Bill Text: IA SF96 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act providing for the licensure of operators authorized to purchase, use, and explode fireworks, and including penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-02-02 - Subcommittee, Danielson, Bowman, and Chapman. S.J. 193. [SF96 Detail]
Download: Iowa-2015-SF96-Introduced.html
Senate File 96 - Introduced SENATE FILE BY ZAUN A BILL FOR 1 An Act providing for the licensure of operators authorized 2 to purchase, use, and explode fireworks, and including 3 penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1823XS (4) 86 aw/nh PAG LIN 1 1 Section 1. NEW SECTION. 101D.1 Definitions. 1 2 For purposes of this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Department" means the department of public safety. 1 5 2. "Division" means the division of the state fire marshal 1 6 in the department. 1 7 3. "Fireworks" means permissible fireworks as described in 1 8 section 727.2A. 1 9 4. "License" means a privilege granted by the state fire 1 10 marshal to operate fireworks, including any privilege related 1 11 to a license granted by issuance of a stamp or a payment of a 1 12 fee. 1 13 5. "License agent" means an individual, business, or 1 14 governmental agency authorized to sell a license. 1 15 Sec. 2. NEW SECTION. 101D.2 Fireworks operator license ==== 1 16 fee. 1 17 1. A person shall not purchase, operate, or ignite fireworks 1 18 within this state without first obtaining a license from the 1 19 division for those purposes and paying a fee of forty=one 1 20 dollars. 1 21 2. The division shall provide for the issuance of fireworks 1 22 operator licenses to eligible persons. A person must be at 1 23 least eighteen years of age and must successfully complete the 1 24 fireworks safety education program created in section 101D.3 to 1 25 be eligible for a license under this chapter. 1 26 3. A license shall be issued for a period not to exceed one 1 27 year. 1 28 4. The state fire marshal shall adopt rules for 1 29 the revocation or suspension of a license and for the 1 30 administration of this chapter. 1 31 Sec. 3. NEW SECTION. 101D.3 Fireworks safety education 1 32 program ==== license requirements. 1 33 1. A person shall not obtain a fireworks operator license 1 34 unless the person has satisfactorily completed a fireworks 1 35 safety education course approved by the division and offered 2 1 by the department. A person who is seventeen years of age or 2 2 older may enroll in an approved fireworks safety education 2 3 course, but a person who is seventeen years of age and who 2 4 has successfully completed the course shall be issued a 2 5 certificate of completion which becomes valid on the person's 2 6 eighteenth birthday. A certificate of completion from an 2 7 approved fireworks safety education course issued in this state 2 8 is valid for the requirements of this section. 2 9 2. a. A certificate of completion shall not be issued 2 10 to a person who has not satisfactorily completed the minimum 2 11 requirements of such a course as adopted by the state fire 2 12 marshal pursuant to chapter 17A. The state fire marshal shall 2 13 establish the curriculum for the course. 2 14 b. Upon completion of the course, each person shall be 2 15 required to pass an individual oral test or a written test 2 16 provided by the division in order to receive a certificate 2 17 of completion. The state fire marshal shall establish 2 18 the criteria for successfully passing the test. Based on 2 19 the results of the test and demonstrated safe handling of 2 20 fireworks, the instructor shall determine the persons who shall 2 21 be issued a certificate of completion. 2 22 3. The department shall provide a manual for fireworks 2 23 safety which shall be used by all instructors and persons 2 24 receiving fireworks safety education training in this state. 2 25 The department may produce the manual in a print or electronic 2 26 format. 2 27 4. The division shall provide for the certification of 2 28 persons who wish to become fireworks safety instructors. A 2 29 person shall not act as an instructor in a fireworks safety 2 30 education course as provided in this section without first 2 31 obtaining an instructor's certificate from the division. 2 32 5. An officer of the department or a certified instructor 2 33 may issue a certificate to a person who has not completed the 2 34 fireworks safety education course but meets other criteria 2 35 established by the state fire marshal. 3 1 6. A fireworks operator license obtained under this 3 2 chapter by a person who gave false information or presented a 3 3 fraudulent certificate of completion shall be revoked and a new 3 4 license shall not be issued for at least two years from the 3 5 date of revocation. A license obtained by a person who has not 3 6 satisfactorily completed the fireworks safety education course 3 7 or has not met the requirements established by the state fire 3 8 marshal shall be revoked. 3 9 7. An initial fireworks safety certificate of completion 3 10 shall be issued without cost. A duplicate certificate shall be 3 11 issued at a cost of three dollars. 3 12 8. Enrollment in the program shall be free for a person's 3 13 initial enrollment. The division shall charge a one hundred 3 14 dollar fee for any subsequent enrollment. 3 15 Sec. 4. NEW SECTION. 101D.4 License agents. 3 16 The state fire marshal may designate license agents for the 3 17 sale of licenses, but in so doing the interest of the state 3 18 shall be fully protected. 3 19 Sec. 5. NEW SECTION. 101D.5 Allocation of fee revenue. 3 20 All revenue collected from the fireworks operator license 3 21 fees as provided in section 101D.2, subsection 1, that is 3 22 collected by the division shall be allocated as follows: 3 23 1. One dollar of each license fee collected shall be 3 24 allocated to the division. 3 25 2. Ten dollars of each license fee collected shall be 3 26 allocated to fire departments throughout the state of Iowa. 3 27 The state fire marshal shall adopt rules pursuant to chapter 3 28 17A for the direction of such moneys. 3 29 3. Ten dollars of each license fee collected shall be 3 30 allocated to public school districts throughout the state of 3 31 Iowa. The state fire marshal shall adopt rules pursuant to 3 32 chapter 17A for the direction of such moneys. 3 33 4. Twenty dollars of each license fee collected shall be 3 34 allocated to the state general fund. 3 35 Sec. 6. NEW SECTION. 101D.6 Accounting. 4 1 The state fire marshal shall by rule establish specific 4 2 requirements for remittance of funds and the necessary 4 3 accounting and reporting for licenses issued. 4 4 Sec. 7. NEW SECTION. 101D.7 Operation of fireworks ==== 4 5 penalty. 4 6 1. A person who does not possess a valid fireworks operator 4 7 license shall not operate fireworks. 4 8 2. A person may only operate fireworks during the months of 4 9 January, May, June, July, or December of each year, or during 4 10 certain holiday weekends, as permitted by rule adopted by the 4 11 state fire marshal pursuant to chapter 17A. 4 12 3. A person shall not operate fireworks at any time when 4 13 the state fire marshal has declared the operation of fireworks 4 14 to be a threat to public safety. The state fire marshal may 4 15 declare such a threat if conditions warrant such a declaration. 4 16 4. A person shall not operate, ignite, or store fireworks 4 17 in an unsafe manner as described within the fireworks safety 4 18 manual described in section 101D.3, subsection 3. 4 19 5. A licensee who violates the provisions of this section 4 20 shall have their license suspended and shall be required to 4 21 successfully complete the fireworks safety education program 4 22 created in section 101D.3 again before the division may issue 4 23 another license to that person. 4 24 6. Any person who violates the provisions of this section is 4 25 subject to a civil penalty not to exceed three hundred dollars 4 26 for each offense. 4 27 Sec. 8. NEW SECTION. 101D.8 Sales permits. 4 28 1. The division shall issue permits for the sale of 4 29 fireworks. A permit shall not be issued to a person under 4 30 eighteen years of age. 4 31 2. All permits shall be for the calendar year or any 4 32 fraction thereof and shall expire on the thirty=first day of 4 33 December of each year. The division may set a fee for issuance 4 34 of such a permit to cover administrative costs of this section. 4 35 3. Permits shall be conspicuously displayed in the permit 5 1 holder's place of business along with a clearly visible sign 5 2 that states the law concerning the sale, use, and possession of 5 3 fireworks in this state. 5 4 4. The state fire marshal shall adopt rules in accordance 5 5 with chapter 17A to regulate fireworks sellers and the sale of 5 6 fireworks, including the establishment of a fee for a permit 5 7 issued pursuant to this section. 5 8 Sec. 9. Section 727.2, subsection 2, Code 2015, is amended 5 9 to read as follows: 5 10 2. a. A person, or a firm, partnership, or corporation 5 11who offerspermitted under section 101D.8 may offer for sale, 5 12 exposes for sale, sells at retail, or uses or explodesany 5 13 fireworks, commits a simple misdemeanorpermissible under 5 14 section 727.2A or 727.2B. In addition to any other penalties, 5 15 the punishment imposed for a violation of this section shall 5 16 include assessment of a fine of not less than two hundred fifty 5 17 dollars.However, the5 18 b. The council of a city or a county board of supervisors 5 19 may, upon application in writing, grant a permit for the 5 20 display of fireworks not permissible under section 727.2A by 5 21 municipalities, fair associations, amusement parks, and other 5 22 organizations or groups of individuals approved by the city 5 23 or the county board of supervisors when the fireworks display 5 24 will be handled by a competent operator, but no such permit 5 25 shall be required for the display of fireworks at the Iowa 5 26 state fairgrounds by the Iowa state fair board, at incorporated 5 27 county fairs, or at district fairs receiving state aid. Sales 5 28 of fireworks for such display may be made for that purpose 5 29 only. 5 30 Sec. 10. Section 727.2, subsection 3, Code 2015, is amended 5 31 by striking the subsection. 5 32 Sec. 11. NEW SECTION. 727.2A Permissible fireworks. 5 33 Permissible fireworks are the consumer fireworks enumerated 5 34 in chapter 3 of the American pyrotechnics association, inc., 5 35 standard 87=1, and that comply with the labeling regulations 6 1 promulgated by the United States consumer product safety 6 2 commission. 6 3 Sec. 12. NEW SECTION. 727.2B Examination of fireworks ==== 6 4 penalty. 6 5 If consumer fireworks are not permissible under section 6 6 727.2A, the proposed seller must submit the fireworks to the 6 7 state fire marshal for examination and approval prior to the 6 8 sale of such fireworks. A person who violates this section 6 9 commits a serious misdemeanor. 6 10 EXPLANATION 6 11 The inclusion of this explanation does not constitute agreement with 6 12 the explanation's substance by the members of the general assembly. 6 13 This bill provides for the legal sale and use of consumer 6 14 fireworks within the state. 6 15 The bill provides for the licensure of consumer fireworks 6 16 operators by the division of the state fire marshal of the 6 17 department of public safety. The bill provides that a person 6 18 may not purchase, operate, or explode fireworks within the 6 19 state without being licensed under the bill. The bill provides 6 20 that a person must be at least 18 years of age, have completed 6 21 a fireworks safety education program, and paid a fee of $41 6 22 in order to receive a license pursuant to the bill. The bill 6 23 provides that a license will not be for longer than one year. 6 24 The bill provides that the state fire marshal shall adopt 6 25 rules for the revocation or suspension of a fireworks operator 6 26 license and for the administration of the bill. 6 27 The bill provides for the creation of a fireworks safety 6 28 education program. The bill provides that successful 6 29 completion of the program is required in order to be issued a 6 30 fireworks operator license. The bill provides that a person 6 31 may enroll in the program upon reaching the age of 17. The 6 32 bill states that any certificate of completion issued to a 6 33 person under the age of 18 will not become valid until the 6 34 person reaches the age of 18. A certificate of completion 6 35 will not be issued to a person who has not satisfactorily 7 1 completed the requirements of the program, as adopted by the 7 2 state fire marshal. The state fire marshal shall establish the 7 3 curriculum for the program. The program instructor shall issue 7 4 a certificate of completion based upon passage of the test and 7 5 upon demonstrated safe handling of fireworks. 7 6 The bill provides that the division shall administer 7 7 individual oral or written tests, and that the division shall 7 8 require passage of the test in order to issue a certificate of 7 9 completion. The state fire marshal shall establish criteria 7 10 for passing. 7 11 The department of public safety shall provide a manual for 7 12 fireworks safety to be used by all instructors and persons 7 13 receiving fireworks safety training. The department may 7 14 produce this manual in either print or electronic form. 7 15 The division of the state fire marshal shall provide for the 7 16 certification of instructors. The bill allows for an officer 7 17 of the department or an instructor to issue a certificate of 7 18 completion to any person who has not completed the program but 7 19 who meets other criteria established by the state fire marshal. 7 20 The bill provides that a person who obtained a license by 7 21 providing false information or a fraudulent certificate shall 7 22 have the license revoked and the person shall not be issued a 7 23 license for at least two years from the date of revocation. 7 24 The bill also provides for the revocation of licenses where a 7 25 licensee has not met the requirements of the bill. The bill 7 26 provides that the initial certificate shall be issued at no 7 27 cost, but that duplicate certificates shall cost $3. The bill 7 28 provides that enrollment within the program shall be free for a 7 29 person's initial enrollment, but that any subsequent enrollment 7 30 shall result in a $100 fee. 7 31 The bill allows the state fire marshal to designate license 7 32 agents. The bill provides for the distribution of the 7 33 fireworks operator license fees. From each $41 license fee, 7 34 $1 will be directed to the division of the fire marshal, $10 7 35 will be directed to fire departments throughout the state as 8 1 designated by the fire marshal, $10 will be directed to public 8 2 school districts throughout the state as designated by the fire 8 3 marshal, and $20 will be directed to the general fund of the 8 4 state. 8 5 The bill provides that a person who does not possess a valid 8 6 fireworks operator license shall not be allowed to operate 8 7 fireworks. The bill provides that fireworks may only be 8 8 operated during certain months and certain holiday weekends. 8 9 The bill provides that the state fire marshal may, when 8 10 warranted, declare the operation of fireworks to be a threat 8 11 to public safety. Operation of fireworks during the time of 8 12 such a declaration is not permitted. The bill provides that 8 13 a person shall not operate, ignite, or store fireworks in an 8 14 unsafe manner as described in the fireworks safety manual. The 8 15 bill requires that any person violating these provisions have 8 16 their license suspended and be required to successfully retake 8 17 the fireworks safety education course before the person could 8 18 be issued another license. The bill also provides that any 8 19 person violating the provisions is subject to a civil penalty 8 20 not to exceed $300 per offense. 8 21 The bill also provides for the permitting of fireworks 8 22 sales. The division shall issue such permits and shall not 8 23 provide such permits to persons under the age of 18. The 8 24 bill requires that these permits be displayed by the vendor 8 25 conspicuously. The bill requires that the fire marshal adopt 8 26 rules to regulate fireworks vendors and the sale of fireworks. 8 27 The bill amends criminal provisions related to fireworks to 8 28 allow for the use of consumer fireworks by licensed operators. 8 29 The bill provides that permissible consumer fireworks, for use 8 30 by licensed fireworks operators pursuant to the bill, will 8 31 include those fireworks listed in chapter 3 of the American 8 32 pyrotechnics association, inc., standard 87=1 that comply with 8 33 certain labeling regulations. 8 34 The bill also provides that if a consumer firework is 8 35 not contained within that chapter, a seller must submit 9 1 the fireworks to the state fire marshal for examination and 9 2 approval prior to their sale. The bill provides that violating 9 3 this provision is a serious misdemeanor. A serious misdemeanor 9 4 is punishable by confinement for no more than one year and a 9 5 fine of at least $315 but not more than $1,875. LSB 1823XS (4) 86 aw/nh
