Bill Text: IA HF2314 | 2017-2018 | 87th General Assembly | Amended

Iowa House Bill 2314 (Prior Session Legislation)

Bill Title: A bill for an act permitting counties and cities to charge certain fireworks violations as county infractions or municipal infractions, and making penalties applicable. (Formerly HF 2148.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2018-03-13 - Subcommittee: Garrett, Bisignano, and Schultz. S.J. 668. [HF2314 Detail]

Download: Iowa-2017-HF2314-Amended.html


House File 2314 - Reprinted




                                 HOUSE FILE       
                                 BY  COMMITTEE ON LOCAL
                                     GOVERNMENT

                                 (SUCCESSOR TO HF 2148)
       (As Amended and Passed by the House March 12, 2018)

                                      A BILL FOR

  1 An Act permitting counties and cities to charge certain
  2    fireworks violations as county infractions or municipal
  3    infractions, and making penalties applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    HF 2314 (3) 87
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PAG LIN



  1  1    Section 1.  Section 331.307, subsection 3, Code 2018, is
  1  2 amended to read as follows:
  1  3    3.  a.  A county shall not provide that a violation of an
  1  4 ordinance is a county infraction if the violation is a felony,
  1  5 an aggravated misdemeanor, or a serious misdemeanor under state
  1  6 law or if the violation is a simple misdemeanor under chapters
  1  7 687 through 747, except as provided in paragraph "b".
  1  8    b.  Notwithstanding section 727.2, subsection 2, paragraph
  1  9 "b", subparagraph (1), and subsection 3, paragraph "c",
  1 10 subparagraph (1), a county that by ordinance or resolution
  1 11 prohibits or limits the use of consumer fireworks or display
  1 12 fireworks pursuant to section 331.301, subsection 17, may
  1 13 provide that a violation of such ordinance or resolution is a
  1 14 county infraction.
  1 15    Sec. 2.  Section 364.22, subsection 3, Code 2018, is amended
  1 16 to read as follows:
  1 17    3.  a.  A city shall not provide that a violation of an
  1 18 ordinance is a municipal infraction if the violation is a
  1 19 felony, an aggravated misdemeanor, or a serious misdemeanor
  1 20 under state law or if the violation is a simple misdemeanor
  1 21 under chapters 687 through 747, except as provided in paragraph
  1 22 "b".
  1 23    b.  Notwithstanding section 727.2, subsection 2, paragraph
  1 24 "b", subparagraph (1), and subsection 3, paragraph "c",
  1 25 subparagraph (1), a city that by ordinance or resolution
  1 26 prohibits or limits the use of consumer fireworks, display
  1 27 fireworks, or novelties pursuant to section 364.2, subsection
  1 28 6, may provide that a violation of such ordinance or resolution
  1 29 is a municipal infraction.
  1 30    Sec. 3.  Section 727.2, subsection 2, paragraph b,
  1 31 subparagraph (1), Code 2018, is amended to read as follows:
  1 32    (1)  A person who uses or explodes display fireworks
  1 33 while the use of such devices is prohibited or limited by an
  1 34 ordinance or resolution adopted by the county or city in which
  1 35 the firework is used commits a simple misdemeanor, punishable
  2  1 by a fine of not less than two hundred fifty dollars, unless
  2  2 a county or city classifies a violation of an ordinance or
  2  3 resolution prohibiting or limiting the use of display fireworks
  2  4 as a county infraction pursuant to section 331.307, subsection
  2  5 3, paragraph "b", or a municipal infraction pursuant to section
  2  6 364.22, subsection 3, paragraph "b", whereby such person
  2  7 commits a county infraction in accordance with section 331.307
  2  8 or a municipal infraction in accordance with section 364.22.
  2  9    Sec. 4.  Section 727.2, subsection 3, paragraph c,
  2 10 subparagraph (1), Code 2018, is amended to read as follows:
  2 11    (1)  A person who uses or explodes consumer fireworks or
  2 12 novelties while the use of such devices is prohibited or
  2 13 limited by an ordinance adopted by the county or city in
  2 14 which the fireworks are used commits a simple misdemeanor,
  2 15 punishable by a fine of not less than two hundred fifty
  2 16 dollars, unless a county or city classifies a violation of
  2 17 an ordinance or resolution prohibiting or limiting the use
  2 18 of consumer fireworks or novelties as a county infraction
  2 19 pursuant to section 331.307, subsection 3, paragraph "b", or a
  2 20 municipal infraction pursuant to section 364.22, subsection 3,
  2 21 paragraph "b", whereby such person commits a county infraction
  2 22 in accordance with section 331.307 or a municipal infraction in
  2 23 accordance with section 364.22.
       HF 2314 (3) 87
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