SF 452 (LSB 2663XS (2) 88)

SENATE FILE 452

BY  CELSI

A BILL FOR

An Act prohibiting the possession, sale, and use of consumer fireworks, providing penalties, and including transition and effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 100.1, subsection 8, Code 2019, is amended to read as follows:
   8.  To order the suspension of the use of consumer fireworks, display fireworks, or novelties, as described in section 727.2, if the fire marshal determines that the use of such devices would constitute a threat to public safety.
    Sec. 2.  Section 331.301, subsection 17, Code 2019, is amended to read as follows:
   17.  The board of supervisors may by ordinance or resolution prohibit or limit the use of consumer fireworks or display fireworks, as described in section 727.2, if the board determines that the use of such devices would constitute a threat to public safety or private property, or if the board determines that the use of such devices would constitute a nuisance to neighboring landowners.
    Sec. 3.  Section 364.2, subsection 6, Code 2019, is amended to read as follows:
   6.  A city council may by ordinance or resolution prohibit or limit the use of consumer fireworks, display fireworks, or novelties, as described in section 727.2. 
    Sec. 4.  Section 461A.42, subsection 2, Code 2019, is amended to read as follows:
   2.  The use of consumer fireworks or display fireworks, as defined in section 727.2, in state parks and preserves is prohibited except as authorized by a permit issued by the department. The commission shall establish, by rule adopted pursuant to chapter 17A, a fireworks permit system which authorizes the issuance of a limited number of permits to qualified persons to use or display fireworks in selected state parks and preserves.
    Sec. 5.  Section 727.2, subsection 1, paragraph a, Code 2019, is amended to read as follows:
   a.  “Consumer fireworks” includes means first-class consumer fireworks and second-class consumer fireworks, as those terms are defined in section 100.19, subsection 1 described in chapter 3 of the American pyrotechnics association’s standard 87-1. “Consumer fireworks” does not include novelties enumerated in chapter 3 of the American pyrotechnics association’s standard 87-1 or display fireworks enumerated in chapter 4 of the American pyrotechnics association’s standard 87-1.
    Sec. 6.  Section 727.2, subsection 3, Code 2019, is amended by striking the subsection and inserting in lieu thereof the following:
   3.  Consumer fireworks.
   a.  The possession, sale, and use of consumer fireworks is prohibited.
   b.  A person who violates this subsection commits a simple misdemeanor.
    Sec. 7.  Section 727.2, subsection 4, Code 2019, is amended by striking the subsection.
    Sec. 8.  REPEAL.  Sections 100.19 and 100.19A, Code 2019, are repealed.
    Sec. 9.  TRANSITION PROVISIONS.
   1.  All licensure and registration fees collected under sections 100.19 and 100.19A shall be prorated to June 30, 2019, and that portion of the licensure or registration fee that represents the remaining period of the licensee or registrant, following June 30, 2019, shall be returned to the licensee or registrant.
   2.  Upon repeal of the consumer fireworks fee fund created in section 100.19, the state fire marshal shall transfer any moneys remaining in the fund to the general fund of the state.
    Sec. 10.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Current law permits retailers and community groups to obtain a license to sell fireworks pursuant to Code section 100.19, and permits persons to register as wholesalers for the purpose of reselling consumer fireworks pursuant to Code section 100.19A. Current law prescribes limitations on the use of consumer fireworks to specified dates, times, and locations. Current law also allows cities and counties to prohibit or limit the use of consumer fireworks by ordinance or resolution, and allows the department of natural resources to issue permits for the use of consumer fireworks in state parks and preserves. 
   This bill prohibits the possession, sale, and use of consumer fireworks in Iowa. A person who violates the bill commits a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.
   The bill makes conforming changes with respect to the prohibition on consumer fireworks possession, sale, and use, and includes transition provisions. The bill provides that all licensure and registration fees collected by the state fire marshal pursuant to repealed Code sections 100.19 and 100.19A shall be prorated, and the portion of such fees that represent the remaining period of the licensee or registrant shall be returned to the licensee or registrant. The bill also provides that the state fire marshal shall, upon the repeal of the consumer fireworks fee fund, transfer any remaining moneys in the fund to the general fund of the state.
   The bill takes effect upon enactment.