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F I S C A L I M P A C T R E P O R T

SPONSOR Rawson

DATE TYPED 2/25/05

HB

SHORT TITLE Local Government Fireworks Bans & Limits

SB 841

ANALYST Hadwiger

APPROPRIATION

(in $000s)

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Public Regulation Commission

Department of Finance and Administration (DFA)

Energy, Minerals and Natural Resources Department (EMNRD)

SUMMARY

Synopsis of Bill

Senate Bill 841 would allow municipalities and counties to regulate permissible fireworks more

strictly than the Fireworks Licensing and Safety Act or prohibit the permissible fireworks. (Cur-

rent statute includes restrictive language, prohibiting local governments from regulating any

permissible firework except aerial devices and ground audible devices). If, pursuant to a public

hearing, a municipality determined extreme or severe drought conditions existed, the municipal

governing body would be required to issue a proclamation banning all fireworks or limiting fire-

works to areas that are paved or barren or have a readily accessible source of water for use by a

homeowner, the general public, or an entity firing display fireworks, as well as ban all fireworks

in wildlands in the jurisdiction. The bill includes an emergency clause.

Significant Issues

SB841 would give local governments greater discretion to regulate use of fireworks. This allows

them to enact laws that conform to local circumstances and preferences.

Senate Bill 841 -- Page 2

EMNRD offered the following comments on the SB811:

•

The bill would give counties and municipalities broader authority to regulate fireworks.

•

The bill simplifies the description of what is a permissible firework, which would aid

law enforcement entities as they encounter violations.

•

The Forestry Division limits the use of fire, including fireworks, on non-federal and

non-municipal lands based on climatic conditions, fire danger, fire frequency and fire

behavior, as well as drought conditions. During fire season, this information is on the

Forestry Division’s website and available to local governments to help them determine if

conditions warrant a limit or ban on fireworks.

•

Drought is a term based on hydrology, which usually describes conditions over a long

period of time; “fire danger” is related to primarily fuels and meteorology and can

change daily.

FISCAL IMPLICATIONS

There would be no fiscal impact on state government from this bill.

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