Bill Text: IA SF120 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to the possession, sale, transfer, purchase, and use of fireworks and providing penalties.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2015-02-02 - Subcommittee, Danielson, Bowman, and Chapman. S.J. 193. [SF120 Detail]

Download: Iowa-2015-SF120-Introduced.html

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Senate File 120 - Introduced




                                 SENATE FILE       
                                 BY  FEENSTRA

                                      A BILL FOR

  1 An Act relating to the possession, sale, transfer, purchase,
  2    and use of fireworks and providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 2013XS (2) 86
    aw/nh

PAG LIN



  1  1    Section 1.  Section 100.1, Code 2015, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  8.  To order the suspension of the use
  1  4 of consumer fireworks, display fireworks, or novelties, as
  1  5 described in section 727.2, if the fire marshal determines that
  1  6 the use of such devices would constitute a threat to public
  1  7 safety.
  1  8    Sec. 2.  Section 101A.1, subsection 3, Code 2015, is amended
  1  9 to read as follows:
  1 10    3.  "Explosive" means any chemical compound, mixture
  1 11 or device, the primary or common purpose of which is to
  1 12 function by explosion with substantially instantaneous
  1 13 release of gas and heat, unless such compound, mixture, or
  1 14 device is otherwise specifically classified by the United
  1 15 States department of transportation. The term "explosive"
  1 16 includes all materials which are classified as a class 1,
  1 17 division 1.1, 1.2, 1.3, or 1.4 explosive by the United States
  1 18 department of transportation, under 49 C.F.R. {173.50, and all
  1 19 materials classified as explosive materials under 18 U.S.C.
  1 20 {841, and includes, but is not limited to, dynamite, black
  1 21 powder, pellet powders, initiating explosives, blasting caps,
  1 22 electric blasting caps, safety fuse, fuse lighters, fuse
  1 23 igniters, squibs, cordeau detonative fuse, instantaneous fuse,
  1 24 igniter cord, igniters, smokeless propellant, cartridges for
  1 25 propellant=actuated power devices, cartridges for industrial
  1 26 guns, and overpressure devices, but does not include "fireworks"
  1 27  as "consumer fireworks", "display fireworks", or "novelties" as
  1 28 those terms are defined in section 727.2 or ammunition or small
  1 29 arms primers manufactured for use in shotguns, rifles, and
  1 30 pistols. Commercial explosives are those explosives which are
  1 31 intended to be used in commercial or industrial operations.
  1 32    Sec. 3.  Section 331.301, Code 2015, is amended by adding the
  1 33 following new subsection:
  1 34    NEW SUBSECTION.  17.  The board of supervisors may by
  1 35 resolution suspend the use of consumer fireworks, display
  2  1 fireworks, or novelties, as described in section 727.2, if the
  2  2 board determines that the use of such devices would constitute
  2  3 a threat to public safety.
  2  4    Sec. 4.  Section 331.304, subsection 9, Code 2015, is amended
  2  5 to read as follows:
  2  6    9.  The board, upon application, may grant permits for the
  2  7 display use of display fireworks as provided in section 727.2.
  2  8    Sec. 5.  Section 364.2, Code 2015, is amended by adding the
  2  9 following new subsection:
  2 10    NEW SUBSECTION.  6.  A city council may by resolution suspend
  2 11 the use of consumer fireworks, display fireworks, or novelties,
  2 12 as described in section 727.2, if the city council determines
  2 13 that the use of such devices would constitute a threat to
  2 14 public safety.
  2 15    Sec. 6.  Section 461A.42, subsection 2, Code 2015, is amended
  2 16 to read as follows:
  2 17    2.  The use of consumer fireworks, display fireworks, or
  2 18 novelties, as defined in section 727.2, in state parks and
  2 19 preserves is prohibited except as authorized by a permit issued
  2 20 by the department. The commission shall establish, by rule
  2 21 adopted pursuant to chapter 17A, a fireworks permit system
  2 22 which authorizes the issuance of a limited number of permits to
  2 23 qualified persons to use or display fireworks in selected state
  2 24 parks and preserves.
  2 25    Sec. 7.  Section 727.2, Code 2015, is amended to read as
  2 26 follows:
  2 27    727.2  Fireworks.
  2 28    1.  For purposes of this section:
  2 29    a.  "Consumer fireworks" includes all consumer fireworks
  2 30 enumerated in chapter 3 of the American pyrotechnics
  2 31 association's standard 87=1, and that comply with the labeling
  2 32 regulations promulgated by the United States consumer product
  2 33 safety commission.
  2 34    b.  The term "fireworks" "Display fireworks" includes any
  2 35 explosive composition, or combination of explosive substances,
  3  1 or article prepared for the purpose of producing a visible
  3  2 or audible effect by combustion, explosion, deflagration,
  3  3 or detonation, and includes blank cartridges, firecrackers,
  3  4 torpedoes, skyrockets, roman candles, or other fireworks of
  3  5 like construction and fireworks containing any explosive or
  3  6 flammable compound, or other device containing any explosive
  3  7 substance. The term "fireworks" "Display fireworks" does not
  3  8 include goldstar=producing sparklers on wires which contain
  3  9 no magnesium or chlorate or perchlorate, flitter sparklers
  3 10 in paper tubes that do not exceed one=eighth of an inch in
  3 11 diameter, toy snakes which contain no mercury, or caps used
  3 12 in cap pistols novelties or consumer fireworks enumerated in
  3 13 chapter 3 of the American pyrotechnics association's standard
  3 14 87=1.
  3 15    c.  "Novelties" includes all novelties enumerated in chapter
  3 16 3 of the American pyrotechnics association's standard 87=1, and
  3 17 that comply with the labeling regulations promulgated by the
  3 18 United States consumer product safety commission.
  3 19    2.  A person, firm, partnership, or corporation who offers
  3 20 for sale, exposes for sale, sells at retail, or uses or
  3 21 explodes any display fireworks, commits a simple misdemeanor.
  3 22 In addition to any other penalties, the punishment imposed
  3 23 for a violation of this section shall include assessment
  3 24 of, punishable by a fine of not less than two hundred fifty
  3 25 dollars. However, the a city council of a city or a county
  3 26 board of supervisors may, upon application in writing, grant a
  3 27 permit for the display of display fireworks by municipalities,
  3 28 fair associations, amusement parks, and other organizations
  3 29 or groups of individuals approved by the city or the county
  3 30 board of supervisors when the display fireworks display will
  3 31 be handled by a competent operator, but no such permit shall
  3 32 be required for the display of display fireworks at the Iowa
  3 33 state fairgrounds by the Iowa state fair board, at incorporated
  3 34 county fairs, or at district fairs receiving state aid. Sales
  3 35 of display fireworks for such display may be made for that
  4  1 purpose only.
  4  2    3.  a.  A person who uses or explodes display fireworks while
  4  3 the use of such devices is suspended by a resolution adopted
  4  4 by the county or city in which the firework is used commits a
  4  5 simple misdemeanor, punishable by a fine of not less than two
  4  6 hundred fifty dollars.
  4  7    b.  A person who uses or explodes display fireworks while the
  4  8 use of such devices is suspended by an order of the state fire
  4  9 marshal commits a simple misdemeanor, punishable by a fine of
  4 10 not less than two hundred fifty dollars.
  4 11    4.  a.  A person who is at least eighteen years of age or
  4 12 a firm, partnership, or corporation may possess or transfer,
  4 13 offer for sale, expose for sale, or sell at retail to a person
  4 14 who is eighteen years of age or older novelties or consumer
  4 15 fireworks.  A person who is eighteen years of age or older may
  4 16 use or explode novelties or consumer fireworks.
  4 17    b.  A person, firm, partnership, or corporation who transfers
  4 18 or sells novelties or consumer fireworks to a person who is
  4 19 less than eighteen years of age commits a simple misdemeanor,
  4 20 punishable by a fine of not less than two hundred fifty
  4 21 dollars.  A person who is less than eighteen years of age who
  4 22 purchases, possesses, uses, or explodes novelties or consumer
  4 23 fireworks commits a simple misdemeanor, punishable by a fine of
  4 24 not less than two hundred fifty dollars.
  4 25    c.  (1)  A person who uses or explodes novelties or consumer
  4 26 fireworks while the use of such devices is suspended by a
  4 27 resolution adopted by the county or city in which the firework
  4 28 is used commits a simple misdemeanor, punishable by a fine of
  4 29 not less than two hundred fifty dollars.
  4 30    (2)  A person who uses or explodes novelties or consumer
  4 31 fireworks while the use of such devices is suspended by an
  4 32 order of the state fire marshal commits a simple misdemeanor,
  4 33 punishable by a fine of not less than two hundred fifty
  4 34 dollars.
  4 35    3.  5.  a.  This section does not prohibit the sale by a
  5  1 resident, dealer, manufacturer, or jobber of such fireworks as
  5  2 are not prohibited by this section, or the sale of any kind
  5  3 of fireworks if they are to be shipped out of the state, or
  5  4 the sale or use of blank cartridges for a show or the theater,
  5  5 or for signal purposes in athletic sports or by railroads
  5  6 or trucks, for signal purposes, or by a recognized military
  5  7 organization.
  5  8    b.  This section does not apply to any substance or
  5  9 composition prepared and sold for medicinal or fumigation
  5 10 purposes.
  5 11    c.  This section does not apply to goldstar=producing
  5 12 sparklers on wires which contain no magnesium or chlorate or
  5 13 perchlorate, flitter sparklers in paper tubes that do not
  5 14 exceed one=eighth of an inch in diameter, toy snakes which
  5 15 contain no mercury, or caps used in cap pistols.
  5 16                           EXPLANATION
  5 17 The inclusion of this explanation does not constitute agreement with
  5 18 the explanation's substance by the members of the general assembly.
  5 19    This bill provides for the legal sale and use of novelties
  5 20 and consumer fireworks within the state.
  5 21    Current law provides that a person, firm, partnership, or
  5 22 corporation who offers for sale, exposes for sale, sells at
  5 23 retail, or uses or explodes any fireworks, commits a simple
  5 24 misdemeanor.  Current law, however, also provides that a county
  5 25 board of supervisors or the department of natural resources may
  5 26 grant a permit for the display of fireworks if the fireworks
  5 27 display will be handled by a competent operator.  Current
  5 28 law further provides that the term "fireworks" includes any
  5 29 explosive composition, or combination of explosive substances,
  5 30 or article prepared for the purpose of producing a visible
  5 31 or audible effect by combustion, explosion, deflagration,
  5 32 or detonation, including blank cartridges, firecrackers,
  5 33 torpedoes, skyrockets, roman candles, or other fireworks of
  5 34 like construction and fireworks containing any explosive or
  5 35 flammable compound, or other device containing any explosive
  6  1 substance with limited exceptions.
  6  2    The bill maintains these restrictions for display fireworks
  6  3 and provides that the term "display fireworks" shall not
  6  4 include novelties or consumer fireworks. The bill provides
  6  5 that the terms "novelties" and "consumer fireworks" each
  6  6 respectively include all novelties or consumer fireworks
  6  7 enumerated in chapter 3 of the American pyrotechnics
  6  8 association's standard 87=1, which comply with the labeling
  6  9 regulations promulgated by the United States consumer product
  6 10 safety commission.
  6 11    The bill provides that a person who is at least 18 years
  6 12 of age or a firm, partnership, or corporation may possess, or
  6 13 transfer, offer for sale, expose for sale, or sell at retail
  6 14 any novelties or consumer fireworks to any person who is at
  6 15 least 18 years of age.  The bill provides that any person who
  6 16 is at least 18 years of age may use or explode novelties or
  6 17 consumer fireworks.
  6 18    The bill provides that a person, firm, partnership, or
  6 19 corporation who transfers or sells novelties or any consumer
  6 20 firework to a person who is less than 18 years of age commits
  6 21 a simple misdemeanor.  A person who is less than 18 years of
  6 22 age who purchases, possesses, uses, or explodes novelties or
  6 23 any consumer fireworks commits a simple misdemeanor.  A simple
  6 24 misdemeanor is generally punishable by confinement for no more
  6 25 than 30 days or a fine of at least $65 but not more than $625 or
  6 26 by both, but the bill provides for a fine of a least $250.
  6 27    The bill provides that the state fire marshal may order
  6 28 the suspension of the use of consumer fireworks, display
  6 29 fireworks, or novelties if the fire marshal determines that
  6 30 the use of such devices would constitute a threat to public
  6 31 safety.  The bill further provides that a county board of
  6 32 supervisors or city council may by ordinance suspend the use
  6 33 of consumer fireworks, display fireworks, or novelties if the
  6 34 board or council determines that the use of such devices would
  6 35 constitute a threat to public safety.  The bill provides that a
  7  1 person who violates such an order or ordinance commits a simple
  7  2 misdemeanor, punishable by a fine of at least $250.
  7  3    The bill maintains current exemptions for goldstar=producing
  7  4 sparklers on wires which contain no magnesium or chlorate or
  7  5 perchlorate, flitter sparklers in paper tubes that do not
  7  6 exceed one=eighth of an inch in diameter, toy snakes which
  7  7 contain no mercury, and caps used in cap pistols.
       LSB 2013XS (2) 86
       aw/nh