Bill Text: IA SF2113 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to the possession, sale, transfer, purchase, and use of fireworks, providing penalties, and including effective date provisions. (Formerly SSB 1135, SF 226, and SF 508.)
Sponsorship: Committee Bill
Status: (Introduced - Dead) 2016-03-23 - Subcommittee, Dotzler, Feenstra, and Petersen. S.J. 589. [SF2113 Detail]
Download: Iowa-2015-SF2113-Introduced.html
Senate File 2113 - Introduced SENATE FILE BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SF 508) (SUCCESSOR TO SF 226) (SUCCESSOR TO SSB 1135) A BILL FOR 1 An Act relating to the possession, sale, transfer, purchase, 2 and use of fireworks, providing penalties, and including 3 effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1107SW (2) 86 gh/nh PAG LIN 1 1 DIVISION I 1 2 FIREWORKS REGULATION 1 3 Section 1. Section 100.1, subsection 4, paragraph b, Code 1 4 2016, is amended to read as follows: 1 5 b. The storage, transportation, handling, and use of 1 6 flammable liquids, combustibles, fireworks, and explosives; 1 7 Sec. 2. Section 100.1, Code 2016, is amended by adding the 1 8 following new subsection: 1 9 NEW SUBSECTION. 8. To order the suspension of the use 1 10 of consumer fireworks, display fireworks, or novelties, as 1 11 described in section 727.2, if the fire marshal determines that 1 12 the use of such devices would constitute a threat to public 1 13 safety. 1 14 Sec. 3. NEW SECTION. 100.19 Consumer fireworks seller 1 15 licensing ==== penalty ==== fund. 1 16 1. As used in this section: 1 17 a. "APA 87=1" means the American pyrotechnics association 1 18 standard 87=1, as published in December 2001. 1 19 b. "Community group" means a nonprofit entity that is open 1 20 for membership to the general public which is exempt from 1 21 federal income taxation pursuant to section 501(c)(3) of the 1 22 Internal Revenue Code or a fraternal benefit society, as that 1 23 term is defined in section 512B.3. 1 24 c. "First=class consumer fireworks" means the following 1 25 consumer fireworks, as described in APA 87=1, chapter 3: 1 26 (1) Aerial shell kits and reloadable tubes. 1 27 (2) Chasers. 1 28 (3) Helicopter and aerial spinners. 1 29 (4) Firecrackers. 1 30 (5) Mine and shell devices. 1 31 (6) Missile=type rockets. 1 32 (7) Roman candles. 1 33 (8) Sky rockets and bottle rockets. 1 34 (9) Multiple tube devices under this paragraph "c" that are 1 35 manufactured in accordance with APA 87=1, section 3.5. 2 1 d. "Retailer" means as defined in section 423.1. 2 2 e. "Second=class consumer fireworks" means the following 2 3 consumer fireworks, as described in APA 87=1, chapter 3: 2 4 (1) Cone fountains. 2 5 (2) Cylindrical fountains. 2 6 (3) Flitter sparklers. 2 7 (4) Ground and hand=held sparkling devices, including 2 8 multiple tube ground and hand=held sparkling devices that are 2 9 manufactured in accordance with APA 87=1, section 3.5. 2 10 (5) Ground spinners. 2 11 (6) Illuminating torches. 2 12 (7) Toy smoke devices. 2 13 (8) Wheels. 2 14 (9) Wire or dipped sparklers. 2 15 2. a. The state fire marshal shall establish a consumer 2 16 fireworks seller license. An application for a consumer 2 17 fireworks seller license shall be made on a form provided 2 18 by the state fire marshal. The state fire marshal shall 2 19 adopt rules consistent with this section establishing minimum 2 20 requirements for a retailer or community group to be issued a 2 21 consumer fireworks seller license. 2 22 b. A person shall possess a consumer fireworks seller 2 23 license under this section in order to sell consumer fireworks. 2 24 3. a. The state fire marshal shall establish a fee schedule 2 25 for consumer fireworks seller licenses as follows: 2 26 (1) For a retailer who devotes fifty percent or more of 2 27 the retailer's retail floor space to the sale or display of 2 28 first=class consumer fireworks, an annual fee of eight hundred 2 29 dollars. 2 30 (2) For a retailer who devotes less than fifty percent of 2 31 the retailer's retail floor space to the sale or display of 2 32 first=class consumer fireworks, an annual fee of four hundred 2 33 dollars. 2 34 (3) For a community group that offers for sale, exposes for 2 35 sale, or sells first=class consumer fireworks, an annual fee 3 1 of four hundred dollars. 3 2 (4) For a retailer or community group that offers for sale, 3 3 exposes for sale, or sells second=class consumer fireworks, 3 4 but not first=class consumer fireworks, an annual fee of one 3 5 hundred dollars. 3 6 b. A license issued to a retailer or community group 3 7 pursuant to paragraph "a", subparagraph (1), (2), or (3), shall 3 8 allow the licensee to sell both first=class consumer fireworks 3 9 and second=class consumer fireworks. 3 10 4. The state fire marshal shall adopt rules to: 3 11 a. Require that any retailer or community group offering 3 12 for sale at retail any consumer fireworks, as described in APA 3 13 87=1, chapter 3, shall do so in accordance with the national 3 14 fire protection association standard 1124, published in the 3 15 code for the manufacture, transportation, storage, and retail 3 16 sales of fireworks and pyrotechnic articles, 2006 edition. 3 17 b. Require that a retailer or community group to be issued a 3 18 license pursuant to this section provide proof of and maintain 3 19 public liability insurance and product liability insurance 3 20 with minimum per occurrence coverage of at least five million 3 21 dollars. 3 22 c. Permit a retailer or community group issued a license 3 23 pursuant to this section to sell consumer fireworks, as 3 24 described in APA 87=1, chapter 3, at the following locations 3 25 as specified: 3 26 (1) At a permanent building that meets the requirements of 3 27 paragraph "a", year=round. 3 28 (2) At a temporary structure that meets the requirements of 3 29 paragraph "a" between June 13 and July 11 each year. 3 30 d. A retailer or community group shall not transfer consumer 3 31 fireworks, as described in APA 87=1, chapter 3, to a person who 3 32 is under eighteen years of age. 3 33 5. a. The state fire marshal shall adopt rules to provide 3 34 that a person's consumer fireworks seller license may be 3 35 revoked for the intentional violation of this section. The 4 1 proceedings for revocation shall be held before the division 4 2 of the state fire marshal, which may revoke the license or 4 3 licenses involved as provided in paragraph "b". 4 4 b. (1) If, upon the hearing of the order to show cause, 4 5 the division of the state fire marshal finds that the licensee 4 6 intentionally violated this section, then the license or 4 7 licenses under which the licensed retailer or community group 4 8 sells first=class consumer fireworks or second=class consumer 4 9 fireworks, shall be revoked. 4 10 (2) Judicial review of actions of the division of the 4 11 state fire marshal may be sought in accordance with the terms 4 12 of the Iowa administrative procedure Act, chapter 17A. If 4 13 the licensee has not filed a petition for judicial review in 4 14 district court, revocation shall date from the thirty=first 4 15 day following the date of the order of the division of the 4 16 state fire marshal. If the licensee has filed a petition for 4 17 judicial review, revocation shall date from the thirty=first 4 18 day following entry of the order of the district court, if 4 19 action by the district court is adverse to the licensee. 4 20 (3) A new license shall not be issued to a person whose 4 21 license has been revoked, or to the business in control of the 4 22 premises on which the violation occurred if it is established 4 23 that the owner of the business had actual knowledge of the 4 24 violation resulting in the license revocation, for the period 4 25 of one year following the date of revocation. 4 26 6. a. A consumer fireworks fee fund is created in the 4 27 state treasury under the control of the state fire marshal. 4 28 Notwithstanding section 12C.7, interest or earnings on 4 29 moneys in the consumer fireworks fee fund shall be credited 4 30 to the consumer fireworks fee fund. Moneys in the fund are 4 31 appropriated to the state fire marshal to be used to fulfill 4 32 the responsibilities of the state fire marshal for the 4 33 administration and enforcement of this section and section 4 34 100.19A and to provide grants pursuant to paragraph "b". The 4 35 fund shall include the fees collected by the state fire marshal 5 1 under the fee schedule established pursuant to subsection 3 5 2 and the fees collected by the state fire marshal under section 5 3 100.19A for wholesaler registration. 5 4 b. The state fire marshal shall establish a local fire 5 5 protection and emergency medical service providers grant 5 6 program to provide grants to local fire protection service 5 7 providers and local emergency medical service providers to 5 8 establish or provide fireworks safety education programming 5 9 to members of the public. The state fire marshal may also 5 10 provide grants to local fire protection service providers and 5 11 local emergency medical service providers for the purchase 5 12 of necessary enforcement, protection, or emergency response 5 13 equipment related to the sale and use of consumer fireworks in 5 14 this state. 5 15 7. The state fire marshal shall adopt rules for the 5 16 administration of this section. 5 17 8. A person who violates a provision of this section or a 5 18 rule adopted pursuant to this section is guilty of a simple 5 19 misdemeanor. 5 20 Sec. 4. NEW SECTION. 100.19A Consumer fireworks wholesaler 5 21 ==== registration ==== penalty. 5 22 1. For purposes of this section: 5 23 a. "Consumer fireworks" means first=class consumer fireworks 5 24 and second=class consumer fireworks, as those terms are defined 5 25 in section 100.19. 5 26 b. "Wholesaler" means a person who engages in the business 5 27 of selling or distributing consumer fireworks for the purpose 5 28 of resale in this state. 5 29 2. The state fire marshal shall adopt rules to require all 5 30 wholesalers to annually register with the state fire marshal. 5 31 The state fire marshal may also adopt rules to regulate the 5 32 storage or transfer of consumer fireworks by wholesalers and to 5 33 require wholesalers to maintain insurance. 5 34 3. The state fire marshal shall establish an annual 5 35 registration fee of one thousand dollars for wholesalers 6 1 of consumer fireworks within the state. Registration fees 6 2 collected pursuant to this section shall be deposited in the 6 3 consumer fireworks fee fund created in section 100.19. 6 4 4. A person who violates a provision of this section or a 6 5 rule adopted pursuant to this section is guilty of a simple 6 6 misdemeanor. 6 7 Sec. 5. Section 101A.1, subsection 3, Code 2016, is amended 6 8 to read as follows: 6 9 3. "Explosive" means any chemical compound, mixture 6 10 or device, the primary or common purpose of which is to 6 11 function by explosion with substantially instantaneous 6 12 release of gas and heat, unless such compound, mixture, or 6 13 device is otherwise specifically classified by the United 6 14 States department of transportation. The term "explosive" 6 15 includes all materials which are classified as a class 1, 6 16 division 1.1, 1.2, 1.3, or 1.4 explosive by the United States 6 17 department of transportation, under 49 C.F.R. {173.50, and all 6 18 materials classified as explosive materials under 18 U.S.C. 6 19 {841, and includes, but is not limited to, dynamite, black 6 20 powder, pellet powders, initiating explosives, blasting caps, 6 21 electric blasting caps, safety fuse, fuse lighters, fuse 6 22 igniters, squibs, cordeau detonative fuse, instantaneous fuse, 6 23 igniter cord, igniters, smokeless propellant, cartridges for 6 24 propellant=actuated power devices, cartridges for industrial 6 25 guns, and overpressure devices, but does not include"fireworks" 6 26 as"consumer fireworks", "display fireworks", or "novelties" as 6 27 those terms are defined in section 727.2 or ammunition or small 6 28 arms primers manufactured for use in shotguns, rifles, and 6 29 pistols. Commercial explosives are those explosives which are 6 30 intended to be used in commercial or industrial operations. 6 31 Sec. 6. Section 331.301, Code 2016, is amended by adding the 6 32 following new subsection: 6 33 NEW SUBSECTION. 17. a. The board of supervisors may 6 34 by ordinance or resolution authorize the use of consumer 6 35 fireworks or display fireworks, as described in section 727.2, 7 1 if the board determines that the use of such devices would not 7 2 constitute a threat to public safety or private property, or 7 3 if the board determines that the use of such devices would not 7 4 constitute a nuisance to neighboring landowners. 7 5 b. The board of supervisors may by ordinance or resolution 7 6 authorize the sale of consumer fireworks, as described in 7 7 section 727.2, if the board determines that the sale of such 7 8 devices would not constitute a threat to public safety or 7 9 private property, or if the board determines that the sale of 7 10 such devices would not constitute a nuisance to neighboring 7 11 landowners. 7 12 Sec. 7. Section 331.304, subsection 8, Code 2016, is amended 7 13 to read as follows: 7 14 8. The board, upon application, may grant permits for the 7 15displayuse of display fireworks as provided in section 727.2. 7 16 Sec. 8. Section 364.2, Code 2016, is amended by adding the 7 17 following new subsection: 7 18 NEW SUBSECTION. 6. a. A city council may by ordinance or 7 19 resolution authorize the use of consumer fireworks, display 7 20 fireworks, or novelties, as described in section 727.2. 7 21 However, a city council may authorize the use of such devices 7 22 only if the county in which the city is located has also 7 23 authorized the use of such devices by ordinance or resolution 7 24 pursuant to section 331.301, subsection 17. 7 25 b. A city council may by ordinance or resolution authorize 7 26 the sale of consumer fireworks, as described in section 727.2. 7 27 However, a city council may authorize the sale of such devices 7 28 only if the county in which the city is located within has also 7 29 authorized the sale of such devices by ordinance or resolution 7 30 pursuant to section 331.301, subsection 17. 7 31 Sec. 9. Section 461A.42, subsection 2, Code 2016, is amended 7 32 to read as follows: 7 33 2. The use of consumer fireworks,or display fireworks, 7 34 as defined in section 727.2, in state parks and preserves is 7 35 prohibited except as authorized by a permit issued by the 8 1 department. The commission shall establish, by rule adopted 8 2 pursuant to chapter 17A, a fireworks permit system which 8 3 authorizes the issuance of a limited number of permits to 8 4 qualified persons to use or display fireworks in selected state 8 5 parks and preserves. 8 6 Sec. 10. Section 727.2, Code 2016, is amended to read as 8 7 follows: 8 8 727.2 Fireworks. 8 9 1. Definitions. For purposes of this section: 8 10 a. "Consumer fireworks" includes first=class consumer 8 11 fireworks and second=class consumer fireworks as those terms 8 12 are defined in section 100.19, subsection 1. 8 13 b.The term "fireworks""Display fireworks" includes any 8 14 explosive composition, or combination of explosive substances, 8 15 or article prepared for the purpose of producing a visible 8 16 or audible effect by combustion, explosion, deflagration, 8 17 or detonation, and includesblank cartridges, firecrackers, 8 18 torpedoes, skyrockets, roman candles, or other fireworks of 8 19 like construction andfireworks containing any explosive or 8 20 flammable compound, or other device containing any explosive 8 21 substance.The term "fireworks""Display fireworks" does not 8 22 includegoldstar=producing sparklers on wires which contain 8 23 no magnesium or chlorate or perchlorate, flitter sparklers 8 24 in paper tubes that do not exceed one=eighth of an inch in 8 25 diameter, toy snakes which contain no mercury, or caps used 8 26 in cap pistolsnovelties or consumer fireworks enumerated in 8 27 chapter 3 of the American pyrotechnics association's standard 8 28 87=1. 8 29 c. "Novelties" includes all novelties enumerated in chapter 8 30 3 of the American pyrotechnics association's standard 87=1, and 8 31 that comply with the labeling regulations promulgated by the 8 32 United States consumer product safety commission. 8 33 2. Display fireworks. 8 34 a. A person, firm, partnership, or corporation who offers 8 35 for sale, exposes for sale, sells at retail, or uses or 9 1 explodes any display fireworks, commits a simple misdemeanor. 9 2 In addition to any other penalties, the punishment imposed 9 3 for a violation of this section shall include assessment 9 4 of, punishable by a fine of not less than two hundred fifty 9 5 dollars. However,thea city council of a city or a county 9 6 board of supervisors may, upon application in writing, grant a 9 7 permit for the display of display fireworks by municipalities, 9 8 fair associations, amusement parks, and other organizations 9 9 or groups of individuals approved by the city or the county 9 10 board of supervisors when the display fireworksdisplaywill 9 11 be handled by a competent operator, but no such permit shall 9 12 be required for the display of display fireworks at the Iowa 9 13 state fairgrounds by the Iowa state fair board, at incorporated 9 14 county fairs, or at district fairs receiving state aid. Sales 9 15 of display fireworks for such display may be made for that 9 16 purpose only. 9 17 b. (1) A person who uses or explodes display fireworks 9 18 while the use of such devices is not authorized by an ordinance 9 19 or resolution adopted by the county or city in which the 9 20 firework is used commits a simple misdemeanor, punishable by a 9 21 fine of not less than two hundred fifty dollars. 9 22 (2) A person who uses or explodes display fireworks while 9 23 the use of such devices is suspended by an order of the state 9 24 fire marshal commits a simple misdemeanor, punishable by a fine 9 25 of not less than two hundred fifty dollars. 9 26 3. Consumer fireworks and novelties. 9 27 a. A person or a firm, partnership, or corporation may 9 28 possess, use, or explode consumer fireworks in accordance with 9 29 this subsection and subsection 4. 9 30 b. A person, firm, partnership, or corporation who sells 9 31 consumer fireworks to a person who is less than eighteen years 9 32 of age commits a simple misdemeanor, punishable by a fine of 9 33 not less than two hundred fifty dollars. A person who is less 9 34 than eighteen years of age who purchases consumer fireworks 9 35 commits a simple misdemeanor, punishable by a fine of not less 10 1 than two hundred fifty dollars. 10 2 c. (1) A person who uses or explodes consumer fireworks or 10 3 novelties while the use of such devices is not authorized by an 10 4 ordinance adopted by the county or city in which the fireworks 10 5 are used commits a simple misdemeanor, punishable by a fine of 10 6 not less than two hundred fifty dollars. 10 7 (2) A person who offers for sale, exposes for sale, or sells 10 8 at retail consumer fireworks while the sale of such devices is 10 9 not authorized by an ordinance adopted by the county or city 10 10 in which the fireworks are sold commits a simple misdemeanor, 10 11 punishable by a fine of not less than two hundred fifty 10 12 dollars. 10 13 (3) A person who uses or explodes consumer fireworks or 10 14 novelties while the use of such devices is suspended by an 10 15 order of the state fire marshal commits a simple misdemeanor, 10 16 punishable by a fine of not less than two hundred fifty 10 17 dollars. 10 18 4. Limitations. 10 19 a. A person shall not use or explode consumer fireworks at 10 20 times other than between the hours of 9:00 a.m. and 10:00 p.m., 10 21 except that on the following dates consumer fireworks shall not 10 22 be used at times other than between the hours of 9:00 a.m. and 10 23 12:30 a.m. on the immediately following day: 10 24 (1) Memorial Day and the Saturday and Sunday immediately 10 25 preceding that day. 10 26 (2) July 4 and the Saturdays and Sundays immediately 10 27 preceding and following July 4. 10 28 (3) Labor Day and the Saturday and Sunday immediately 10 29 preceding that day. 10 30 (4) December 31 and the Saturdays and Sundays immediately 10 31 preceding and following December 31. 10 32 b. A person shall not use consumer fireworks on real 10 33 property other than that person's real property or on the real 10 34 property of a person who has consented to the use of consumer 10 35 fireworks on that property. 11 1 c. A person who violates this subsection commits a simple 11 2 misdemeanor. A court shall not order imprisonment for 11 3 violation of this subsection. 11 43.5. Applicability. 11 5 a. This section does not prohibit the sale by a resident, 11 6 dealer, manufacturer, or jobber of such fireworks as are 11 7 not prohibited by this section, or the sale of any kind of 11 8 fireworks if they are to be shipped out of the state, or the 11 9 sale or use of blank cartridges for a show or the theater, 11 10 or for signal purposes in athletic sports or by railroads 11 11 or trucks, for signal purposes, or by a recognized military 11 12 organization. 11 13 b. This section does not apply to any substance or 11 14 composition prepared and sold for medicinal or fumigation 11 15 purposes. 11 16 c. Unless specifically provided otherwise, this section does 11 17 not apply to novelties. 11 18 Sec. 11. EFFECTIVE UPON ENACTMENT. This division of this 11 19 Act, being deemed of immediate importance, takes effect upon 11 20 enactment. 11 21 DIVISION II 11 22 RULEMAKING 11 23 Sec. 12. EMERGENCY RULES. The state fire marshal shall 11 24 adopt emergency rules under section 17A.4, subsection 3, and 11 25 section 17A.5, subsection 2, paragraph "b", to implement 11 26 the provisions of this Act and the rules shall be effective 11 27 immediately upon filing unless a later date is specified in the 11 28 rules. Any rules adopted in accordance with this section shall 11 29 also be published as a notice of intended action as provided 11 30 in section 17A.4. 11 31 Sec. 13. EFFECTIVE UPON ENACTMENT. This division of this 11 32 Act, being deemed of immediate importance, takes effect upon 11 33 enactment. 11 34 EXPLANATION 11 35 The inclusion of this explanation does not constitute agreement with 12 1 the explanation's substance by the members of the general assembly. 12 2 This bill relates to the regulation of fireworks. 12 3 The bill provides that the state fire marshal has the duty to 12 4 enforce all laws, and rules of the department of public safety 12 5 concerned with the storage, transportation, handling, and use 12 6 of fireworks. 12 7 Current law provides that a person, firm, partnership, or 12 8 corporation who offers for sale, exposes for sale, sells at 12 9 retail, or uses or explodes any fireworks, commits a simple 12 10 misdemeanor. Current law, however, also provides that a county 12 11 board of supervisors or the department of natural resources may 12 12 grant a permit for the display of fireworks if the fireworks 12 13 display will be handled by a competent operator. Current 12 14 law further provides that the term "fireworks" includes any 12 15 explosive composition, or combination of explosive substances, 12 16 or article prepared for the purpose of producing a visible 12 17 or audible effect by combustion, explosion, deflagration, 12 18 or detonation, including blank cartridges, firecrackers, 12 19 torpedoes, skyrockets, roman candles, or other fireworks of 12 20 like construction and fireworks containing any explosive or 12 21 flammable compound, or other device containing any explosive 12 22 substance with limited exceptions. 12 23 The bill maintains these restrictions for display fireworks 12 24 and provides that the term "display fireworks" shall not 12 25 include novelties or consumer fireworks. The bill provides 12 26 definitions for the terms "novelties" and "consumer fireworks". 12 27 The bill requires that the state fire marshal establish 12 28 a consumer fireworks seller license, and requires possession 12 29 of such a license to legally sell consumer fireworks in this 12 30 state. The state fire marshal is required to establish a fee 12 31 schedule for consumer fireworks seller licenses. The bill 12 32 establishes two classes of consumer fireworks and requires 12 33 an $800 annual licensing fee for a retailer who devotes 50 12 34 percent or more of the retailer's retail floor space to the 12 35 sale or display of first=class consumer fireworks. Retailers 13 1 who devote less than 50 percent of the retailer's retail 13 2 floor space to the sale or display of first=class consumer 13 3 fireworks are required to pay an annual licensing fee of $400. 13 4 A community group that sells first=class consumer fireworks 13 5 is required to pay an annual licensing fee of $400. The 13 6 bill requires an annual licensing fee of $100 for retailers 13 7 or community groups that sell only second=class consumer 13 8 fireworks. 13 9 The bill requires that the state fire marshal adopt rules 13 10 to require that licensed retailers and community groups only 13 11 offer consumer fireworks for sale in accordance with specified 13 12 industry standards. The bill also requires that retailers and 13 13 community groups provide proof of and maintain public liability 13 14 and product liability insurance. Under the bill, the state 13 15 fire marshal is required to adopt rules to permit licensed 13 16 retailers and community groups to sell consumer fireworks at 13 17 conforming permanent buildings on a year=round basis and at 13 18 conforming temporary structures from June 13 to July 11 each 13 19 year. 13 20 The bill also provides for the revocation of a consumer 13 21 fireworks seller license for the intentional violation of 13 22 licensing requirements. The bill establishes procedures 13 23 for the revocation of such licenses and procedures for 13 24 review for such revocations. The bill also establishes a 13 25 consumer fireworks fee fund under the control of the state 13 26 fire marshal. The fund shall consist of the fees collected 13 27 for the licensing of retailers and community groups and the 13 28 registration of wholesalers. The fund is required to be used 13 29 for administration and enforcement of the state fire marshal's 13 30 consumer fireworks related duties and to provide grants to 13 31 local fire protection and emergency medical service providers. 13 32 The bill requires that the state fire marshal adopt rules 13 33 to require that wholesalers of consumer fireworks annually 13 34 register with the state fire marshal and allows the state fire 13 35 marshal to adopt rules related to wholesaler insurance and the 14 1 storage and transfer of consumer fireworks by wholesalers. The 14 2 state fire marshal is also required to establish an annual 14 3 $1,000 wholesaler registration fee to be deposited in the 14 4 consumer fireworks fee fund. 14 5 Under the bill, a violation of a licensing or registration 14 6 provision established in Code or by rule is considered a simple 14 7 misdemeanor. A simple misdemeanor is punishable by confinement 14 8 for no more than 30 days or a fine of at least $65 but not more 14 9 than $625, or by both. 14 10 The bill provides that a person or a firm, partnership, or 14 11 corporation may possess consumer fireworks as provided in the 14 12 bill. The bill provides that a person, firm, partnership, or 14 13 corporation who sells any consumer firework to a person who 14 14 is less than 18 years of age commits a simple misdemeanor. 14 15 A person who is less than 18 years of age who purchases any 14 16 consumer fireworks commits a simple misdemeanor. A simple 14 17 misdemeanor is generally punishable by confinement for no more 14 18 than 30 days or a fine of at least $65 but not more than $625 or 14 19 by both, but the bill provides for a fine of at least $250. 14 20 The bill provides that the state fire marshal may order the 14 21 suspension of the use of consumer fireworks, display fireworks, 14 22 or novelties if the fire marshal determines that the use of 14 23 such devices would constitute a threat to public safety. The 14 24 bill provides that a person who violates such an order by the 14 25 fire marshal commits a simple misdemeanor, punishable by a fine 14 26 of at least $250. 14 27 The bill provides that a county board of supervisors 14 28 may adopt an ordinance or resolution to authorize the use 14 29 of consumer fireworks or display fireworks or the sale of 14 30 consumer fireworks if the use or sale of such devices would not 14 31 constitute a threat to public safety or a nuisance. The bill 14 32 also provides that a city council may adopt an ordinance or 14 33 resolution to authorize the use of consumer fireworks, display 14 34 fireworks, or novelties or the sale of consumer fireworks if 14 35 the use or sale of such devices would not constitute a threat 15 1 to public safety or a nuisance to landowners. However, a city 15 2 council may only adopt an ordinance or resolution authorizing 15 3 the use or sale of fireworks only if the county in which the 15 4 city is located has also authorized the use or sale of such 15 5 devices by ordinance or resolution. The bill provides that 15 6 a person who uses or sells fireworks when the use or sale is 15 7 not authorized by an ordinance in the city or county in which 15 8 the devices are used or sold commits a simple misdemeanor, 15 9 punishable by a fine of at least $250. 15 10 The bill also provides certain restrictions on the use or 15 11 explosion of consumer fireworks. The bill prohibits the use or 15 12 explosion of consumer fireworks at a time other than between 15 13 the hours of 9:00 a.m. and 10:00 p.m., except on Memorial Day, 15 14 the 4th of July, Labor Day, and New Year's Eve, and weekend 15 15 days near such holidays. On those specified days, the use or 15 16 explosion of consumer fireworks is prohibited except between 15 17 the hours of 9:00 a.m. and 12:30 a.m. on the following day. 15 18 The bill further prohibits the use of fireworks by a person 15 19 on the real property of another person unless the owner of 15 20 the real property has consented to such use. Under the bill, 15 21 a violation of these restrictions is considered a simple 15 22 misdemeanor, provided, however, that a court shall not order 15 23 imprisonment for such a violation. 15 24 The bill requires the state fire marshal to adopt emergency 15 25 rules to implement the provisions of the bill, which shall be 15 26 effective immediately upon filing. 15 27 The bill takes effect upon enactment. LSB 1107SW (2) 86 gh/nh
