House File 396 - Introduced HOUSE FILE 396 BY GUSTOFF A BILL FOR An Act relating to the sale and use of consumer fireworks. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1873YH (2) 90 es/rn
H.F. 396 Section 1. Section 100.19, subsection 4, paragraph c, 1 subparagraphs (1) and (2), Code 2023, are amended to read as 2 follows: 3 (1) At a permanent building that meets the requirements of 4 paragraph “a” , between June 1 and July 8 and between December 10 5 and January 3 each year, all dates inclusive . 6 (2) At a temporary structure that meets the requirements of 7 paragraph “a” between June 13 and July 8 each year, both dates 8 inclusive . 9 Sec. 2. Section 727.2, subsection 4, Code 2023, is amended 10 to read as follows: 11 4. Limitations. 12 a. A person shall not use or explode consumer fireworks on 13 days other than June 1 through July 8 , the general election 14 on the first Tuesday after the first Monday in November of 15 even-numbered years, and December 10 through January 3 of each 16 year, all dates inclusive. 17 b. A person shall not use or explode consumer fireworks at 18 times other than between the hours of 9:00 a.m. and 10:00 p.m., 19 except that on the following dates consumer fireworks shall not 20 be used at times other than between the hours specified: 21 (1) Between the hours of 9:00 a.m. and 11:00 p.m. on July 22 4 and the Saturdays and Sundays immediately preceding and 23 following July 4. 24 (2) Between the hours of 9:00 a.m. and 10:00 p.m. on the 25 date of the general election on the first Tuesday after the 26 first Monday in November of even-numbered years. 27 (2) (3) Between the hours of 9:00 a.m. on December 31 and 28 12:30 a.m. on the immediately following day. 29 (3) (4) Between the hours of 9:00 a.m. and 11:00 p.m. on 30 the Saturdays and Sundays immediately preceding and following 31 December 31. 32 c. A person shall not use consumer fireworks on real 33 property other than that person’s real property or on the real 34 property of a person who has consented to the use of consumer 35 -1- LSB 1873YH (2) 90 es/rn 1/ 2
H.F. 396 fireworks on that property. 1 d. A person who violates this subsection commits a simple 2 misdemeanor. A court shall not order imprisonment for 3 violation of this subsection . 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 The bill relates to limitations on the sale and use of 8 consumer fireworks. 9 The bill allows for consumer fireworks to be sold at any time 10 throughout the year. Current law prohibits the sale of such 11 fireworks in the state on dates other than between June 1 and 12 July 8 and between December 10 and January 3 for a permanent 13 structure and between June 13 and July 8 for a temporary 14 structure. 15 The bill allows for the use or explosion of consumer 16 fireworks on the date of the general election, or the first 17 Tuesday after the first Monday in November of even-numbered 18 years, between the hours of 9:00 a.m. and 10:00 p.m. 19 -2- LSB 1873YH (2) 90 es/rn 2/ 2