Senate votes to legalize fireworks in Iowa

DES MOINES - Fireworks enthusiasts launched their effort Tuesday to bring legal pyrotechnics to Iowa on a limited basis, lighting up the Senate's vote display board with 34 green lights that were enough to propel the measure to the House and leave 14 opponents doing a slow burn.

Senate File 489 would allow licensed retailers or community groups to sell consumer-grade fireworks to adults in permanent structures between June 1 and July 8 and between Dec. 10 and Jan. 3. A similar provision would apply to conforming temporary structures, such as tents, from June 13 through July 8 each year. It also places time restrictions for the display of fireworks.

The measure sets a fee structure for various licensure levels; allows counties or cities that do not want to legalize fireworks to opt out of the use but not the sale; and bars the sale or purchase involving anyone under 18. A violation would be punishable by a fine of at least $250 but no more than $625. Iowa law currently classifies the possession, sale or use of consumer fireworks without a permit - other than sparklers, caps and snakes - as a simple misdemeanor. Chapman said Iowa is among a small number of states that have those strict fireworks restrictions.

'We have been discussing this bill for years,” said Sen. Jake Chapman, R-Adel, floor manager for S. F. 489. 'The bill will allow Iowans to celebrate the Fourth of July in the same manner that Americans all across our nation are permitted to celebrate. It's time we joined the other 42 states and the District of Columbia in allowing Iowans to join in the celebration.”

Sen. Janet Petersen, D-Des Moines, tried unsuccessfully to bar sales in tents or temporary structures - a provision that prompted several opponents to draw Missouri analogies in not wanting to establish temporary 'shantytowns” or 'trashy” tent cities in poorer or older urban areas.

'I don't believe we're going to see a tent out at the Jordan Creek mall,” said Sen. Tony Bisignano, D-Des Moines, who told his colleagues that backers were selling the bill as 'the next coming of Bingo” for nonprofit organizations that may want to raise money by selling fireworks at temporary locations.

'We're going to have Velvet Elvises and fireworks up and down East Fourteenth (Street), which is the gateway into our city. I just cannot think of a more horrible entrance to the city, to the state Capitol. The message that is sent by that is just terrible,” said Sen. Matt McCoy, D-Des Moines.

'I think we can do much better than what we see going into Missouri and we see fireworks stands and tents and just really trashing looking facilities,” he added. 'I tell you what, we'll be back to gravel roads. This is pathetic. We can do so much better than this.

Independent Sen. David Johnson of Ocheyedan said Iowa is going to end about 80 years without legal fireworks by authorizing tacky operations 'with their flashing lights and all kinds of other gizmos trying to draw you in to blow your hand off.”

In subcommittee, the bill was opposed by firefighters, medical organizations, veterans groups and safety advocates. Bisignano offered an amendment that was turned down to establish restrictions for shooting off fireworks in close proximity to schools, hospitals, hospices, nursing homes and churches.

Backers of the bill also turned down changes seeking to establish penalties and prohibitions for igniting fireworks while intoxicated; beef up training and education; prohibit sales within 500 feet of gas stations; and require that fireworks sold in Iowa be American made.

'If we're going to make America great again, we're going to have to start making things again,” said McCoy, not importing them from China or Mexico.

In all, nearly 40 amendments were defeated in what Bisignano called a 'sick, silly game” to reject efforts to improve safety for Iowans confronted with an onslaught of explosives during the limited holiday periods when the products could be purchased and ignited by adults.

'We are trying to make a bad bill safer,” said Senate Democratic Leader Rob Hogg of Cedar Rapids in opposing the creation of '62 days of explosions” authorized by the bill.

"The bill before us will modernize our state law to not only permit the display of fireworks, but puts the framework in place to properly educate and regulate fireworks in the state of Iowa," said Chapman.

The proposed legislation would take effect upon enactment if it clears both legislative chambers and is signed by the governor.

Rep. Matt Windschitl, R-Missouri Valley, said he believes the Senate bill - with the opt-out local provision and limited dates - is similar enough to what previously passed the Iowa House that it should be

approved with bipartisan support, 'giving Iowans more freedom.”

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