Text: SF00324 Text: SF00326 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.2, subsection 12, paragraph c, Code 1 2 2003, is amended to read as follows: 1 3 c. The violation of section 123.47, 727.2F, 727.2G, or 1 4 727.2H which is committed by a child. 1 5 Sec. 2. Section 727.2, Code 2003, is amended to read as 1 6 follows: 1 7 727.2 FIREWORKS. 1 8 1. The term "fireworks" includes any explosive 1 9 composition, or combination of explosive substances, or1 10article prepared for the purpose of producing a visible or1 11audible effect by combustion, explosion, deflagration, or1 12detonation, and includes blank cartridges, firecrackers,1 13torpedoes, skyrockets, roman candles, or other fireworks of1 14like construction and fireworks containing any explosive or1 15flammable compound, or other device containing any explosive1 16substanceor other device containing an explosive substance. 1 17 The term "fireworks" does not include goldstar-producing 1 18 sparklers on wires which contain no magnesium or chlorate or 1 19 perchlorate, flitter sparklers in paper tubes that do not 1 20 exceed one-eighth of an inch in diameter, toy snakes which 1 21 contain no mercury, or caps used in cap pistols. 1 22 2. A person may use, or a licensed firm, copartnership,or1 23 corporationwho offers, or any other business entity 1 24 authorized by law may offer for sale,exposes for sale, sells1 25at retail, or uses or explodesany fireworks, commits a simple1 26misdemeanorpermissible under sections 727.2A and 727.2B. In 1 27 addition to any other penalties, the punishment imposed for a 1 28 violation of this section shall include assessment of a fine 1 29 of not less than two hundred fifty dollars.However, the1 30 3. The council of a city or a county board of supervisors 1 31 may, upon application in writing, grant a permit for the 1 32 display of fireworks not permissible under section 727.2A by 1 33 municipalities, fair associations, amusement parks, and other 1 34 organizations or groups of individuals approved by the city or 1 35 the county board of supervisors when the fireworks display 2 1 will be handled by a competent operator, but no such permit 2 2 shall be required for the display of fireworks at the Iowa 2 3 state fairgrounds by the Iowa state fair board, at 2 4 incorporated county fairs, or at district fairs receiving 2 5 state aid.Sales of fireworks for such display may be made2 6for that purpose only.2 7This section does not prohibit the sale by a resident,2 8dealer, manufacturer, or jobber of such fireworks as are not2 9prohibited by this section, or the sale of any kind of2 10fireworks if they are to be shipped out of the state, or the2 11sale or use of blank cartridges for a show or the theater, or2 12for signal purposes in athletic sports or by railroads or2 13trucks, for signal purposes, or by a recognized military2 14organization.2 15This section does not apply to any substance or composition2 16prepared and sold for medicinal or fumigation purposes.2 17 Sec. 3. NEW SECTION. 727.2A PERMISSIBLE FIREWORKS. 2 18 Permissible fireworks are the consumer fireworks enumerated 2 19 in chapter 3 of the American pyrotechnics association inc., 2 20 standard 87-1, 1993 edition, and that comply with the labeling 2 21 regulations promulgated by the United States consumer product 2 22 safety commission effective on January 1, 1998. 2 23 Sec. 4. NEW SECTION. 727.2B EXAMINATION OF FIREWORKS. 2 24 If consumer fireworks are not permissible under section 2 25 727.2A, the proposed seller must submit the fireworks to the 2 26 state fire marshal for examination and approval prior to the 2 27 sale of such fireworks. A person who violates this section 2 28 commits a serious misdemeanor. 2 29 Sec. 5. NEW SECTION. 727.2C RESTRICTIONS ON IMPORTATION 2 30 OF FIREWORKS. 2 31 A person who is not a licensed wholesaler or retailer shall 2 32 not bring fireworks into this state. A person who violates 2 33 this section commits a serious misdemeanor. 2 34 Sec. 6. NEW SECTION. 727.2D RETAIL SALES PERMITTED. 2 35 The retail sale of fireworks shall not take place before 3 1 June 27 and after July 5 of any year. A person who violates 3 2 this section commits a serious misdemeanor. 3 3 Sec. 7. NEW SECTION. 727.2E SALES PERMITS. 3 4 1. The state fire marshal shall issue permits for the sale 3 5 of fireworks. No permit shall be issued to a person under 3 6 eighteen years of age. 3 7 2. All permits shall be for the calendar year or any 3 8 fraction thereof and shall expire on the thirty-first day of 3 9 December of each year. 3 10 3. Permits shall be conspicuously displayed in the permit 3 11 holder's place of business along with a large sign that states 3 12 the law concerning the sale, use, and possession of fireworks 3 13 in this state. 3 14 4. A permit holder shall include a printed copy of the 3 15 law concerning the sale, use, and possession of fireworks in 3 16 this state with each purchase of fireworks. 3 17 5. The state fire marshal shall adopt rules in accordance 3 18 with chapter 17A to regulate the sale and use of fireworks. 3 19 Sec. 8. NEW SECTION. 727.2F SALE TO A MINOR. 3 20 1. A person shall not sell fireworks to any person under 3 21 twelve years of age. 3 22 2. A person shall not sell fireworks to any person under 3 23 eighteen years of age unless that person is in the presence of 3 24 a parent or guardian. 3 25 3. A person under eighteen years of age shall not 3 26 purchase, or attempt to purchase, fireworks in violation of 3 27 this section. 3 28 4. A person who violates this section commits a serious 3 29 misdemeanor. 3 30 Sec. 9. NEW SECTION. 727.2G USE BY A MINOR. 3 31 1. A person shall not permit any person under eight years 3 32 of age to possess or use fireworks. 3 33 2. A person shall not permit any person under twelve years 3 34 of age to possess or use fireworks except when that person is 3 35 in the presence of a parent or guardian. 4 1 3. A person who violates this section commits a serious 4 2 misdemeanor. 4 3 Sec. 10. NEW SECTION. 727.2H USE OF FIREWORKS – 4 4 RESTRICTIONS. 4 5 1. A person shall not ignite or discharge fireworks within 4 6 six hundred feet of any church, hospital, mental health 4 7 facility, school, or within one hundred feet of a structure 4 8 where fireworks are stored, sold, or offered for sale. 4 9 2. A person shall not ignite or discharge any permissible 4 10 articles of fireworks within or throw the same from a motor 4 11 vehicle, boat, or structure. 4 12 3. A person shall not throw or place any ignited article 4 13 of fireworks into or at a motor vehicle, boat, or structure, 4 14 or at or near any person or group of people or at or near any 4 15 animal. 4 16 4. A person shall not ignite or discharge fireworks within 4 17 three hundred feet of any gasoline pump, gasoline filling 4 18 station or any nonpermanent structure where fireworks are 4 19 stored, sold, or offered for sale. 4 20 5. A violation of this section is punishable under chapter 4 21 712. 4 22 EXPLANATION 4 23 This bill legalizes the sale and use of fireworks under 4 24 certain circumstances. Under current law, only sparklers, toy 4 25 snakes, and toy caps used in a cap gun may legally be sold to 4 26 be used by members of the general public. The bill legalizes 4 27 the sale to and use by the general public of those consumer 4 28 fireworks that are enumerated in a document produced by the 4 29 American pyrotechnic association and that comply with certain 4 30 federal labeling regulations. Other fireworks may be sold if 4 31 they are first submitted and approved by the state fire 4 32 marshal. 4 33 The bill prohibits the sale of fireworks to a minor under 4 34 the age of 12 and provides that a minor aged 12 to 17 must be 4 35 in the presence of a parent or guardian to purchase fireworks. 5 1 If a person sells fireworks to a minor in violation of these 5 2 provisions, or a minor purchases or attempts to purchase 5 3 fireworks in violation of these provisions, the person commits 5 4 a serious misdemeanor. The offense by a person under 18 years 5 5 of age is specifically included within the definition of 5 6 offenses which constitute a delinquent act under the juvenile 5 7 justice code. 5 8 The bill prohibits the use or possession of fireworks by a 5 9 minor under eight years of age. The bill also prohibits the 5 10 use or possession of fireworks by a minor 12 to 17 years of 5 11 age unless that minor is in the presence of a parent or 5 12 guardian. A person who violates these provisions commits a 5 13 serious misdemeanor and the offense is included as a 5 14 delinquent act under the juvenile justice code. 5 15 The bill also prohibits the use of fireworks near a church, 5 16 hospital, mental health facility, school, where fireworks are 5 17 stored or sold, or near a gasoline pump or gasoline filling 5 18 station. The bill also prohibits the discharge of fireworks 5 19 within or thrown from or thrown at a motor vehicle, boat, or 5 20 structure or at or near any person or animal. A violation of 5 21 these provisions is punishable pursuant to Code chapter 712, 5 22 which deals with arson. 5 23 The bill restricts the sale of fireworks to the period 5 24 between June 27 and July 5 of any year. 5 25 The bill provides that the state fire marshal shall issue 5 26 permits for the sale of fireworks and adopt rules to 5 27 administer the sale and use of fireworks. Also, the permits 5 28 must be conspicuously displayed in the permit holder's place 5 29 of business along with a sign that states the law concerning 5 30 the use, sale, and possession of fireworks in this state. A 5 31 copy of the law must also be included by the permit holder 5 32 with each fireworks purchase. 5 33 The bill does not restrict the sale of signals, flares, or 5 34 blank cartridges, or apply to the military, national guard, or 5 35 to law enforcement officers. 6 1 LSB 1019SS 80 6 2 ec/cf/24.1
Text: SF00324 Text: SF00326 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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