RECORD, SO AS TO INCLUDE THE DENIALS OF PERMITS UPON SUCH A FINDING; BY AMENDING SECTION 40-56-150, RELATING TO VOLUNTARY SURRENDER OF LICENSES ISSUED BY THE BOARD, SO AS TO INCLUDE THE VOLUNTARY SURRENDER OF PERMITS ISSUED BY THE BOARD; BY AMENDING SECTION 40-56-200, RELATING TO PENALTIES FOR VIOLATIONS OF PROVISIONS REGULATING PYROTECHNICS BY LICENSEES OF THE BOARD, SO AS TO INCLUDE HOLDERS OF PERMITS ISSUED BY THE BOARD; BY AMENDING SECTION 40-56-220, RELATING TO FACILITIES THAT MUST COMPLY WITH CERTAIN REGULATIONS OF THE BOARD, SO AS TO PROVIDE THE PROVISIONS DO NOT WAIVE CERTAIN OTHER REQUIREMENTS, TO INCLUDE FIREWORKS DISTRIBUTION FACILITIES, AND TO PROVIDE AUTHORIZED AGENTS OF THE BOARD MAY CONDUCT INSPECTIONS OF THESE FACILITIES, AMONG OTHER THINGS; BY AMENDING SECTION 40-56-230, RELATING TO INSURANCE REQUIRED FOR RETAIL FIREWORKS SALES LICENSES, SO AS TO REVISE REQUIREMENTS FOR SUCH INSURANCE COVERAGE; BY AMENDING SECTION 40-56-240, RELATING TO REQUIREMENTS OF HAVING A WHOLESALE LICENSE ISSUED BY THE BOARD TO STORE DISPLAY FIREWORKS, SO AS TO ADD PERMITTING REQUIREMENTS FOR STORING ARTICLES OF PYROTECHNICS, TO PROVIDE HOLDERS OF PYROTECHNIC OPERATOR LICENSES ISSUED BY THE STATE FIRE MARSHAL MAY OBTAIN A DISPLAY MAGAZINE PERMIT FROM THE BOARD FOR THE STORAGE OF DISPLAY FIREWORKS AT A LOCATION OTHER THAN THE DISPLAY SITE WITHOUT OBTAINING A WHOLESALE LICENSE FROM THE BOARD, TO PROVIDE ONLY LICENSED WHOLESALERS MAY DISTRIBUTE FIREWORKS FOR DISPLAYS, AND TO REVISE STORAGE REQUIREMENTS FOR DISPLAY FIREWORKS, AMONG OTHER THINGS; BY AMENDING SECTION 40-56-250, RELATING TO ORDERS OF THE BOARD TO REMOVE OR CORRECT HAZARDOUS CONDITIONS, SO AS TO IMPOSE A THIRTY-DAY LIMIT FOR COMPLIANCE, TO ADD CERTAIN PENALTIES, AND TO REMOVE REMAINING PENALTIES AND PROCESSES FOR VIOLATIONS TO CONFORM TO THE ADDITION OF OTHER PENALTIES AND PROCESSES; AND BY AMENDING SECTION 40-56-260, RELATING TO REPORTS OF FIRES OR EXPLOSIONS TO THE BOARD BY REGULATED PARTIES, SO AS TO REMOVE EXISTING PROVISIONS AND INSTEAD PROVIDE THAT LICENSEES AND PERMITTEES MUST REPORT IN WRITING ANY UNAUTHORIZED INCIDENT OF EXPLOSION OR FIRE INVOLVING FIREWORKS TO THE BOARD WITHIN TWENTY-FOUR HOURS OF THE OCCURRENCE.