House
File
2186
-
Introduced
HOUSE
FILE
2186
BY
MASCHER
A
BILL
FOR
An
Act
prohibiting
the
sale
and
use
of
fireworks,
and
making
1
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5675YH
(2)
87
gh/rn
H.F.
2186
Section
1.
Section
100.1,
subsection
4,
paragraph
b,
Code
1
2018,
is
amended
to
read
as
follows:
2
b.
The
storage,
transportation,
handling,
and
use
of
3
flammable
liquids,
combustibles,
fireworks,
and
explosives;
4
Sec.
2.
Section
100.1,
subsection
8,
Code
2018,
is
amended
5
by
striking
the
subsection.
6
Sec.
3.
Section
101A.1,
subsection
3,
Code
2018,
is
amended
7
to
read
as
follows:
8
3.
“Explosive”
means
any
chemical
compound,
mixture
9
or
device,
the
primary
or
common
purpose
of
which
is
to
10
function
by
explosion
with
substantially
instantaneous
11
release
of
gas
and
heat,
unless
such
compound,
mixture,
or
12
device
is
otherwise
specifically
classified
by
the
United
13
States
department
of
transportation.
The
term
“explosive”
14
includes
all
materials
which
are
classified
as
a
class
1,
15
division
1.1,
1.2,
1.3,
or
1.4
explosive
by
the
United
States
16
department
of
transportation,
under
49
C.F.R.
§173.50
,
and
all
17
materials
classified
as
explosive
materials
under
18
U.S.C.
18
§841,
and
includes,
but
is
not
limited
to,
dynamite,
black
19
powder,
pellet
powders,
initiating
explosives,
blasting
caps,
20
electric
blasting
caps,
safety
fuse,
fuse
lighters,
fuse
21
igniters,
squibs,
cordeau
detonative
fuse,
instantaneous
fuse,
22
igniter
cord,
igniters,
smokeless
propellant,
cartridges
for
23
propellant-actuated
power
devices,
cartridges
for
industrial
24
guns,
and
overpressure
devices,
but
does
not
include
“consumer
25
fireworks”
,
“display
fireworks”
,
or
“novelties”
as
those
terms
26
are
“fireworks”
as
defined
in
section
727.2
or
ammunition
or
27
small
arms
primers
manufactured
for
use
in
shotguns,
rifles,
28
and
pistols.
Commercial
explosives
are
those
explosives
which
29
are
intended
to
be
used
in
commercial
or
industrial
operations.
30
Sec.
4.
Section
331.301,
subsection
17,
Code
2018,
is
31
amended
by
striking
the
subsection.
32
Sec.
5.
Section
331.304,
subsection
8,
Code
2018,
is
amended
33
to
read
as
follows:
34
8.
The
board,
upon
application,
may
grant
permits
for
the
35
-1-
LSB
5675YH
(2)
87
gh/rn
1/
4
H.F.
2186
use
of
display
of
fireworks
as
provided
in
section
727.2
.
1
Sec.
6.
Section
364.2,
subsection
6,
Code
2018,
is
amended
2
by
striking
the
subsection.
3
Sec.
7.
Section
461A.42,
subsection
2,
Code
2018,
is
amended
4
to
read
as
follows:
5
2.
The
use
of
consumer
fireworks
or
display
fireworks,
6
as
defined
in
section
727.2
,
in
state
parks
and
preserves
is
7
prohibited
except
as
authorized
by
a
permit
issued
by
the
8
department.
The
commission
shall
establish,
by
rule
adopted
9
pursuant
to
chapter
17A
,
a
fireworks
permit
system
which
10
authorizes
the
issuance
of
a
limited
number
of
permits
to
11
qualified
persons
to
use
or
display
fireworks
in
selected
state
12
parks
and
preserves.
13
Sec.
8.
Section
727.2,
Code
2018,
is
amended
by
striking
the
14
section
and
inserting
in
lieu
thereof
the
following:
15
727.2
Fireworks.
16
1.
The
term
“fireworks”
includes
any
explosive
composition,
17
or
combination
of
explosive
substances,
or
article
prepared
18
for
the
purpose
of
producing
a
visible
or
audible
effect
19
by
combustion,
explosion,
deflagration,
or
detonation,
and
20
includes
blank
cartridges,
firecrackers,
torpedoes,
skyrockets,
21
roman
candles,
or
other
fireworks
of
like
construction
and
22
fireworks
containing
any
explosive
or
flammable
compound,
or
23
other
device
containing
any
explosive
substance.
The
term
24
“fireworks”
does
not
include
goldstar-producing
sparklers
on
25
wires
which
contain
no
magnesium
or
chlorate
or
perchlorate,
26
flitter
sparklers
in
paper
tubes
that
do
not
exceed
one-eighth
27
of
an
inch
in
diameter,
toy
snakes
which
contain
no
mercury,
or
28
caps
used
in
cap
pistols.
29
2.
A
person,
firm,
partnership,
or
corporation
who
offers
30
for
sale,
exposes
for
sale,
sells
at
retail,
or
uses
or
31
explodes
any
fireworks,
commits
a
simple
misdemeanor.
In
32
addition
to
any
other
penalties,
the
punishment
imposed
for
33
a
violation
of
this
section
shall
include
assessment
of
a
34
fine
of
not
less
than
two
hundred
fifty
dollars.
However,
35
-2-
LSB
5675YH
(2)
87
gh/rn
2/
4
H.F.
2186
the
council
of
a
city
or
a
county
board
of
supervisors
may,
1
upon
application
in
writing,
grant
a
permit
for
the
display
2
of
fireworks
by
municipalities,
fair
associations,
amusement
3
parks,
and
other
organizations
or
groups
of
individuals
4
approved
by
the
city
or
the
county
board
of
supervisors
when
5
the
fireworks
display
will
be
handled
by
a
competent
operator,
6
but
no
such
permit
shall
be
required
for
the
display
of
7
fireworks
at
the
Iowa
state
fairgrounds
by
the
Iowa
state
fair
8
board,
at
incorporated
county
fairs,
or
at
district
fairs
9
receiving
state
aid.
Sales
of
fireworks
for
such
display
may
10
be
made
for
that
purpose
only.
11
3.
a.
This
section
does
not
prohibit
the
sale
by
a
12
resident,
dealer,
manufacturer,
or
jobber
of
such
fireworks
as
13
are
not
prohibited
by
this
section,
or
the
sale
of
any
kind
14
of
fireworks
if
they
are
to
be
shipped
out
of
the
state,
or
15
the
sale
or
use
of
blank
cartridges
for
a
show
or
the
theater,
16
or
for
signal
purposes
in
athletic
sports
or
by
railroads
17
or
trucks,
for
signal
purposes,
or
by
a
recognized
military
18
organization.
19
b.
This
section
does
not
apply
to
any
substance
or
20
composition
prepared
and
sold
for
medicinal
or
fumigation
21
purposes.
22
Sec.
9.
REPEAL.
Sections
100.19
and
100.19A,
Code
2018,
23
are
repealed.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
prohibits
the
sale
and
use
of
fireworks.
28
Current
law
allows
a
person
to
obtain
a
license
to
sell
29
consumer
fireworks
in
the
state,
in
accordance
with
rules
30
established
by
the
state
fire
marshal.
The
state
fire
marshal
31
is
required
to
enforce
all
laws
and
rules
related
to
the
32
regulation
of
fireworks.
A
person
may
possess
or
use
specified
33
fireworks
subject
to
certain
limitations.
However,
counties
34
and
cities
may
prohibit
or
limit
the
use
of
fireworks
by
35
-3-
LSB
5675YH
(2)
87
gh/rn
3/
4
H.F.
2186
ordinance
or
resolution.
1
The
bill
removes
provisions
applicable
to
the
state
fire
2
marshal
relating
to
the
regulation
of
fireworks.
The
bill
3
repeals
Code
sections
100.19
and
100.19A,
relating
to
the
4
licensure
and
registration
of
consumer
fireworks
sellers
and
5
wholesalers.
6
The
bill
removes
provisions
allowing
counties
and
cities
7
to
prohibit
or
limit
the
use
of
fireworks
by
ordinance
or
8
resolution.
9
The
bill
removes
provisions
allowing
a
person
to
possess
10
and
use
certain
fireworks.
The
bill
prohibits
a
person,
firm,
11
partnership,
or
corporation
from
selling,
exposing
for
sale,
12
selling
at
retail,
or
using
or
exploding
any
firework,
as
13
defined
in
the
bill.
The
bill
provides,
however,
that
a
county
14
board
of
supervisors
or
the
department
of
natural
resources
may
15
grant
a
permit
for
the
display
of
fireworks
if
such
display
16
will
be
handled
by
a
competent
operator.
17
A
person
who
violates
the
bill
commits
a
simple
misdemeanor.
18
A
simple
misdemeanor
is
punishable
by
confinement
for
no
more
19
than
30
days
or
a
fine
of
at
least
$65
but
not
more
than
$625
or
20
by
both.
In
addition,
a
person
who
violates
the
bill
shall
be
21
subject
to
an
assessment
of
at
least
$250.
22
-4-
LSB
5675YH
(2)
87
gh/rn
4/
4