SB394 - Revises provisions relating to the sale of fireworks. (BDR 42-1077)

S.B. 394 - *SB394* SENATE BILL NO. 394–SENATOR OHRENSCHALL MARCH 17, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to the sale of fireworks. (BDR 42-1077) FISCAL NOTE: Effect on Local Government: Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to fireworks; prohibiting the sale of fireworks to a person who is less than 18 years of age; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes a board of county commissioners to pass ordinances 1 prohibiting, restricting, suppressing or otherwise regulating the sale, use, storage 2 and possession of fireworks in the county. (NRS 244.367) Existing law further 3 requires the State Fire Marshal to enforce all laws and adopt regulations relating to 4 the storage and use of fireworks under those circumstances that are not otherwise 5 regulated by the Division of Industrial Relations of the Department of Business and 6 Industry. (NRS 477.030) Section 1 of this bill prohibits the sale of fireworks to any 7 person who is less than 18 years of age. Section 2 of this bill provides that an 8 ordinance passed by a board of county commissioners must not conflict with the 9 provisions of section 1. 10 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 477 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 A person shall not sell or offer to sell fireworks to any person 3 who is less than 18 years of age. 4 – 2 – - *SB394* Sec. 2. NRS 244.367 is hereby amended to read as follows: 1 244.367 1. Except as otherwise provided in subsection 3, the 2 board of county commissioners shall have power and jurisdiction in 3 their respective counties to pass ordinances: 4 (a) Prohibiting, restricting, suppressing or otherwise regulating 5 the sale, use, storage and possession of fireworks; and 6 (b) Providing for the imposition of criminal or civil penalties, or 7 both, for the violation thereof. A civil penalty imposed pursuant to 8 such an ordinance must not be: 9 (1) In an amount less than $250 or more than $1,000 for a 10 violation involving less than 100 pounds in gross weight of 11 fireworks, including packaging; 12 (2) In an amount less than $1,000 or more than $5,000 for a 13 violation involving not less than 100 pounds or more than 5,000 14 pounds in gross weight of fireworks, including packaging; 15 (3) In an amount less than $5,000 or more than $10,000 for a 16 violation involving more than 5,000 pounds in gross weight of 17 fireworks, including packaging; or 18 (4) Imposed against a person who has been issued a license 19 or permit pursuant to the ordinance. 20 2. An ordinance passed pursuant to subsection 1 must: 21 (a) Provide that any license or permit that may be required for 22 the sale of fireworks must be issued by the licensing authority for: 23 (1) The county, if the fireworks are sold within the 24 unincorporated areas of the county; or 25 (2) A city located within the county, if the fireworks are sold 26 within the jurisdiction of that city; and 27 (b) Establish factors for determining the severity of any criminal 28 penalty or any civil penalty within the limits contained in paragraph 29 (b) of subsection 1 that take into account, without limitation, the 30 number and severity of any previous violations. 31 3. An ordinance passed pursuant to subsection 1 must not 32 apply to a child under the age of 18 years [unless the child is 33 emancipated.] or conflict with the provisions of section 1 of this 34 act. 35 Sec. 3. This act becomes effective upon passage and approval. 36 H