As bill to limit fireworks advances in Pa. Senate, some ask: Does it go far enough?
HARRISBURG — The state Senate Agriculture and Rural Affairs committee narrowly approved a bill Monday under which municipalities could regulate where fireworks could be detonated and also require a permit to buy fireworks.
The 6-5 vote was mostly along party lines, with most Republicans in favor and Democrats opposed. The bill, which passed by an overwhelming margin in the House this month, now goes to the full Senate for consideration.
Proponents say it adds necessary corrections to the state’s permissive fireworks laws, but some detractors argue it doesn’t go far enough.
Since Pennsylvania removed its prohibition on “consumer-grade” fireworks in 2017, firefighters say they’ve seen an increase in fires and fire-related deaths. In a memorandum, the bill’s author, Republican Rep. Frank Farry of Bucks County, said fireworks are a nuisance for constituents, “especially seniors, veterans, parents with small children and people with pets.”
The law’s restrictions — fireworks may not be detonated within 150 feet of a residential area — are basically impossible to enforce, Rep. Peter Schweyer, D-Lehigh, noted.
“The evidence literally explodes,” he said.
Unless police see someone light a firework’s fuse, they can’t take any action against them for detonating fireworks illegally, and aren’t allowed to confiscate any unlit fireworks, Schweyer said. The bill in the Senate would allow officers to confiscate fireworks.
The bill would also require a license to sell fireworks and place restrictions on facilities that sell them, and retailers would not be allowed to sell fireworks to minors or people under the influence of drugs or alcohol.
Allentown Mayor Matt Tuerk recently told the Morning Call that he supports the legislation and would consider passing further restrictions on fireworks if given the opportunity.
However, state Sen. Judy Schwank, D-Berks, who
introduced a bill to repeal the 2017 changes to fireworks law, said the bill doesn’t go far enough and is mostly for the benefit of fireworks manufacturers.
Even if a municipality tightens regulations on fireworks, Schwank said, illegally detonated fireworks are so pervasive that it’s almost impossible for police to respond.
State Sen. Sharif Street, D-Philadelphia, said he
voted against the bill in committee Monday because it includes jail time for people who violate the regulations on selling, displaying or buying fireworks.
The bill’s penalty for selling fireworks is 5-10 years in jail for someone’s first offense, in addition to a fine, Street said. He argued this was too punitive, and he plans to work on an amendment to remove this from the bill.
Street found an ally in Republican Sen. Gene Yaw of Lycoming County, who sponsored the 2017 law.
On Monday, Yaw voted in favor of the bill, but disliked the idea of harsh penalties.
“We’re making criminals out of people” who just want to celebrate, he said.