SB 4 — Revises provisions relating to the imposition of certain penalties by ordinance for certain violations relating to fireworks. (BDR 20-402)

(ReprintedSenate withBill amendmentsNo. adopted on April 19, 2021) FIRST REPRINT S.B.

44–Committee SENATEon BILLGovernment NOAffairs .CHAPTER..........

4–COMMITTEE ON G OVERNMENT A FFAIRS (ON BEHALF OF CLARK C OUNTY ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to the imposition of certain penalties by ordinance for certain violations relating to fireworks.

(BDR 20-402) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Under existing law, a board of county commissioners is authorized to pass ordinances that:

(1) clarifies that the penalties that may be imposed for such a violation are criminal orpenalty civilthat penalties,may orbe both;imposed pursuant to such an ordinance;

(2)and limits(3) theprohibits maximum amount of a civil penaltypenalties thatfrom maybeing be imposed pursuant to such an ordinance toon $10,000a forperson who has received a singlelicense violation;or permit pursuant to the ordinance.

andSection (3) prohibits civil penalties from being imposed pursuant to such an ordinance 2 of this bill also requires the consideration of certain factors such as the number and severity of any previous offenses when determining the amount and category of civil and criminal penalties.not apply to a child under the age of 18 years unless the child has beenrdinance do emancipated.

Section 21 furtherof providesthis thatbill themakes prohibitionsa ofconforming suchchange anrelated ordinanceto doclarifying notthat applya toboard amay childprovide underboth thecriminal ageand ofcivil 18penalties yearsrelated unlessto the childregulation, hassale, beenuse, emancipated.storage and possession of fireworks.

SectionEXPLANATION 1– ofMatter thisin billbolded makesitalics ais conformingnew; change related to clarifying that a use, storage and possession of fireworks.

penaltiesmatter relatedbetween tobrackets the[omitted regulation,material] sale,is -material *SB4_R1*to –be 2omitted. – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

3.- 81st Session (2021) – 2 – must not exceed $1,000 for each violation.

The amount of a civil penalty levied pursuant to subsection 2 must4. not exceed $1,000 for each violation.

4.

(d) Describes the practices, transactions or acts in which a business licensed in the county is prohibited from engaging;

(1)(2) Unlicensed;Not licensed to engage in the particular activities in which it is engaging.

or (2) Not licensed to engage in the particular activities in which it is engaging.

- *SB4_R1* – 3 – (a) Prohibiting, restricting, suppressing or otherwise regulating the sale, use, storage and possession of fireworks ;

A civil penalty imposed pursuant to such an ordinance maymust not:not be:

(1) ExceedIn $10,000an amount less than $250 or more than $1,000 for a singleviolation violation;involving less than 100 pounds in gross weight of firewo(2) In an amount less than $1,000 or more than $5,000 for a violation involving not less than 100 pounds or more than 5,000 pounds in gross weight of fireworks, including packaging;

(3) In an amount less than $5,000 or (2)more Bethan imposed$10,000 againstfor a personviolation whoinvolving hasmore beenthan issued5,000 apounds licensein orgross permitweight pursuantof tofireworks, theincluding ordinance.packaging;

2.or (4) Imposed against a person who has been issued a license or permit pursuant to the ordinance.

- 81st Session (2021) – 3 – 2.

(a) Provide that any license or permit that may be required for the sale of fireworks must be issued by the licensing authority for:

[(a)] (1) The county, if the fireworks are sold within the unincorporated areas of the county;

ororrks are sold within the [(b)] (2) A city located within the county, if the fireworks are sold within the jurisdiction of that city [.] ;

and (b) Establish factors for determining the severity of any criminal penalty or any civil penalty within the limits contained in paragraph (b) of subsection 1 that take into account, without limitation, the number and severity of any previous violations.

H~~~~~ 21 - *SB4_R1*81st Session (2021)