HF 223 (LSB 1336HV (2) 85)

HOUSE FILE 223

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HF 12)

A BILL FOR

An Act concerning issuance of a license or users permit for specified activities regarding explosives.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 101A.2, Code 2013, is amended to read as follows:
   101A.2  Commercial license —— how issued —— violation.
   1.  The state fire marshal shall issue commercial licenses for the manufacture, importation, distribution, sale, and commercial use of explosives to persons who, in the state fire marshal’s discretion are of good character and sound judgment, and have sufficient knowledge of the use, handling, and storage of explosive materials to protect the public safety. Licenses shall be issued for a period of one year
 
three years, but may be issued for shorter periods, and may be revoked or suspended by the state fire marshal for any of the following reasons:
   a.  Falsification of information submitted in the application for a license.
   b.  Proof that the licensee has violated any provisions of this chapter or any rules prescribed by the state fire marshal pursuant to the provisions of this chapter.
   c.  The results of a national criminal history check conducted pursuant to subsection 3.
   2.  Licenses shall be issued by the state fire marshal upon payment of a fee of sixty dollars, valid for a period of one
 
three calendar year
 
years, commencing on January 1
 
of the first year and terminating on December 31; however
 
of the third year. However, an initial license may be issued during any
 
a calendar year for the number of months remaining in such calendar year
 
and the following two years, computed to the first day of the month when the application for the license is approved. The license fee shall be charged on a pro rata basis for the number of months remaining in the year
 
period of issue. Applications for renewal of licenses shall be submitted within thirty days prior to the license expiration date and shall be accompanied by payment of the prescribed annual fee.
   3.  Prior to the issuance of a license pursuant to this chapter, an applicant shall be subject to a national criminal history check through the federal bureau of investigation. The applicant shall provide fingerprints to the department of public safety for submission through the state criminal history repository to the federal bureau of investigation. Upon application for renewal of a license, the national criminal history check shall be repeated to determine the occurrence of criminal violations occurring during the previous period of licensure. Fees for the national criminal history check shall be paid by the applicant or the applicant’s employer. The results of a criminal history check conducted pursuant to this subsection shall be considered a confidential record under chapter 22.
   3.

4.  Except as permitted in section 101A.3 and sections 101A.9 to 101A.11, it shall be unlawful for any person to willfully manufacture, import, store, detonate, sell, or otherwise transfer any explosive materials unless such person is the holder of a valid license issued pursuant to this section.
   4.

5.  Commercial dealers having a federal firearms license shall be exempt from the requirement or the commercial license requirement of this chapter for importation, distribution, sale, transportation, storage and possession of smokeless powder propellants or black sporting powder propellants provided that such dealer must conform and comply to rules, or ordinances of federal, state, or city authorities having jurisdiction of such powder.
    Sec. 2.  Section 101A.3, subsection 1, Code 2013, is amended to read as follows:
   1.  User’s permits to purchase, possess, transport, store, and detonate explosive materials shall be issued by the sheriff of the county or the chief of police of a city of ten thousand population or more where the possession and detonation will occur. If the possession and detonation are to occur in more than one county or city, then such permits must be issued by the sheriff or chief of police of each of such counties or cities, except in counties and cities in which the explosives are possessed for the sole purpose of transporting them through such counties and cities. A permit shall not be issued unless the sheriff or chief of police having jurisdiction is satisfied that possession and detonation of explosive materials is necessary to the applicant’s business or to improve the applicant’s property. Permits shall be issued only to persons who, in the discretion of the sheriff or chief of police, are of good character and sound judgment, and have sufficient knowledge of the use and handling of explosive materials to protect the public safety.

Applicants shall be subject to the criminal history check provisions of section 101A.2, subsection 3. The state fire marshal shall prescribe, have printed, and distribute permit application forms to all local permit issuing authorities.
    Sec. 3.  Section 101A.14, subsection 1, Code 2013, is amended to read as follows:
   1.  Any person who violates the provisions of section 101A.2, subsection 3
 
4, or section 101A.3, subsection 4, commits a public offense and, upon conviction, shall be guilty of a class “C” felony.
EXPLANATION
   This bill concerns licensing and permitting requirements applicable to explosives.
   The bill changes the current period of licensure from one to three years. The bill additionally provides that prior to the issuance or renewal of a license, or issuance of a user’s permit, an applicant shall be subject to a national criminal history check through the federal bureau of investigation. The bill specifies that fees for the national criminal history check shall be paid by the applicant or the applicant’s employer, and that the results shall be considered a confidential record under Code chapter 22. The bill further provides that the results of the national criminal history check may be reason for the state fire marshal to revoke or suspend a license and, by operation of law, an explosive materials user’s permit by the issuer of the permit.