S.F. 2064 Section 1. Section 100.1, Code 2014, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 8. To administer the local fire department 3 equipment fund created pursuant to section 100.19. 4 Sec. 2. NEW SECTION . 100.19 Local fire department equipment 5 fund. 6 A local fire department equipment fund is created in the 7 state treasury under the control of the state fire marshal. 8 The fund is separate from the general fund of the state. The 9 fund is composed of moneys transferred to the fund pursuant 10 to section 423.2, subsection 11, paragraph “b” , subparagraph 11 (05). Moneys in the fund shall be used to provide grants 12 to local fire departments in this state for the purchase or 13 maintenance of fire equipment. The fire marshal shall adopt 14 rules pursuant to chapter 17A for the administration of the 15 fund. Notwithstanding section 12C.7, subsection 2, interest or 16 earnings on moneys in the fund shall be credited to the fund. 17 Moneys credited to the fund shall not be transferred, used, 18 obligated, appropriated, or otherwise encumbered, except as 19 provided in this section. 20 Sec. 3. Section 101A.1, subsection 3, Code 2014, is amended 21 to read as follows: 22 3. “Explosive” means any chemical compound, mixture 23 or device, the primary or common purpose of which is to 24 function by explosion with substantially instantaneous 25 release of gas and heat, unless such compound, mixture, or 26 device is otherwise specifically classified by the United 27 States department of transportation. The term “explosive” 28 includes all materials which are classified as a class 1, 29 division 1.1, 1.2, 1.3, or 1.4 explosive by the United States 30 department of transportation, under 49 C.F.R. § 173.50, and 31 all materials classified as explosive materials under 18 32 U.S.C. § 841, and includes, but is not limited to, dynamite, 33 black powder, pellet powders, initiating explosives, blasting 34 caps, electric blasting caps, safety fuse, fuse lighters, fuse 35 -1- LSB 5185XS (4) 85 aw/nh 1/ 8

S.F. 2064 igniters, squibs, cordeau detonative fuse, instantaneous fuse, 1 igniter cord, igniters, smokeless propellant, cartridges for 2 propellant-actuated power devices, cartridges for industrial 3 guns, and overpressure devices, but does not include “fireworks” 4 as “consumer fireworks” , “display fireworks” , or “novelties” as 5 those terms are defined in section 727.2 or ammunition or small 6 arms primers manufactured for use in shotguns, rifles, and 7 pistols. Commercial explosives are those explosives which are 8 intended to be used in commercial or industrial operations. 9 Sec. 4. Section 331.301, Code 2014, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 17. The board of supervisors may by 12 resolution suspend the use of display fireworks as described 13 in section 727.2, if the board determines that the use of such 14 devices would constitute a threat to public safety. 15 Sec. 5. Section 331.304, subsection 9, Code 2014, is amended 16 to read as follows: 17 9. The board, upon application, may grant permits for the 18 display of display fireworks as provided in section 727.2 . 19 Sec. 6. Section 364.2, Code 2014, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 6. A city council may by resolution suspend 22 the use of display fireworks as described in section 727.2, if 23 the city council determines that the use of such devices would 24 constitute a threat to public safety. 25 Sec. 7. Section 423.2, subsection 11, paragraph a, Code 26 2014, is amended by adding the following new subparagraph: 27 NEW SUBPARAGRAPH . (3) Subsequent to the deposit into 28 the general fund of the state, the director shall credit an 29 amount equal to the product of the sales tax rate imposed in 30 this section times the sales price of consumer fireworks and 31 novelties as defined in section 727.2, into the local fire 32 department equipment fund created pursuant to section 100.19. 33 The director shall credit the moneys beginning the first day of 34 the quarter following July 1, 2015. 35 -2- LSB 5185XS (4) 85 aw/nh 2/ 8

S.F. 2064 Sec. 8. Section 423.2, subsection 11, paragraph b, Code 1 2014, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (05) Transfer to the local fire 3 department equipment fund that portion of the sales tax 4 receipts described in paragraph “a” , subparagraph (3), 5 remaining after the transfers required under subparagraphs (1), 6 (2), (3), and (4) of this paragraph “b” . 7 Sec. 9. Section 461A.42, subsection 2, Code 2014, is amended 8 to read as follows: 9 2. The use of consumer fireworks, display fireworks, and 10 novelties, as defined in section 727.2 , in state parks and 11 preserves is prohibited except as authorized by a permit issued 12 by the department. The commission shall establish, by rule 13 adopted pursuant to chapter 17A , a fireworks permit system 14 which authorizes the issuance of a limited number of permits to 15 qualified persons to use or display fireworks in selected state 16 parks and preserves. 17 Sec. 10. Section 727.2, Code 2014, is amended to read as 18 follows: 19 727.2 Fireworks. 20 1. For purposes of this section: 21 a. “Consumer fireworks” includes all consumer fireworks 22 enumerated in chapter 3 of the American pyrotechnics 23 association’s standard 87-1, and that comply with the labeling 24 regulations promulgated by the United States consumer product 25 safety commission. 26 b. The term “fireworks” “Display fireworks” includes any 27 explosive composition, or combination of explosive substances, 28 or article prepared for the purpose of producing a visible 29 or audible effect by combustion, explosion, deflagration, 30 or detonation, and includes blank cartridges, firecrackers, 31 torpedoes, skyrockets, roman candles, or other fireworks of 32 like construction and fireworks containing any explosive or 33 flammable compound, or other device containing any explosive 34 substance. The term “fireworks” “Display fireworks” does not 35 -3- LSB 5185XS (4) 85 aw/nh 3/ 8

S.F. 2064 include goldstar-producing sparklers on wires which contain 1 no magnesium or chlorate or perchlorate, flitter sparklers 2 in paper tubes that do not exceed one-eighth of an inch in 3 diameter, toy snakes which contain no mercury, or caps used 4 in cap pistols novelties or consumer fireworks enumerated in 5 chapter 3 of the American pyrotechnics association’s standard 6 87-1 . 7 c. “Novelties” includes all novelties enumerated in chapter 8 3 of the American pyrotechnics association’s standard 87-1, and 9 that comply with the labeling regulations promulgated by the 10 United States consumer product safety commission. 11 2. A person, firm, partnership, or corporation who offers 12 for sale, exposes for sale, sells at retail, or uses or 13 explodes any display fireworks, commits a simple misdemeanor . 14 In addition to any other penalties, the punishment imposed 15 for a violation of this section shall include assessment 16 of , punishable by a fine of not less than two hundred fifty 17 dollars. However, the a city council of a city or a county 18 board of supervisors may, upon application in writing, grant a 19 permit for the display of display fireworks by municipalities, 20 fair associations, amusement parks, and other organizations 21 or groups of individuals approved by the city or the county 22 board of supervisors when the display fireworks display will 23 be handled by a competent operator, but no such permit shall 24 be required for the display of display fireworks at the Iowa 25 state fairgrounds by the Iowa state fair board, at incorporated 26 county fairs, or at district fairs receiving state aid. Sales 27 of display fireworks for such display may be made for that 28 purpose only. 29 3. The governor may order the suspension of the use of 30 consumer fireworks, display fireworks, or novelties, if 31 the governor determines that the use of such devices would 32 constitute a threat to public safety. 33 4. a. A person who uses or explodes display fireworks while 34 the use of such devices is suspended by a resolution adopted 35 -4- LSB 5185XS (4) 85 aw/nh 4/ 8

S.F. 2064 by the county or city in which the fireworks are used commits a 1 simple misdemeanor, punishable by a fine of not less than two 2 hundred fifty dollars. 3 b. A person who uses or explodes consumer fireworks, 4 display fireworks, or novelties while the use of such devices 5 is suspended by an order of the governor commits a simple 6 misdemeanor, punishable by a fine of not less than two hundred 7 fifty dollars. 8 5. a. A person who is at least eighteen years of age or 9 a firm, partnership, or corporation may possess or transfer, 10 offer for sale, expose for sale, or sell at retail to a person 11 who is eighteen years of age or older novelties or consumer 12 fireworks. A person who is eighteen years of age or older may 13 use or explode novelties or consumer fireworks. 14 b. A person, firm, partnership, or corporation who transfers 15 or sells novelties or consumer fireworks to a person who is 16 less than eighteen years of age commits a simple misdemeanor, 17 punishable by a fine of not less than two hundred fifty 18 dollars. A person who is less than eighteen years of age who 19 purchases, possesses, uses, or explodes novelties or consumer 20 fireworks commits a simple misdemeanor, punishable by a fine of 21 not less than two hundred fifty dollars. 22 3. 6. a. This section does not prohibit the sale by a 23 resident, dealer, manufacturer, or jobber of such fireworks as 24 are not prohibited by this section , or the sale of any kind 25 of fireworks if they are to be shipped out of the state, or 26 the sale or use of blank cartridges for a show or the theater, 27 or for signal purposes in athletic sports or by railroads 28 or trucks, for signal purposes, or by a recognized military 29 organization. 30 b. This section does not apply to any substance or 31 composition prepared and sold for medicinal or fumigation 32 purposes. 33 c. This section does not apply to goldstar-producing 34 sparklers on wires which contain no magnesium or chlorate or 35 -5- LSB 5185XS (4) 85 aw/nh 5/ 8

S.F. 2064 perchlorate, flitter sparklers in paper tubes that do not 1 exceed one-eighth of an inch in diameter, toy snakes which 2 contain no mercury, or caps used in cap pistols. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill provides for the legal sale and use of novelties 7 and consumer fireworks within the state. 8 Current law provides that a person, firm, partnership, or 9 corporation who offers for sale, exposes for sale, sells at 10 retail, or uses or explodes any fireworks, commits a simple 11 misdemeanor. Current law, however, also provides that a city 12 council or a county board of supervisors may grant a permit 13 for the display of fireworks if the fireworks display will be 14 handled by a competent operator. Current law further provides 15 that the term “fireworks” includes any explosive composition, 16 or combination of explosive substances, or article prepared 17 for the purpose of producing a visible or audible effect by 18 combustion, explosion, deflagration, or detonation, including 19 blank cartridges, firecrackers, torpedoes, skyrockets, roman 20 candles, or other fireworks of like construction and fireworks 21 containing any explosive or flammable compound, or other device 22 containing any explosive substance with limited exceptions. 23 The bill maintains these restrictions for display fireworks 24 and provides that the term “display fireworks” shall not 25 include novelties or consumer fireworks. The bill provides 26 that the terms “novelties” and “consumer fireworks” each 27 respectively include all novelties or consumer fireworks 28 enumerated in chapter 3 of the American pyrotechnics 29 association’s standard 87-1, which comply with the labeling 30 regulations promulgated by the United States consumer product 31 safety commission. 32 The bill provides that a person who is at least 18 years 33 of age or a firm, partnership, or corporation may possess, or 34 transfer, offer for sale, expose for sale, or sell at retail 35 -6- LSB 5185XS (4) 85 aw/nh 6/ 8

S.F. 2064 any novelties or consumer fireworks to any person who is at 1 least 18 years of age. The bill provides that any person who 2 is at least 18 years of age may use or explode novelties or 3 consumer fireworks. 4 The bill provides that a person, firm, partnership, or 5 corporation who transfers or sells novelties or any consumer 6 firework to a person who is less than 18 years of age commits 7 a simple misdemeanor. A person who is less than 18 years of 8 age who purchases, possesses, uses, or explodes novelties or 9 any consumer fireworks commits a simple misdemeanor. A simple 10 misdemeanor is generally punishable by confinement for no more 11 than 30 days or a fine of at least $65 but not more than $625 or 12 by both, but the bill provides for a fine of a least $250. 13 The bill provides that the governor may order the suspension 14 of the use of consumer fireworks, display fireworks, or 15 novelties if the governor determines that the use of such 16 devices would constitute a threat to public safety. The bill 17 further provides that a county board of supervisors or city 18 council may by ordinance suspend the use of display fireworks, 19 if the board or council determines that the use of such devices 20 would constitute a threat to public safety. The bill provides 21 that a person who violates such an order or ordinance commits a 22 simple misdemeanor, punishable by a fine of at least $250. 23 The bill also creates a local fire department equipment 24 fund in the state treasury under the control of the state fire 25 marshal to be composed of moneys transferred to the fund by the 26 director of the department of revenue from the sales tax on 27 sales of consumer fireworks and novelties. Moneys in the fund 28 shall be used to provide grants to local fire departments for 29 the purchase or maintenance of fire equipment pursuant to rules 30 adopted by the fire marshal. Interest or earnings on moneys in 31 the fund shall be credited to the fund. 32 The bill maintains current exemptions for goldstar-producing 33 sparklers on wires which contain no magnesium or chlorate or 34 perchlorate, flitter sparklers in paper tubes that do not 35 -7- LSB 5185XS (4) 85 aw/nh 7/ 8