Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 378 First Substitute (2023GS)

Sponsor

Rep. Pierucci, C.

Final action

Governor Signed 3/17/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• provides that fireworks may be discharged between 11 a.m. and 11 p.m. on January 1.

Every vote on this bill

Bill text

FIREWORKS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Candice B. Pierucci
Senate Sponsor: 
Daniel McCay
LONG TITLE
General Description:
This bill modifies provisions regarding the discharge of fireworks.
Highlighted Provisions:
This bill:
▸ provides that fireworks may be discharged between 11 a.m. and 11 p.m. on January
1.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-7-225
, as last amended by Laws of Utah 2018, Chapter 189
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-7-225
 is amended to read:
53-7-225.
Times for sale and discharge of fireworks -- Criminal penalty --
Permissible closure of certain areas -- Maps and signage.
(1) Except as provided in Section 
53-7-221
, this section supersedes any other code
provision regarding the sale or discharge of fireworks.
(2) A person may sell class C common state approved explosives in the state as
follows:
(a) beginning on June 24 and ending on July 25;
(b) beginning on December 29 and ending on December 31; and
(c) two days before and on the Chinese New Year's eve.
(3) A person may not discharge class C common state approved explosives in the state
except as follows:
(a) between the hours of 11 a.m. and 11 p.m., except that on July 4 and July 24, the
hours are 11 a.m. to midnight:
(i) beginning on July 2 and ending on July 5; and
(ii) beginning on July 22 and ending on July 25;
(b) (i) beginning at 11 a.m. on December 31 and ending at 1 a.m. on the following day;
or
(ii) if New Year's eve is on a Sunday and the county, municipality, or metro township
determines to celebrate New Year's eve on the prior Saturday, then a person may discharge
class C common state approved explosives on that prior Saturday within the county,
municipality, or metro township; [
and
]
(c) between the hours of 11 a.m. and 11 p.m. on January 1; and
[
(c)
] 
(d)
 beginning at 11 a.m. on the Chinese New Year's eve and ending at 1 a.m. on
the following day.
(4) A person is guilty of an infraction, punishable by a fine of up to $1,000, if the
person discharges a class C common state approved explosive:
(a) outside the legal discharge dates and times described in Subsection (3); or
(b) in an area in which fireworks are prohibited under Subsection 
15A-5-202.5
(1)(b).
(5) (a) Except as provided in Subsection (5)(b) or (c), a county, a municipality, a metro
township, or the state forester may not prohibit a person from discharging class C common
state approved explosives during the permitted periods described in Subsection (3).
(b) (i) As used in this Subsection (5)(b), "negligent discharge":
(A) means the improper use and discharge of a class C common state approved
explosive; and
(B) does not include the date or location of discharge or the type of explosive used.
(ii) A municipality or metro township may prohibit:
(A) the discharge of class C common state approved explosives in certain areas with
hazardous environmental conditions, in accordance with Subsection 
15A-5-202.5
(1)(b); or
(B) the negligent discharge of class C common state approved explosives.
(iii) A county may prohibit the negligent discharge of class C common state approved
explosives.
(c) The state forester may prohibit the discharge of class C common state approved
explosives as provided in Subsection 
15A-5-202.5
(1)(b) or Section 
65A-8-212
.
(6) If a municipal legislative body, the state forester, or a metro township legislative
body provides a map to a county identifying an area in which the discharge of fireworks is
prohibited due to a historical hazardous environmental condition under Subsection
15A-5-202.5
(1)(b), the county shall, before June 1 of that same year:
(a) create a county-wide map, based on each map the county has received, indicating
each area within the county in which fireworks are prohibited under Subsection
15A-5-202.5
(1)(b);
(b) provide the map described in Subsection (6)(a) to:
(i) each retailer that sells fireworks within the county; and
(ii) the state fire marshal; and
(c) publish the map on the county's website.
(7) A retailer that sells fireworks shall display:
(a) a sign that:
(i) is clearly visible to the general public in a prominent location near the point of sale;
(ii) indicates the legal discharge dates and times described in Subsection (3); and
(iii) indicates the criminal charge and fine associated with discharge:
(A) outside the legal dates and times described in Subsection (3); and
(B) within an area in which fireworks are prohibited under Subsection
15A-5-202.5
(1)(b); and
(b) the map that the county provides, in accordance with Subsection (6)(b).