Senate File 452 - IntroducedA Bill ForAn Act 1prohibiting the possession, sale, and use of consumer
2fireworks, providing penalties, and including transition and
3effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 100.1, subsection 8, Code 2019, is
2amended to read as follows:
   38.  To order the suspension of the use of consumer fireworks,
4 display fireworks, or novelties, as described in section 727.2,
5if the fire marshal determines that the use of such devices
6would constitute a threat to public safety.
7   Sec. 2.  Section 331.301, subsection 17, Code 2019, is
8amended to read as follows:
   917.  The board of supervisors may by ordinance or resolution
10prohibit or limit the use of consumer fireworks or display
11fireworks, as described in section 727.2, if the board
12determines that the use of such devices would constitute a
13threat to public safety or private property, or if the board
14determines that the use of such devices would constitute a
15nuisance to neighboring landowners.
16   Sec. 3.  Section 364.2, subsection 6, Code 2019, is amended
17to read as follows:
   186.  A city council may by ordinance or resolution prohibit
19or limit the use of consumer fireworks, display fireworks, or
20novelties, as described in section 727.2.
21   Sec. 4.  Section 461A.42, subsection 2, Code 2019, is amended
22to read as follows:
   232.  The use of consumer fireworks or display fireworks,
24as defined in section 727.2, in state parks and preserves is
25prohibited except as authorized by a permit issued by the
26department. The commission shall establish, by rule adopted
27pursuant to chapter 17A, a fireworks permit system which
28authorizes the issuance of a limited number of permits to
29qualified persons to use or display fireworks in selected state
30parks and preserves.
31   Sec. 5.  Section 727.2, subsection 1, paragraph a, Code 2019,
32is amended to read as follows:
   33a.  “Consumer fireworks” includes means first-class consumer
34fireworks and second-class consumer fireworks, as those
35terms are defined in section 100.19, subsection 1
 described
-1-1in chapter 3 of the American pyrotechnics association’s
2standard 87-1
. “Consumer fireworks” does not include
3novelties enumerated in chapter 3 of the American pyrotechnics
4association’s standard 87-1 or display fireworks enumerated in
5chapter 4 of the American pyrotechnics association’s standard
687-1.
7   Sec. 6.  Section 727.2, subsection 3, Code 2019, is amended
8by striking the subsection and inserting in lieu thereof the
9following:
   103.  Consumer fireworks.
   11a.  The possession, sale, and use of consumer fireworks is
12prohibited.
   13b.  A person who violates this subsection commits a simple
14misdemeanor.
15   Sec. 7.  Section 727.2, subsection 4, Code 2019, is amended
16by striking the subsection.
17   Sec. 8.  REPEAL.  Sections 100.19 and 100.19A, Code 2019,
18are repealed.
19   Sec. 9.  TRANSITION PROVISIONS.
   201.  All licensure and registration fees collected under
21sections 100.19 and 100.19A shall be prorated to June 30, 2019,
22and that portion of the licensure or registration fee that
23represents the remaining period of the licensee or registrant,
24following June 30, 2019, shall be returned to the licensee or
25registrant.
   262.  Upon repeal of the consumer fireworks fee fund created
27in section 100.19, the state fire marshal shall transfer any
28moneys remaining in the fund to the general fund of the state.
29   Sec. 10.  EFFECTIVE DATE.  This Act, being deemed of
30immediate importance, takes effect upon enactment.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
   34Current law permits retailers and community groups to obtain
35a license to sell fireworks pursuant to Code section 100.19,
-2-1and permits persons to register as wholesalers for the purpose
2of reselling consumer fireworks pursuant to Code section
3100.19A. Current law prescribes limitations on the use of
4consumer fireworks to specified dates, times, and locations.
5Current law also allows cities and counties to prohibit or
6limit the use of consumer fireworks by ordinance or resolution,
7and allows the department of natural resources to issue permits
8for the use of consumer fireworks in state parks and preserves.
   9This bill prohibits the possession, sale, and use of
10consumer fireworks in Iowa. A person who violates the
11bill commits a simple misdemeanor. A simple misdemeanor is
12punishable by confinement for no more than 30 days or a fine of
13at least $65 but not more than $625 or by both.
   14The bill makes conforming changes with respect to the
15prohibition on consumer fireworks possession, sale, and use,
16and includes transition provisions. The bill provides that
17all licensure and registration fees collected by the state
18fire marshal pursuant to repealed Code sections 100.19 and
19100.19A shall be prorated, and the portion of such fees that
20represent the remaining period of the licensee or registrant
21shall be returned to the licensee or registrant. The bill also
22provides that the state fire marshal shall, upon the repeal of
23the consumer fireworks fee fund, transfer any remaining moneys
24in the fund to the general fund of the state.
   25The bill takes effect upon enactment.
-3-
gh/rn