Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 155 Second Substitute (2024GS)

Sponsor

Rep. MacPherson, M.

Final action

Governor Signed 3/13/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• adds a date to the dates on which certain fireworks may be discharged.

Every vote on this bill

Bill text

DISCHARGE OF FIREWORKS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matt MacPherson
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies a provision relating to the discharge of fireworks.
Highlighted Provisions:
This bill:
▸ adds a date to the dates on which certain fireworks may be discharged.
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 2023, Chapter 341
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) between the hours of 11 a.m. and 11 p.m. on:
(i) September 17; or
(ii) September 16, if September 17 is a Sunday;
[
(b)
] 
(c)
 (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;
[
(c)
] 
(d)
 between the hours of 11 a.m. and 11 p.m. on January 1; and
[
(d)
] 
(e)
 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).
Section 2. 
Effective date.
This bill takes effect on May 1, 2024.