Amend House File 223, as passed by the House, as follows:
   1.  Page 1, before line 1 by inserting: 
   Section 1.  Section 100.1, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  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. ___.  Section 101A.1, subsection 3, Code 2013, is amended to read as follows:
   3.  “Explosive” means any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion with substantially instantaneous release of gas and heat, unless such compound, mixture, or device is otherwise specifically classified by the United States department of transportation. The term “explosive” includes all materials which are classified as a class 1, division 1.1, 1.2, 1.3, or 1.4 explosive by the United States department of transportation, under 49 C.F.R. § 173.50, and all materials classified as explosive materials under 18 U.S.C. § 841, and includes, but is not limited to, dynamite, black powder, pellet powders, initiating explosives, blasting caps, electric blasting caps, safety fuse, fuse lighters, fuse igniters, squibs, cordeau detonative fuse, instantaneous fuse, igniter cord, igniters, smokeless propellant, cartridges for propellant-actuated power devices, cartridges for industrial guns, and overpressure devices, but does not include “fireworks” as
 
“consumer fireworks”, “display fireworks”, or “novelties” as those terms are defined in section 727.2 or ammunition or small arms primers manufactured for use in shotguns, rifles, and pistols. Commercial explosives are those explosives which are intended to be used in commercial or industrial operations.>
   2.  Page 3, after line 20 by inserting: 
   <Sec. ___.  Section 331.301, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  17.  The board of supervisors may by resolution suspend the use of consumer fireworks, display fireworks, or novelties, as described in section 727.2, if the board determines that the use of such devices would constitute a threat to public safety.
   Sec. ___.  Section 331.304, subsection 9, Code 2013, is amended to read as follows:
   9.  The board, upon application, may grant permits for the display of
 
consumer fireworks, display fireworks, and novelties as provided in section 727.2.
   Sec. ___.  Section 364.2, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  A city council may by resolution suspend the use of consumer fireworks, display fireworks, or novelties, as described in section 727.2, if the city council determines that the use of such devices would constitute a threat to public safety.
   Sec. ___.  Section 461A.42, subsection 2, Code 2013, is amended to read as follows:
   2.  The use of
 
consumer fireworks,
 
display fireworks, and novelties, 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. ___.  Section 727.2, Code 2013, is amended to read as follows:
   727.2  Fireworks.
   1.  For purposes of this section:
   a.  “Consumer fireworks” includes all consumer fireworks enumerated in chapter 3 of the American pyrotechnics association’s standard 87-1, and that comply with the labeling regulations promulgated by the United States consumer product safety commission.
   b.  The term “fireworks”
 
“Display fireworks” includes any explosive composition, or combination of explosive substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, firecrackers, torpedoes, skyrockets, roman candles, or other fireworks of like construction and fireworks containing any explosive or flammable compound, or other device containing any explosive substance. The term “fireworks”
 
“Display fireworks” does not include goldstar-producing sparklers on wires which contain no magnesium or chlorate or perchlorate, flitter sparklers in paper tubes that do not exceed one-eighth of an inch in diameter, toy snakes which contain no mercury, or caps used in cap pistols
 
novelties or consumer fireworks enumerated in chapter 3 of the American pyrotechnics association’s standard 87-1.
   c.  “Novelties” includes all novelties enumerated in chapter 3 of the American pyrotechnics association’s standard 87-1, and that comply with the labeling regulations promulgated by the United States consumer product safety commission.
   2.  A person, firm, partnership, or corporation who offers for sale, exposes for sale, sells at retail, or uses or explodes any
 
display fireworks, commits a simple misdemeanor. In addition to any other penalties, the punishment imposed for a violation of this section shall include assessment of, punishable by a fine of not less than two hundred fifty dollars. However, the
 
a city council of a city or a county board of supervisors may, upon application in writing, grant a permit for the display of
 
display fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals approved by the city or the county board of supervisors when the
 
display fireworks display will be handled by a competent operator, but no such permit shall be required for the display of
 
display fireworks at the Iowa state fairgrounds by the Iowa state fair board, at incorporated county fairs, or at district fairs receiving state aid. Sales of
 
display fireworks for such display may be made for that purpose only.
   3.
  a.  A person who uses or explodes display fireworks while the use of such devices is suspended by a resolution adopted by the county or city in which the firework is used commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars.
   b.  A person who uses or explodes display fireworks while the use of such devices is suspended by an order of the state fire marshal commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars.
   4.
  a.  A person who is at least eighteen years of age or a firm, partnership, or corporation may possess or transfer, offer for sale, expose for sale, or sell at retail to a person who is eighteen years of age or older novelties or consumer fireworks. During the period beginning June 1 and ending August 1 each year, and the period beginning December 15 and ending January 3 each year, a person who is eighteen years of age or older may, without a permit, use or explode novelties or consumer fireworks. However, a city council or a county board of supervisors may, upon application in writing, grant a permit for the display of novelties or consumer fireworks during other times of the year by municipalities, fair associations, amusement parks, and other organizations or groups of individuals approved by the city council or the county board of supervisors when the novelties or consumer fireworks will be handled by a competent operator, but no such permit shall be required for the display of novelties or consumer fireworks at the Iowa state fairgrounds by the Iowa state fair board, at incorporated county fairs, or at district fairs receiving state aid.
   b.  A person, firm, partnership, or corporation who transfers or sells novelties or consumer fireworks to a person who is less than eighteen years of age commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars. A person who is less than eighteen years of age who purchases, possesses, uses, or explodes novelties or consumer fireworks commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars.
   c.
  (1)  A person who uses or explodes novelties or consumer fireworks while the use of such devices is suspended by a resolution adopted by the county or city in which the firework is used commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars.
   (2)  A person who uses or explodes novelties or consumer fireworks while the use of such devices is suspended by an order of the state fire marshal commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars.
   3.

5.
  a.  This section does not prohibit the sale by a resident, dealer, manufacturer, or jobber of such fireworks as are not prohibited by this section, or the sale of any kind of fireworks if they are to be shipped out of the state, or the sale or use of blank cartridges for a show or the theater, or for signal purposes in athletic sports or by railroads or trucks, for signal purposes, or by a recognized military organization.
   b.  This section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes.
   c.  This section does not apply to goldstar-producing sparklers on wires which contain no magnesium or chlorate or perchlorate, flitter sparklers in paper tubes that do not exceed one-eighth of an inch in diameter, toy snakes which contain no mercury, or caps used in cap pistols.>
   3.  Title page, line 1, by striking <concerning> and inserting <relating to fireworks and explosives including the possession, sale, transfer, purchase, and use of fireworks, and the>
   4.  Title page, line 2, after <explosives> by inserting <, and providing penalties>
   5.  By renumbering as necessary.

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JAKE CHAPMAN

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DAVID JOHNSON

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MARK SEGEBART

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BILL ANDERSON

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RICK BERTRAND

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KENT SORENSON

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DENNIS GUTH

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KEN ROZENBOOM

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AMY SINCLAIR

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TIM L. KAPUCIAN

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BRAD ZAUN

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JONI ERNST

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MICHAEL BREITBACH

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DAN ZUMBACH