HF 396 (LSB 1873YH (2) 90)

HOUSE FILE 396

BY  GUSTOFF

A BILL FOR

An Act relating to the sale and use of consumer fireworks.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 100.19, subsection 4, paragraph c, subparagraphs (1) and (2), Code 2023, are amended to read as follows:
   (1)  At a permanent building that meets the requirements of paragraph “a”, between June 1 and July 8 and between December 10 and January 3 each year, all dates inclusive.
   (2)  At a temporary structure that meets the requirements of paragraph “a” between June 13 and July 8 each year, both dates inclusive.
    Sec. 2.  Section 727.2, subsection 4, Code 2023, is amended to read as follows:
   4.  Limitations.
   a.  A person shall not use or explode consumer fireworks on days other than June 1 through July 8, the general election on the first Tuesday after the first Monday in November of even-numbered years, and December 10 through January 3 of each year, all dates inclusive.
   b.  A person shall not use or explode consumer fireworks at times other than between the hours of 9:00 a.m. and 10:00 p.m., except that on the following dates consumer fireworks shall not be used at times other than between the hours specified:
   (1)  Between the hours of 9:00 a.m. and 11:00 p.m. on July 4 and the Saturdays and Sundays immediately preceding and following July 4.
   (2)  Between the hours of 9:00 a.m. and 10:00 p.m. on the date of the general election on the first Tuesday after the first Monday in November of even-numbered years.
   (2)  (3)  Between the hours of 9:00 a.m. on December 31 and 12:30 a.m. on the immediately following day.
   (3)  (4)  Between the hours of 9:00 a.m. and 11:00 p.m. on the Saturdays and Sundays immediately preceding and following December 31.
   c.  A person shall not use consumer fireworks on real property other than that person’s real property or on the real property of a person who has consented to the use of consumer fireworks on that property.
   d.  A person who violates this subsection commits a simple misdemeanor. A court shall not order imprisonment for violation of this subsection.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   The bill relates to limitations on the sale and use of consumer fireworks.
   The bill allows for consumer fireworks to be sold at any time throughout the year. Current law prohibits the sale of such fireworks in the state on dates other than between June 1 and July 8 and between December 10 and January 3 for a permanent structure and between June 13 and July 8 for a temporary structure.
   The bill allows for the use or explosion of consumer fireworks on the date of the general election, or the first Tuesday after the first Monday in November of even-numbered years, between the hours of 9:00 a.m. and 10:00 p.m.