Senate File 508 S-3174 Amend Senate File 508 as follows: 1 1. Page 3, line 17, after < b. > by inserting < (1) > 2 2. Page 3, after line 21 by inserting: 3 < (2) Any person who is injured in person or 4 property or means of support by a person using or 5 exploding consumer fireworks has a right of action for 6 all damages actually sustained, severally or jointly, 7 against that retailer or community group that sold 8 the consumer fireworks that caused the injury if the 9 retailer or community group was not covered by public 10 liability insurance and product liability insurance as 11 required by this paragraph “b” at the time of selling 12 the consumer fireworks. > 13 3. Page 7, line 15, after < Fireworks > by inserting 14 < —— sales and use —— penalties > 15 4. Page 9, by striking line 35 and inserting: 16 < 3. 5. Liability. A person who purchases a 17 consumer firework or novelty shall be jointly and 18 severally liable for damages, including emotional 19 distress, caused by the ignition, explosion, operation, 20 or use of the consumer firework or novelty and shall be 21 jointly and severally liable for court costs, expenses, 22 and reasonable attorney fees incurred by the party 23 bringing the action. This subsection shall not impose 24 any liability on a purchaser for damages that result 25 from the ignition, explosion, operation, or use of a 26 consumer firework or novelty if the consumer firework 27 or novelty was acquired by another person without the 28 knowledge or consent of the purchaser. A person liable 29 for damages to property under this subsection is liable 30 to pay three times the actual damages to the property 31 which resulted from the ignition, explosion, operation, 32 or use of the consumer firework or novelty. 33 6. Applicability. > 34 ______________________________ TONY BISIGNANO -1- SF508.1925 (1) 86 aw/nh 1/ 1 #1. #2. #3. #4.