Nebraska LB 434: Change provisions relating to tax expenditure reports and certain joint hearings of legislative committees

Bill Text

LEGISLATIVE BILL 434
Approved by the Governor May 30, 2025

Introduced by Wordekemper, 15.

A BILL FOR AN ACT relating to the State Fire Marshal; to amend sections
28-1239.01, 28-1246, 28-1251, 81-503.01, 81-505.01, 81-5,159, 81-15,120,
and 81-15,121, Reissue Revised Statutes of Nebraska; to change fees; to
change provisions relating to the adoption of fees; to repeal the original
sections; and to declare an emergency.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 28-1239.01, Reissue Revised Statutes of Nebraska, is
amended to read:
28-1239.01 (1) No person shall conduct a public exhibition or display of
display fireworks without first procuring a display permit from the State Fire
Marshal. Such application for a display permit shall be accompanied by a fee of
one hundred ten dollars to be remitted to the State Treasurer for credit to
deposited in the State Fire Marshal Cash Fund.
(2) No display fireworks shall be sold or delivered by a licensed
distributor to any person who is not in possession of an approved display
permit. Sales of display fireworks to persons without an approved display
permit shall be subject to sections 28-1213 to 28-1239.
Sec. 2. Section 28-1246, Reissue Revised Statutes of Nebraska, is amended
to read:
28-1246 (1) It shall be unlawful for any person to sell, hold for sale, or
offer for sale as a distributor, jobber, or retailer any fireworks in this
state unless such person has first obtained a license as a distributor, jobber,
or retailer. Application for each such license shall be made to the State Fire
Marshal on forms prescribed by him or her. Each application shall be
accompanied by the required fee, which shall be one thousand five hundred
dollars for a distributor's license, four two hundred dollars for a jobber's
license, and one hundred twenty-five dollars for a retailer's license. Each
application for a retailer's license shall be received by the State Fire
Marshal at least ten business days prior to the sales period, as set forth in
section 28-1249, in which the retailer wishes to sell consumer fireworks. A
retailer's license shall be good only for the specific sales period listed on
the application and within the calendar year in which issued. The retailer's
license shall at all times be displayed at the place of business of the holder
thereof.
(2) The funds received pursuant to this section shall be remitted to the
State Treasurer for credit to the State Fire Marshal Cash Fund.
Sec. 3. Section 28-1251, Reissue Revised Statutes of Nebraska, is amended
to read:
28-1251 (1) It shall be unlawful for any person, association, partnership,
limited liability company, or corporation to conduct fire alarm tests and fire
alarm inspections without prior written certification by the State Fire Marshal
as to the qualifications of such persons conducting such tests and inspections.
(2) The State Fire Marshal shall formulate reasonable guidelines to
determine qualifications for fire alarm inspectors and shall administer an
examination pursuant to such guidelines prior to certification of applicants.
(3) The State Fire Marshal may charge a fee of no more than two one
hundred dollars to cover costs of administering such examinations and issuing
certifications.
(4) Unlawful testing or inspection of fire alarms is a Class III
misdemeanor.
Sec. 4. Section 81-503.01, Reissue Revised Statutes of Nebraska, is
amended to read:
81-503.01 (1) The State Fire Marshal shall adopt and promulgate rules and
regulations constituting a State Fire Code. At a minimum, the State Fire Code
shall cover:
(a) The prevention of fires;
(b) The storage, sale, and use of flammable liquids, combustibles, and
fireworks;
(c) Electrical wiring and heating, protection equipment devices,
materials, furnishings, and other safeguards within structures necessary to
promote safety and reduce loss by fire;
(d) The means and adequacy of exits, in case of fire, in assembly,
educational, institutional, residential, mercantile, office, storage, and
industrial-type occupancies as such structures are defined in the State Fire
Code;
(e) All other buildings, structures, and enclosures in which numbers of
persons congregate from time to time for any purpose, whether privately or
publicly owned;
(f) Design, construction, location, installation, and operation of
equipment for storing, handling, and utilization of liquefied petroleum gases,
specifying the odorization of such gases and the degree thereof;
(g) Chemicals, prozylin plastics, X-ray nitrocellulose films, or any other
LB434
2025
LB434
2025
-1-

hazardous material that may now or hereafter exist;
(h) Tanks used for the storage of regulated substances pursuant to the
Petroleum Products and Hazardous Substances Storage and Handling Act; and
(i) Accessibility standards and specifications adopted pursuant to section
81-5,147.
(2) Not later than July 1, 2019, the rules and regulations adopted and
promulgated as part of the State Fire Code shall conform gene