Bill Text: IA HF326 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act prohibiting the possession, sale, and use of consumer fireworks, providing penalties, and including transition and effective date provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-15 - Introduced, referred to Public Safety. H.J. 354. [HF326 Detail]
Download: Iowa-2023-HF326-Introduced.html
House
File
326
-
Introduced
HOUSE
FILE
326
BY
FORBES
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
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Section
1.
Section
100.1,
subsection
8,
Code
2023,
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
16,
Code
2023,
is
7
amended
to
read
as
follows:
8
16.
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
2023,
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
414.1,
subsection
1,
paragraph
f,
Code
2023,
21
is
amended
by
striking
the
paragraph.
22
Sec.
5.
Section
461A.42,
subsection
2,
Code
2023,
is
amended
23
to
read
as
follows:
24
2.
The
use
of
consumer
fireworks
or
display
fireworks,
25
as
defined
in
section
727.2
,
in
state
parks
and
preserves
is
26
prohibited
except
as
authorized
by
a
permit
issued
by
the
27
department.
The
commission
shall
establish,
by
rule
adopted
28
pursuant
to
chapter
17A
,
a
fireworks
permit
system
which
29
authorizes
the
issuance
of
a
limited
number
of
permits
to
30
qualified
persons
to
use
or
display
fireworks
in
selected
state
31
parks
and
preserves.
32
Sec.
6.
Section
727.2,
subsection
1,
paragraph
a,
Code
2023,
33
is
amended
to
read
as
follows:
34
a.
“Consumer
fireworks”
includes
means
first-class
consumer
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fireworks
and
second-class
consumer
fireworks
,
as
those
1
terms
are
defined
in
section
100.19,
subsection
1
described
2
in
chapter
3
of
the
American
pyrotechnics
association’s
3
standard
87-1
.
“Consumer
fireworks”
does
not
include
4
novelties
enumerated
in
chapter
3
of
the
American
pyrotechnics
5
association’s
standard
87-1
or
display
fireworks
enumerated
in
6
chapter
4
of
the
American
pyrotechnics
association’s
standard
7
87-1.
8
Sec.
7.
Section
727.2,
subsection
3,
Code
2023,
is
amended
9
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
10
following:
11
3.
Consumer
fireworks.
12
a.
The
possession,
sale,
and
use
of
consumer
fireworks
is
13
prohibited.
14
b.
A
person
who
violates
this
subsection
commits
a
simple
15
misdemeanor.
16
Sec.
8.
Section
727.2,
subsection
4,
Code
2023,
is
amended
17
by
striking
the
subsection.
18
Sec.
9.
REPEAL.
Sections
100.19,
100.19A,
and
335.2A,
Code
19
2023,
are
repealed.
20
Sec.
10.
TRANSITION
PROVISIONS.
21
1.
All
licensure
and
registration
fees
collected
under
22
sections
100.19
and
100.19A
shall
be
prorated
to
June
30,
2023,
23
and
that
portion
of
the
licensure
or
registration
fee
that
24
represents
the
remaining
period
of
the
licensee
or
registrant,
25
following
June
30,
2023,
shall
be
returned
to
the
licensee
or
26
registrant.
27
2.
Upon
repeal
of
the
consumer
fireworks
fee
fund
created
28
in
section
100.19,
the
state
fire
marshal
shall
transfer
any
29
moneys
remaining
in
the
fund
to
the
general
fund
of
the
state.
30
Sec.
11.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
31
immediate
importance,
takes
effect
upon
enactment.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
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This
bill
prohibits
the
possession,
sale,
and
use
of
1
consumer
fireworks
in
Iowa.
2
Current
law
permits
retailers
and
community
groups
to
obtain
3
a
license
to
sell
consumer
fireworks
pursuant
to
Code
section
4
100.19,
and
permits
persons
to
register
as
wholesalers
for
5
the
purpose
of
reselling
consumer
fireworks
pursuant
to
Code
6
section
100.19A.
Current
law
prescribes
limitations
on
the
use
7
of
consumer
fireworks
to
specified
dates,
times,
and
locations.
8
Current
law
also
allows
cities
and
counties
to
prohibit
or
9
limit
the
use
of
consumer
fireworks
by
ordinance
or
resolution,
10
and
allows
the
department
of
natural
resources
to
issue
permits
11
for
the
use
of
consumer
fireworks
in
state
parks
and
preserves.
12
The
bill
makes
conforming
changes
with
respect
to
the
13
prohibition
on
consumer
fireworks
possession,
sale,
building
14
zoning,
and
use,
and
includes
transition
provisions.
The
bill
15
provides
that
all
licensure
and
registration
fees
collected
16
by
the
state
fire
marshal
pursuant
to
repealed
Code
sections
17
100.19
and
100.19A
shall
be
prorated,
and
the
portion
of
such
18
fees
that
represent
the
remaining
period
of
the
licensee
or
19
registrant
shall
be
returned
to
the
licensee
or
registrant.
20
The
bill
also
provides
that
the
state
fire
marshal
shall,
upon
21
the
repeal
of
the
consumer
fireworks
fee
fund,
transfer
any
22
remaining
moneys
in
the
fund
to
the
general
fund
of
the
state.
23
A
person
who
violates
the
bill
commits
a
simple
misdemeanor.
24
A
simple
misdemeanor
is
punishable
by
confinement
for
no
more
25
than
30
days
and
a
fine
of
at
least
$105
but
not
more
than
$855
26
or
by
both.
27
The
bill
takes
effect
upon
enactment.
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