UT
Utah Senate Bill SB0103

Utah 2025 Regular Session

Utah Senate Bill SB0103 Compare Versions

OldNewDifferences
1-01-23 10:38 1st Sub. (Green) S.B. 103
2-Jen Plumb proposes the following substitute bill:
1+01-13 14:42 S.B. 103
32 1
43 Fireworks Revisions
54 2025 GENERAL SESSION
65 STATE OF UTAH
76 Chief Sponsor: Jen Plumb
87 2
98
109 3
1110 LONG TITLE
1211 4
1312 General Description:
1413 5
1514 This bill makes changes related to the sale of fireworks.
1615 6
1716 Highlighted Provisions:
1817 7
1918 This bill:
2019 8
21-▸ prohibits the sale of fireworks in restricted discharge areas under certain circumstances;
20+▸ prohibits the sale of fireworks in restricted discharge areas under certain circumstances.
2221 9
23-and
22+Money Appropriated in this Bill:
2423 10
25-▸ replaces incorrect terms related to fireworks.
24+None
2625 11
27-Money Appropriated in this Bill:
26+Other Special Clauses:
2827 12
2928 None
3029 13
31-Other Special Clauses:
30+Utah Code Sections Affected:
3231 14
33-None
32+AMENDS:
3433 15
35-Utah Code Sections Affected:
34+53-7-225, as last amended by Laws of Utah 2024, Chapters 128, 438
3635 16
37-AMENDS:
36+
3837 17
39-53-7-225, as last amended by Laws of Utah 2024, Chapters 128, 438
38+Be it enacted by the Legislature of the state of Utah:
4039 18
41-
40+Section 1. Section 53-7-225 is amended to read:
4241 19
43-Be it enacted by the Legislature of the state of Utah:
42+53-7-225 . Times for sale and discharge of fireworks -- Criminal penalty --
4443 20
45-Section 1. Section 53-7-225 is amended to read:
44+Permissible closure of certain areas -- Maps and signage.
4645 21
47-53-7-225 . Times for sale and discharge of fireworks -- Criminal penalty --
46+(1) Except as provided in Section 53-7-221, this section supersedes any other code
4847 22
49-Permissible closure of certain areas -- Maps and signage.
48+provision regarding the sale or discharge of fireworks.
5049 23
51-(1) Except as provided in Section 53-7-221, this section supersedes any other code
50+(2)(a) Except as provided in Subsection (2)(b) or (c), a person may sell class C common
5251 24
53-provision regarding the sale or discharge of fireworks.
52+state approved explosives in the state as follows:
5453 25
55-(2)(a) Except as provided in Subsection (2)(b) or (c), a person may sell [class C] a
54+(i) beginning on June 24 and ending on July 25;
5655 26
57-division 1.4G common state approved [explosives] explosive in the state as follows:
56+(ii) beginning on December 29 and ending on December 31; and
5857 27
59-(i) beginning on June 24 and ending on July 25;
58+(iii) two days before and on the Chinese New Year's eve.
6059 28
61-(ii) beginning on December 29 and ending on December 31; and
60+(b) The restrictions in Subsection (2)(a) do not apply to:
6261 29
63-(iii) two days before and on the Chinese New Year's eve.
62+(i) online sales to a person outside the state for use outside the state; or
6463 30
65-(b) The restrictions in Subsection (2)(a) do not apply to: 1st Sub. (Green) S.B. 103 01-23 10:38
64+(ii) sales to persons described in Subsection 53-7-222(1)(b)(i)(A).
6665 31
67-(i) online sales to a person outside the state for use outside the state; or
66+(c)(i) As used in this Subsection (2)(c), "temporary fireworks stand" means a stand, S.B. 103 01-13 14:42
6867 32
69-(ii) sales to persons described in Subsection 53-7-222(1)(b)(i)(A).
68+trailer, tent, or other non-permanent structure used for the sale of class C common
7069 33
71-(c)(i) As used in this Subsection (2)(c), "temporary fireworks stand" means a stand,
70+state approved explosives.
7271 34
73-trailer, tent, or other non-permanent structure used for the sale of a division 1.4G
72+(ii) A municipality may prohibit the operation of a temporary fireworks stand in an
7473 35
75-common state approved explosive.
74+area where the discharge of class C common state approved explosives is
7675 36
77-(ii) A municipality may prohibit the operation of a temporary fireworks stand in an
76+restricted if:
7877 37
79-area where the municipality has prohibited the discharge of a division 1.4G
78+(A) the municipality's chief fire official recommends the prohibition; and
8079 38
81-common state approved explosive under Subsection (5)(b)(ii)(A), if:
80+(B) the municipality's legislative body approves the prohibition.
8281 39
83-(A) the municipality's chief fire official recommends the prohibition; and
82+(3) A person may not discharge class C common state approved explosives in the state
8483 40
85-(B) the municipality's legislative body approves the prohibition.
84+except as follows:
8685 41
87-(3) A person may not discharge [class C] a division 1.4G common state approved [
86+(a) between the hours of 11 a.m. and 11 p.m., except that on July 4 and July 24, the
8887 42
89-explosives] explosive in the state except as follows:
88+hours are 11 a.m. to midnight:
9089 43
91-(a) between the hours of 11 a.m. and 11 p.m., except that on July 4 and July 24, the
90+(i) beginning on July 2 and ending on July 5; and
9291 44
93-hours are 11 a.m. to midnight:
92+(ii) beginning on July 22 and ending on July 25;
9493 45
95-(i) beginning on July 2 and ending on July 5; and
94+(b)(i) beginning at 11 a.m. on December 31 and ending at 1 a.m. on the following
9695 46
97-(ii) beginning on July 22 and ending on July 25;
96+day; or
9897 47
99-(b)(i) beginning at 11 a.m. on December 31 and ending at 1 a.m. on the following
98+(ii) if New Year's eve is on a Sunday and the county or municipality determines to
10099 48
101-day; or
100+celebrate New Year's eve on the prior Saturday, then a person may discharge class
102101 49
103-(ii) if New Year's eve is on a Sunday and the county or municipality determines to
102+C common state approved explosives on that prior Saturday within the county or
104103 50
105-celebrate New Year's eve on the prior Saturday, then a person may discharge [
104+municipality;
106105 51
107-class C] a division 1.4G common state approved [explosives] explosive on that
106+(c) between the hours of 11 a.m. and 11 p.m. on January 1; and
108107 52
109-prior Saturday within the county or municipality;
108+(d) beginning at 11 a.m. on the Chinese New Year's eve and ending at 1 a.m. on the
110109 53
111-(c) between the hours of 11 a.m. and 11 p.m. on January 1; and
110+following day.
112111 54
113-(d) beginning at 11 a.m. on the Chinese New Year's eve and ending at 1 a.m. on the
112+(4) A person is guilty of an infraction, punishable by a fine of up to $1,000, if the person
114113 55
115-following day.
114+discharges a class C common state approved explosive:
116115 56
117-(4) A person is guilty of an infraction, punishable by a fine of up to $1,000, if the person
116+(a) outside the legal discharge dates and times described in Subsection (3); or
118117 57
119-discharges a [class C] division 1.4G common state approved explosive:
118+(b) in an area in which fireworks are prohibited under Subsection 15A-5-202.5(1)(b).
120119 58
121-(a) outside the legal discharge dates and times described in Subsection (3); or
120+(5)(a) Except as provided in Subsection (5)(b) or (c), a county, a municipality, or the
122121 59
123-(b) in an area in which fireworks are prohibited under Subsection 15A-5-202.5(1)(b).
122+state forester may not prohibit a person from discharging class C common state
124123 60
125-(5)(a) Except as provided in Subsection (5)(b) or (c), a county, a municipality, or the
124+approved explosives during the permitted periods described in Subsection (3).
126125 61
127-state forester may not prohibit a person from discharging [class C] a division 1.4G
126+(b)(i) As used in this Subsection (5)(b), "negligent discharge":
128127 62
129-common state approved [explosives] explosive during the permitted periods described
128+(A) means the improper use and discharge of a class C common state approved
130129 63
131-in Subsection (3).
130+explosive; and
132131 64
133-(b)(i) As used in this Subsection (5)(b), "negligent discharge":
134-- 2 - 01-23 10:38 1st Sub. (Green) S.B. 103
132+(B) does not include the date or location of discharge or the type of explosive used.
135133 65
136-(A) means the improper use and discharge of a [class C] division 1.4G common
134+(ii) A municipality may prohibit:
135+- 2 - 01-13 14:42 S.B. 103
137136 66
138-state approved explosive; and
137+(A) the discharge of class C common state approved explosives in certain areas
139138 67
140-(B) does not include the date or location of discharge or the type of explosive used.
139+with hazardous environmental conditions, in accordance with Subsection
141140 68
142-(ii) A municipality may prohibit:
141+15A-5-202.5(1)(b); or
143142 69
144-(A) the discharge of [class C] a division 1.4G common state approved [explosives]
143+(B) the negligent discharge of class C common state approved explosives.
145144 70
146-explosive in certain areas with hazardous environmental conditions, in
145+(iii) A county may prohibit the negligent discharge of class C common state approved
147146 71
148-accordance with Subsection 15A-5-202.5(1)(b); or
147+explosives.
149148 72
150-(B) the negligent discharge of [class C] a division 1.4G common state approved [
149+(c) The state forester may prohibit the discharge of class C common state approved
151150 73
152-explosives] explosive.
151+explosives as provided in Subsection 15A-5-202.5(1)(b) or Section 65A-8-212.
153152 74
154-(iii) A county may prohibit the negligent discharge of [class C] a division 1.4G
153+(6) If a municipal legislative body or the state forester provides a map to a county
155154 75
156-common state approved [explosives] explosive.
155+identifying an area in which the discharge of fireworks is prohibited due to a historical
157156 76
158-(c) The state forester may prohibit the discharge of [class C] a division 1.4G common
157+hazardous environmental condition under Subsection 15A-5-202.5(1)(b), the county
159158 77
160-state approved [explosives] explosive as provided in Subsection 15A-5-202.5(1)(b) or
159+shall, before June 1 of that same year:
161160 78
162-Section 65A-8-212.
161+(a) create a county-wide map, based on each map the county has received, indicating
163162 79
164-(6) If a municipal legislative body or the state forester provides a map to a county
163+each area within the county in which fireworks are prohibited under Subsection
165164 80
166-identifying an area in which the discharge of fireworks is prohibited due to a historical
165+15A-5-202.5(1)(b);
167166 81
168-hazardous environmental condition under Subsection 15A-5-202.5(1)(b), the county
167+(b) provide the map described in Subsection (6)(a) to:
169168 82
170-shall, before June 1 of that same year:
169+(i) each retailer that sells fireworks within the county; and
171170 83
172-(a) create a county-wide map, based on each map the county has received, indicating
171+(ii) the state fire marshal; and
173172 84
174-each area within the county in which fireworks are prohibited under Subsection
173+(c) publish the map on the county's website.
175174 85
176-15A-5-202.5(1)(b);
175+(7) A retailer that sells fireworks shall display:
177176 86
178-(b) provide the map described in Subsection (6)(a) to:
177+(a) a sign that:
179178 87
180-(i) each retailer that sells fireworks within the county; and
179+(i) is clearly visible to the general public in a prominent location near the point of
181180 88
182-(ii) the state fire marshal; and
181+sale;
183182 89
184-(c) publish the map on the county's website.
183+(ii) indicates the legal discharge dates and times described in Subsection (3); and
185184 90
186-(7) A retailer that sells fireworks shall display:
185+(iii) indicates the criminal charge and fine associated with discharge:
187186 91
188-(a) a sign that:
187+(A) outside the legal dates and times described in Subsection (3); and
189188 92
190-(i) is clearly visible to the general public in a prominent location near the point of
189+(B) within an area in which fireworks are prohibited under Subsection
191190 93
192-sale;
191+15A-5-202.5(1)(b); and
193192 94
194-(ii) indicates the legal discharge dates and times described in Subsection (3); and
193+(b) the map that the county provides, in accordance with Subsection (6)(b).
195194 95
196-(iii) indicates the criminal charge and fine associated with discharge:
195+Section 2. Effective Date.
197196 96
198-(A) outside the legal dates and times described in Subsection (3); and
199-97
200-(B) within an area in which fireworks are prohibited under Subsection
201-98
202-15A-5-202.5(1)(b); and
203-- 3 - 1st Sub. (Green) S.B. 103 01-23 10:38
204-99
205-(b) the map that the county provides, in accordance with Subsection (6)(b).
206-100
207-Section 2. Effective Date.
208-101
209197 This bill takes effect on May 7, 2025.
210-- 4 -
198+- 3 -