House File 223 S-3130 Amend House File 223, as passed by the House, as 1 follows: 2 1. Page 1, before line 1 by inserting: 3 < Section 1. Section 100.1, Code 2013, is amended by 4 adding the following new subsection: 5 NEW SUBSECTION . 8. To order the suspension of 6 the use of consumer fireworks, display fireworks, or 7 novelties, as described in section 727.2, if the fire 8 marshal determines that the use of such devices would 9 constitute a threat to public safety. 10 Sec. ___. Section 101A.1, subsection 3, Code 2013, 11 is amended to read as follows: 12 3. “Explosive” means any chemical compound, mixture 13 or device, the primary or common purpose of which is to 14 function by explosion with substantially instantaneous 15 release of gas and heat, unless such compound, mixture, 16 or device is otherwise specifically classified by 17 the United States department of transportation. The 18 term “explosive” includes all materials which are 19 classified as a class 1, division 1.1, 1.2, 1.3, 20 or 1.4 explosive by the United States department of 21 transportation, under 49 C.F.R. § 173.50, and all 22 materials classified as explosive materials under 18 23 U.S.C. § 841, and includes, but is not limited to, 24 dynamite, black powder, pellet powders, initiating 25 explosives, blasting caps, electric blasting caps, 26 safety fuse, fuse lighters, fuse igniters, squibs, 27 cordeau detonative fuse, instantaneous fuse, igniter 28 cord, igniters, smokeless propellant, cartridges for 29 propellant-actuated power devices, cartridges for 30 industrial guns, and overpressure devices, but does not 31 include “fireworks” as “consumer fireworks” , “display 32 fireworks” , or “novelties” as those terms are defined 33 in section 727.2 or ammunition or small arms primers 34 manufactured for use in shotguns, rifles, and pistols. 35 Commercial explosives are those explosives which 36 are intended to be used in commercial or industrial 37 operations. > 38 2. Page 3, after line 20 by inserting: 39 < Sec. ___. Section 331.301, Code 2013, is amended 40 by adding the following new subsection: 41 NEW SUBSECTION . 17. The board of supervisors may 42 by resolution suspend the use of consumer fireworks, 43 display fireworks, or novelties, as described in 44 section 727.2, if the board determines that the use 45 of such devices would constitute a threat to public 46 safety. 47 Sec. ___. Section 331.304, subsection 9, Code 2013, 48 is amended to read as follows: 49 9. The board, upon application, may grant permits 50 -1- HF223.1504 (2) 85 rn/nh 1/ 6 #1. #2.

for the display of consumer fireworks , display 1 fireworks, and novelties as provided in section 727.2 . 2 Sec. ___. Section 364.2, Code 2013, is amended by 3 adding the following new subsection: 4 NEW SUBSECTION . 6. A city council may by 5 resolution suspend the use of consumer fireworks, 6 display fireworks, or novelties, as described in 7 section 727.2, if the city council determines that the 8 use of such devices would constitute a threat to public 9 safety. 10 Sec. ___. Section 461A.42, subsection 2, Code 2013, 11 is amended to read as follows: 12 2. The use of consumer fireworks, display 13 fireworks, and novelties, as defined in section 727.2 , 14 in state parks and preserves is prohibited except as 15 authorized by a permit issued by the department. The 16 commission shall establish, by rule adopted pursuant 17 to chapter 17A , a fireworks permit system which 18 authorizes the issuance of a limited number of permits 19 to qualified persons to use or display fireworks in 20 selected state parks and preserves. 21 Sec. ___. Section 727.2, Code 2013, is amended to 22 read as follows: 23 727.2 Fireworks. 24 1. For purposes of this section: 25 a. “Consumer fireworks” includes all consumer 26 fireworks enumerated in chapter 3 of the American 27 pyrotechnics association’s standard 87-1, and that 28 comply with the labeling regulations promulgated by the 29 United States consumer product safety commission. 30 b. The term “fireworks” “Display fireworks” includes 31 any explosive composition, or combination of explosive 32 substances, or article prepared for the purpose of 33 producing a visible or audible effect by combustion, 34 explosion, deflagration, or detonation, and includes 35 blank cartridges, firecrackers, torpedoes, skyrockets, 36 roman candles, or other fireworks of like construction 37 and fireworks containing any explosive or flammable 38 compound, or other device containing any explosive 39 substance. The term “fireworks” “Display fireworks” 40 does not include goldstar-producing sparklers on wires 41 which contain no magnesium or chlorate or perchlorate, 42 flitter sparklers in paper tubes that do not exceed 43 one-eighth of an inch in diameter, toy snakes which 44 contain no mercury, or caps used in cap pistols 45 novelties or consumer fireworks enumerated in chapter 46 3 of the American pyrotechnics association’s standard 47 87-1 . 48 c. “Novelties” includes all novelties enumerated in 49 chapter 3 of the American pyrotechnics association’s 50 -2- HF223.1504 (2) 85 rn/nh 2/ 6

standard 87-1, and that comply with the labeling 1 regulations promulgated by the United States consumer 2 product safety commission. 3 2. A person, firm, partnership, or corporation who 4 offers for sale, exposes for sale, sells at retail, 5 or uses or explodes any display fireworks, commits 6 a simple misdemeanor . In addition to any other 7 penalties, the punishment imposed for a violation of 8 this section shall include assessment of , punishable 9 by a fine of not less than two hundred fifty dollars. 10 However, the a city council of a city or a county 11 board of supervisors may, upon application in writing, 12 grant a permit for the display of display fireworks by 13 municipalities, fair associations, amusement parks, 14 and other organizations or groups of individuals 15 approved by the city or the county board of supervisors 16 when the display fireworks display will be handled 17 by a competent operator, but no such permit shall be 18 required for the display of display fireworks at the 19 Iowa state fairgrounds by the Iowa state fair board, 20 at incorporated county fairs, or at district fairs 21 receiving state aid. Sales of display fireworks for 22 such display may be made for that purpose only. 23 3. a. A person who uses or explodes display 24 fireworks while the use of such devices is suspended 25 by a resolution adopted by the county or city in which 26 the firework is used commits a simple misdemeanor, 27 punishable by a fine of not less than two hundred fifty 28 dollars. 29 b. A person who uses or explodes display fireworks 30 while the use of such devices is suspended by an order 31 of the state fire marshal commits a simple misdemeanor, 32 punishable by a fine of not less than two hundred fifty 33 dollars. 34 4. a. A person who is at least eighteen years of 35 age or a firm, partnership, or corporation may possess 36 or transfer, offer for sale, expose for sale, or sell 37 at retail to a person who is eighteen years of age 38 or older novelties or consumer fireworks. During the 39 period beginning June 1 and ending August 1 each year, 40 and the period beginning December 15 and ending January 41 3 each year, a person who is eighteen years of age or 42 older may, without a permit, use or explode novelties 43 or consumer fireworks. However, a city council or a 44 county board of supervisors may, upon application in 45 writing, grant a permit for the display of novelties 46 or consumer fireworks during other times of the year 47 by municipalities, fair associations, amusement parks, 48 and other organizations or groups of individuals 49 approved by the city council or the county board of 50 -3- HF223.1504 (2) 85 rn/nh 3/ 6

supervisors when the novelties or consumer fireworks 1 will be handled by a competent operator, but no such 2 permit shall be required for the display of novelties 3 or consumer fireworks at the Iowa state fairgrounds 4 by the Iowa state fair board, at incorporated county 5 fairs, or at district fairs receiving state aid. 6 b. A person, firm, partnership, or corporation who 7 transfers or sells novelties or consumer fireworks to 8 a person who is less than eighteen years of age commits 9 a simple misdemeanor, punishable by a fine of not less 10 than two hundred fifty dollars. A person who is less 11 than eighteen years of age who purchases, possesses, 12 uses, or explodes novelties or consumer fireworks 13 commits a simple misdemeanor, punishable by a fine of 14 not less than two hundred fifty dollars. 15 c. (1) A person who uses or explodes novelties 16 or consumer fireworks while the use of such devices 17 is suspended by a resolution adopted by the county or 18 city in which the firework is used commits a simple 19 misdemeanor, punishable by a fine of not less than two 20 hundred fifty dollars. 21 (2) A person who uses or explodes novelties or 22 consumer fireworks while the use of such devices is 23 suspended by an order of the state fire marshal commits 24 a simple misdemeanor, punishable by a fine of not less 25 than two hundred fifty dollars. 26 3. 5. a. This section does not prohibit the sale 27 by a resident, dealer, manufacturer, or jobber of such 28 fireworks as are not prohibited by this section , or 29 the sale of any kind of fireworks if they are to be 30 shipped out of the state, or the sale or use of blank 31 cartridges for a show or the theater, or for signal 32 purposes in athletic sports or by railroads or trucks, 33 for signal purposes, or by a recognized military 34 organization. 35 b. This section does not apply to any substance 36 or composition prepared and sold for medicinal or 37 fumigation purposes. 38 c. This section does not apply to 39 goldstar-producing sparklers on wires which contain no 40 magnesium or chlorate or perchlorate, flitter sparklers 41 in paper tubes that do not exceed one-eighth of an inch 42 in diameter, toy snakes which contain no mercury, or 43 caps used in cap pistols. > 44 3. Title page, line 1, by striking < concerning > 45 and inserting < relating to fireworks and explosives 46 including the possession, sale, transfer, purchase, and 47 use of fireworks, and the > 48 4. Title page, line 2, after < explosives > by 49 inserting < , and providing penalties > 50 -4- HF223.1504 (2) 85 rn/nh 4/ 6 #3.

5. By renumbering as necessary. 1 ______________________________ JAKE CHAPMAN ______________________________ DAVID JOHNSON ______________________________ MARK SEGEBART ______________________________ BILL ANDERSON ______________________________ RICK BERTRAND ______________________________ KENT SORENSON ______________________________ DENNIS GUTH ______________________________ KEN ROZENBOOM ______________________________ AMY SINCLAIR ______________________________ TIM L. KAPUCIAN ______________________________ BRAD ZAUN ______________________________ JONI ERNST -5- HF223.1504 (2) 85 rn/nh 5/ 6 #5.