House File 2785 - Introduced
HOUSE FILE
BY COMMITTEE ON WAYS AND MEANS
(SUCCESSOR TO HF 2668)
(SUCCESSOR TO HF 2254)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the licensure of operators authorized to use
2 and explode fireworks and making penalties applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5496HZ 81
5 ec/gg/14
PAG LIN
1 1 Section 1. NEW SECTION. 101B.1 FIREWORKS OPERATOR
1 2 LICENSE.
1 3 The state fire marshal shall provide for the issuance of
1 4 fireworks operator licenses to eligible persons. Licenses
1 5 shall be issued for a period not to exceed one year and may be
1 6 issued for shorter periods. The state fire marshal shall
1 7 adopt rules governing criteria for the issuance and renewal of
1 8 a license, the license fee, and for the revocation or
1 9 suspension of a license. The license fee shall be reasonably
1 10 related to the costs to the state fire marshal for
1 11 administering this section and fees received shall be retained
1 12 by the state fire marshal for this purpose.
1 13 Sec. 2. Section 461A.42, subsection 2, Code 2005, is
1 14 amended to read as follows:
1 15 2. The use of fireworks, as defined in section 727.2, in
1 16 state parks and preserves is prohibited except as authorized
1 17 by a permit issued by the department. The commission shall
1 18 establish, by rule adopted pursuant to chapter 17A, a
1 19 fireworks permit system which authorizes the issuance of a
1 20 limited number of permits to qualified persons with a
1 21 fireworks operator license issued pursuant to section 101B.1
1 22 to use or display fireworks in selected state parks and
1 23 preserves. A person violating this subsection is guilty of a
1 24 simple misdemeanor. In addition to any other penalties, the
1 25 punishment imposed for a violation of this subsection shall
1 26 include assessment of a fine of not less than two hundred
1 27 fifty dollars. The court shall order restitution if any
1 28 damages were caused by the violation which may include, but is
1 29 not limited to, community service.
1 30 Sec. 3. Section 727.2, unnumbered paragraph 2, Code 2005,
1 31 is amended to read as follows:
1 32 A person, firm, copartnership, or corporation who offers
1 33 for sale, exposes for sale, sells at retail, or uses or
1 34 explodes any fireworks, commits a simple misdemeanor. In
1 35 addition to any other penalties, the punishment imposed for a
2 1 violation of this section shall include assessment of a fine
2 2 of not less than two hundred fifty dollars. However, the
2 3 council of a city or a county board of supervisors may, upon
2 4 application in writing, grant a permit for the display of
2 5 fireworks by municipalities, fair associations, amusement
2 6 parks, and other organizations or groups of individuals
2 7 approved by the city or the county board of supervisors when
2 8 the fireworks display will be handled by a competent operator,
2 9 but no such with a fireworks operator license issued pursuant
2 10 to section 101B.1. A permit shall not be required for the
2 11 display of fireworks at the Iowa state fairgrounds by the Iowa
2 12 state fair board, at incorporated county fairs, or at district
2 13 fairs receiving state aid except that the display of fireworks
2 14 shall be handled by an operator with a fireworks operator
2 15 license issued pursuant to section 101B.1. Sales of fireworks
2 16 for such display may be made for that purpose only.
2 17 EXPLANATION
2 18 This bill establishes a fireworks operator license to be
2 19 issued by the state fire marshal which authorizes the holder
2 20 to use or detonate fireworks as authorized by law. The bill
2 21 provides that licenses shall be issued for no longer than one
2 22 year. The bill provides that the state fire marshal shall
2 23 adopt rules governing the issuance of the license, the fee for
2 24 the license, and provisions for the revocation or suspension
2 25 of a license. The bill provides that the fee charged shall be
2 26 retained by the state fire marshal for administering this new
2 27 provision.
2 28 The bill provides that entities otherwise authorized to
2 29 allow the display of fireworks shall only permit the display
2 30 to be conducted by a person with a fireworks operator license.
2 31 Code section 461A.42, which permits the use of fireworks in
2 32 state parks and preserves under certain circumstances, is
2 33 amended to provide that any person authorized to use and
2 34 explode fireworks shall have a fireworks operator license.
2 35 Code section 727.2, which authorizes fireworks displays for
3 1 fairs or if allowed by the applicable city or county, is also
3 2 amended to provide that any person authorized to use and
3 3 explode fireworks shall have a fireworks operator license. A
3 4 violation of this section concerning fireworks is a simple
3 5 misdemeanor and subjects the violator to a fine of not less
3 6 than $250.
3 7 LSB 5496HZ 81
3 8 ec:nh/gg/14