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 TLSB 1834YH (3) 90 es/rn

H.F. 326 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 35 -1- LSB 1834YH (3) 90 es/rn 1/ 3

H.F. 326 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. 35 -2- LSB 1834YH (3) 90 es/rn 2/ 3

H.F. 326 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. 28 -3- LSB 1834YH (3) 90 es/rn 3/ 3