Bill would repeal law that allows powerful fireworks

State representatives serving Lehigh, Northampton and Berks counties introduced a bill Friday to repeal a state law allowing residents to buy and set off powerful fireworks.

House Bill 988 would repeal the most recent changes made to the fireworks law and reinstate the provisions as they existed before those changes, said state Rep. Peter Schweyer, D-Lehigh, who introduced the bill. The bill would not prohibit Pennsylvanians from using novelty fireworks or enjoying fireworks shows in their community to celebrate the Fourth of July or other holidays and special events.

Schweyer said House Bill 988 is awaiting committee assignment for further consideration. Co-sponsoring the bill are state representatives Jeanne McNeill, Steve Samuelson and Mike Schlossberg, all D-Lehigh, Robert Freeman, D-Northampton, and Mark Rozzi, D-Berks.

A measure, allowing Pennsylvanians to buy aerial devices like bottle rockets and Roman candles and carrying a new tax and expanded licensing fees, was made part of what became Act 43, which passed in 2017 and involves the withholding of state personal income tax.

Part of Act 43 put a 12% tax on sales of consumer fireworks in addition to the state’s traditional 6% sales tax. The vast majority of taxes collected on consumer fireworks sales goes into the state’s general fund.

“It was part of an overall budget deal and a component of a budget package including funding for the Allentown School District,” Schweyer said. “I was compelled to vote for it, which doesn’t change the fact that the fireworks portion of Act 43 should never have been passed.

“People expect fireworks on certain holidays,” he said. “But, in the summer, when fireworks are going off at night in the middle of the week, it’s extraordinarily disruptive to quality of life. This, coupled with potential damage to neighboring homes packed closely together, we’re not talking about somebody singeing their back yard or losing a shed. We’re talking about an entire block that could go up.

“The meager amount of funds generated in tax and licensing fee revenue simply isn’t worth it,” Schweyer said. “We’re in the middle of a robust budget discussion where Gov. Wolf proposed a pretty sizable tax shift. There’s money in the budget to where we don’t have to rely on funding from this fireworks law in Act 43.”

Schweyer and others supported, state Rep. Frank Farry’s proposed bill, introduced in July 2019. That bill sought to have fireworks retailers post signs informing consumers about fireworks laws, limit times when fireworks can be used, offer guidance to local governments and increase criminal penalties for using fireworks illegally.

Farry said in 2019 that the fireworks tax revenue should be repurposed to help fund improvements recommended by a statewide commission that studied Pennsylvania’s emergency services. The Morning Call was unable to reach Farry for comment Thursday about his proposed bill’s current status.