Iowa lawmakers again consider legalized fireworks

DES MOINES – State lawmakers launched a new effort Wednesday to legalize consumer fireworks in Iowa.

The revised bill that cleared a Senate subcommittee would allow the possession, sale, transfer, purchase and use of fireworks effective on the day the governor signs it into law. Senate File 508 included an 'opt-out” local control provision that would allow cities and counties to issue bans within their jurisdictions.

'It's my belief that the current law is silly on its face,” said Sen. Jeff Danielson, D-Waterloo, chairman of the Senate State Government Committee, who noted that Iowans currently bring in fireworks from bordering states but can't legally shoot them off. He said Iowa has taken a 'head-in-the sand” approach to the issue for too many years in advocating adding more than a dozen consumer fireworks to the list of legal products, which currently includes only sparklers and other small novelties.

'Let's put it out in the open and make it legal and let it go. I think it should be legal,” said Sen. Wally Horn, D-Cedar Rapids. 'I think as we move forward, we need things like this. It makes Iowa level with other states that have tried this and done it.”

However, representatives of firefighters, emergency medical response technicians, health-care providers and other groups spoke against the measure, saying it would lead to more injuries or deaths - especially among young people - fires, property damage and disruptions and noise issues near nursing homes, daycares and schools.

'Our concerns are public safety with additional fires and additional injuries across the state,” said John Pederson, a lobbyist representing the Iowa Firefighters Association. 'We will expect to have more calls.”

Other opponents said they would prefer that local jurisdictions would have to 'opt-in” by adopting legalized fireworks ordinances, rather than having to vote in prohibitions.

However, proponents noted the bill includes limitations for exploding fireworks only between 9 a.m. and 10 p.m., with longer hours for certain holidays like Memorial Day, Labor Day, the Fourth of July and New Year's Eve. They argued that legalized fireworks would generate a minimum of $18 million in annual sales that currently are being transacted in other states and would benefit Iowa retailers.

'We can balance economic freedom with public safety,” said Danielson, who is a career firefighter with the city of Cedar Falls.

Sen. Jake Chapman, R-Adel, who is a licensed EMT, said the issue of legalizing fireworks has been around for a number of years. and said it's time to modernize Iowa's law and give Iowans more freedom to engage in an activity they already are doing under lax enforcement.

'I didn't know fireworks were illegal until I came to the Legislature,” said Sen. Rick Bertrand, R-Sioux City. 'It's fairly common in western Iowa.”

Senate File 508 provides that violations for using fireworks where they are prohibited would constitute a simple misdemeanor, punishable by a fine of not less than $250 and no more than $625, but not jail time for a consumer fireworks violation. Also included were penalties for license violations or selling fireworks to minors.

Iowans would not be allowed to use consumer fireworks on property other than their own or where they have been granted permission by the owner. Consumer and display fireworks also would be prohibited in state parks and preserves, except when authorized by permit.

As proposed, the bill would authorize the state fire marshal to establish a fireworks seller license with a schedule of annual fees ranging from $100 to $1,000 for retailers, community groups and wholesalers seeking to sell first- or second-class fireworks to Iowans aged 18 or older. The legislation establishes a consumer fireworks fund for grants or offer fireworks safety education programs.

A fireworks legalization bill passed the Iowa House last session, but stalled in the Iowa Senate.