House File 355 - Introduced



                                       HOUSE FILE       
                                       BY  COHOON


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act concerning fireworks by providing for the licensure of
  2    operators authorized to use and explode fireworks, permitting
  3    fees for fire protection services related to fireworks
  4    displays, and making penalties applicable and providing an
  5    effective date.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 2311HH 82
  8 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 2007, 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 2007,
  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.  In addition, as a condition of granting a
  2 11 permit, the council of a city or a county board of supervisors
  2 12 may requirement payment of a reasonable fee for fire
  2 13 protection services related to the fireworks display.  A
  2 14 permit shall not be required for the display of fireworks at
  2 15 the Iowa state fairgrounds by the Iowa state fair board, at
  2 16 incorporated county fairs, or at district fairs receiving
  2 17 state aid except that the display of fireworks shall be
  2 18 handled by an operator with a fireworks operator license
  2 19 issued pursuant to section 101B.1.  Sales of fireworks for
  2 20 such display may be made for that purpose only.
  2 21    Sec. 4.  EFFECTIVE DATE.  This Act takes effect January 1,
  2 22 2008.
  2 23                           EXPLANATION
  2 24    This bill establishes a fireworks operator license to be
  2 25 issued by the state fire marshal which authorizes the holder
  2 26 to use or detonate fireworks as authorized by law.  The bill
  2 27 provides that licenses shall be issued for no longer than one
  2 28 year.  The bill provides that the state fire marshal shall
  2 29 adopt rules governing the issuance of the license, the fee for
  2 30 the license, and provisions for the revocation or suspension
  2 31 of a license.  The bill provides that the fee charged shall be
  2 32 retained by the state fire marshal for administering this new
  2 33 provision.
  2 34    The bill provides that entities otherwise authorized to
  2 35 allow the display of fireworks shall only permit the display
  3  1 to be conducted by a person with a fireworks operator license.
  3  2    Code section 461A.42, which permits the use of fireworks in
  3  3 state parks and preserves under certain circumstances, is
  3  4 amended to provide that any person authorized to use and
  3  5 explode fireworks shall have a fireworks operator license.
  3  6    Code section 727.2, which authorizes fireworks displays for
  3  7 fairs or if allowed by the applicable city or county, is also
  3  8 amended to provide that any person authorized to use and
  3  9 explode fireworks shall have a fireworks operator license.  In
  3 10 addition, the bill provides that a city or county granting a
  3 11 permit for a fireworks display may require payment of a
  3 12 reasonable fee for fire protection services related to the
  3 13 display.  A violation of this section concerning fireworks is
  3 14 a simple misdemeanor and subjects the violator to a fine of
  3 15 not less than $250.
  3 16    This bill takes effect January 1, 2008.
  3 17 LSB 2311HH 82
  3 18 ec:nh/gg/14.1