Senate File 452 - Introduced SENATE FILE 452 BY CELSI A BILL FOR An Act prohibiting the possession, sale, and use of consumer 1 fireworks, providing penalties, and including transition and 2 effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2663XS (2) 88 gh/rn

S.F. 452 Section 1. Section 100.1, subsection 8, Code 2019, is 1 amended to read as follows: 2 8. To order the suspension of the use of consumer fireworks, 3 display fireworks , or novelties, as described in section 727.2 , 4 if the fire marshal determines that the use of such devices 5 would constitute a threat to public safety. 6 Sec. 2. Section 331.301, subsection 17, Code 2019, is 7 amended to read as follows: 8 17. The board of supervisors may by ordinance or resolution 9 prohibit or limit the use of consumer fireworks or display 10 fireworks, as described in section 727.2 , if the board 11 determines that the use of such devices would constitute a 12 threat to public safety or private property, or if the board 13 determines that the use of such devices would constitute a 14 nuisance to neighboring landowners. 15 Sec. 3. Section 364.2, subsection 6, Code 2019, is amended 16 to read as follows: 17 6. A city council may by ordinance or resolution prohibit 18 or limit the use of consumer fireworks, display fireworks , or 19 novelties, as described in section 727.2 . 20 Sec. 4. Section 461A.42, subsection 2, Code 2019, is amended 21 to read as follows: 22 2. The use of consumer fireworks or display fireworks, 23 as defined in section 727.2 , in state parks and preserves is 24 prohibited except as authorized by a permit issued by the 25 department. The commission shall establish, by rule adopted 26 pursuant to chapter 17A , a fireworks permit system which 27 authorizes the issuance of a limited number of permits to 28 qualified persons to use or display fireworks in selected state 29 parks and preserves. 30 Sec. 5. Section 727.2, subsection 1, paragraph a, Code 2019, 31 is amended to read as follows: 32 a. “Consumer fireworks” includes means first-class consumer 33 fireworks and second-class consumer fireworks , as those 34 terms are defined in section 100.19, subsection 1 described 35 -1- LSB 2663XS (2) 88 gh/rn 1/ 3

S.F. 452 in chapter 3 of the American pyrotechnics association’s 1 standard 87-1 . “Consumer fireworks” does not include 2 novelties enumerated in chapter 3 of the American pyrotechnics 3 association’s standard 87-1 or display fireworks enumerated in 4 chapter 4 of the American pyrotechnics association’s standard 5 87-1. 6 Sec. 6. Section 727.2, subsection 3, Code 2019, is amended 7 by striking the subsection and inserting in lieu thereof the 8 following: 9 3. Consumer fireworks. 10 a. The possession, sale, and use of consumer fireworks is 11 prohibited. 12 b. A person who violates this subsection commits a simple 13 misdemeanor. 14 Sec. 7. Section 727.2, subsection 4, Code 2019, is amended 15 by striking the subsection. 16 Sec. 8. REPEAL. Sections 100.19 and 100.19A, Code 2019, 17 are repealed. 18 Sec. 9. TRANSITION PROVISIONS. 19 1. All licensure and registration fees collected under 20 sections 100.19 and 100.19A shall be prorated to June 30, 2019, 21 and that portion of the licensure or registration fee that 22 represents the remaining period of the licensee or registrant, 23 following June 30, 2019, shall be returned to the licensee or 24 registrant. 25 2. Upon repeal of the consumer fireworks fee fund created 26 in section 100.19, the state fire marshal shall transfer any 27 moneys remaining in the fund to the general fund of the state. 28 Sec. 10. EFFECTIVE DATE. This Act, being deemed of 29 immediate importance, takes effect upon enactment. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 Current law permits retailers and community groups to obtain 34 a license to sell fireworks pursuant to Code section 100.19, 35 -2- LSB 2663XS (2) 88 gh/rn 2/ 3

S.F. 452 and permits persons to register as wholesalers for the purpose 1 of reselling consumer fireworks pursuant to Code section 2 100.19A. Current law prescribes limitations on the use of 3 consumer fireworks to specified dates, times, and locations. 4 Current law also allows cities and counties to prohibit or 5 limit the use of consumer fireworks by ordinance or resolution, 6 and allows the department of natural resources to issue permits 7 for the use of consumer fireworks in state parks and preserves. 8 This bill prohibits the possession, sale, and use of 9 consumer fireworks in Iowa. A person who violates the 10 bill commits a simple misdemeanor. A simple misdemeanor is 11 punishable by confinement for no more than 30 days or a fine of 12 at least $65 but not more than $625 or by both. 13 The bill makes conforming changes with respect to the 14 prohibition on consumer fireworks possession, sale, and use, 15 and includes transition provisions. The bill provides that 16 all licensure and registration fees collected by the state 17 fire marshal pursuant to repealed Code sections 100.19 and 18 100.19A shall be prorated, and the portion of such fees that 19 represent the remaining period of the licensee or registrant 20 shall be returned to the licensee or registrant. The bill also 21 provides that the state fire marshal shall, upon the repeal of 22 the consumer fireworks fee fund, transfer any remaining moneys 23 in the fund to the general fund of the state. 24 The bill takes effect upon enactment. 25 -3- LSB 2663XS (2) 88 gh/rn 3/ 3