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Maryland Legislature To Consider Ban on Novelty Lighters!
By MSFA Committee Chair Teresa Ann Crisman
February 2, 2010
House Bill 191 is going to be heard on Tuesday February 2, at 2:00pm.
This bill as introduced by Delegates Malone, Conway, Costa, Jennings, Mathias, Morhaim, Stull, and Weir seeks to eliminate the sale of Novelty lighters, often the cause of misunderstandings during confrontations with emergency responders, within the State of Maryland. The text of the bill is included in this article. If you are able to attend the hearing Tuesday, your support for the Bill is appreciated.
HOUSE BILL 191
Delegates Malone, Conway, Costa, Jennings, Mathias, Morhaim, Stull, and Weir
Introduced and read first time: January 22, 2010
Assigned to: Judiciary
A BILL ENTITLED: AN ACT concerning Criminal Law – Sale of Novelty Lighters – Prohibition
FOR the purpose of prohibiting a person from selling at retail, offering for sale at retail, or distributing for retail sale in the State a novelty lighter; establishing a 4 certain penalty for a violation of this Act; providing for the application of this 5 Act; defining a certain term; and generally relating to the sale of novelty lighters.
BY adding to Article – Criminal Law Section 10–112.1 Annotated Code of Maryland (2002 Volume and 2009 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF 13 MARYLAND, That the Laws of Maryland read as follows: Article – Criminal Law 10–112.1.
(A) IN THIS SECTION, "NOVELTY LIGHTER": .......(1) MEANS A MECHANICAL OR ELECTRIC DEVICE THAT: ............(I) IS TYPICALLY USED FOR LIGHTING CIGARETTES, CIGARS, OR PIPES;
............(II) 1. IS DESIGNED TO RESEMBLE A CARTOON 1 CHARACTER, TOY, GUN, WATCH, MUSICAL INSTRUMENT, VEHICLE, ANIMAL, FOOD OR BEVERAGE, OR ANOTHER SIMILAR ARTICLE; OR HAS ENTERTAINMENT FEATURES, INCLUDING MUSIC OR LIGHTS; AND ............(III) OPERATES ON ANY FUEL; AND
.......(2) DOES NOT INCLUDE: ............(I) A DEVICE THAT IS INCAPABLE OF BEING FUELED OR PRODUCING COMBUSTION OR FLAME; ............(II) A STANDARD DISPOSABLE OR REFILLABLE LIGHTER THAT IS PRINTED OR DECORATED WITH A LOGO, LABEL, DECAL, OR ARTWORK, OR A HEAT SHRINKABLE SLEEVE; OR ............(III) A DEVICE PRIMARILY USED TO IGNITE FUEL FOR A FIREPLACE OR A CHARCOAL OR GAS GRILL.
(B) THIS SECTION DOES NOT APPLY TO: .......(1) A LIGHTER MANUFACTURED BEFORE JANUARY 1, 1980; .......(2) THE TRANSPORTATION OF A NOVELTY LIGHTER THROUGH THE STATE; OR .......(3) THE STORAGE OF A NOVELTY LIGHTER IN A WAREHOUSE IN THE STATE THAT IS NOT OPEN FOR RETAIL SALES.
(C) A PERSON MAY NOT SELL AT RETAIL, OFFER FOR SALE AT RETAIL, OR DISTRIBUTE FOR RETAIL SALE IN THE STATE A NOVELTY LIGHTER.
(D) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING 24 $500.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26 October 1, 2010. 27
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