House File 12 - Introduced HOUSE FILE 12 BY PETTENGILL A BILL FOR An Act concerning issuance of a license or users permit for 1 specified activities regarding explosives. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1336YH (3) 85 rn/sc

H.F. 12 Section 1. Section 101A.2, Code 2013, is amended to read as 1 follows: 2 101A.2 Commercial license —— how issued —— violation. 3 1. The state fire marshal shall issue commercial licenses 4 for the manufacture, importation, distribution, sale, and 5 commercial use of explosives to persons who, in the state fire 6 marshal’s discretion are of good character and sound judgment, 7 and have sufficient knowledge of the use, handling, and storage 8 of explosive materials to protect the public safety. Licenses 9 shall be issued for a period of one year three years , but may be 10 issued for shorter periods, and may be revoked or suspended by 11 the state fire marshal for any of the following reasons: 12 a. Falsification of information submitted in the application 13 for a license. 14 b. Proof that the licensee has violated any provisions of 15 this chapter or any rules prescribed by the state fire marshal 16 pursuant to the provisions of this chapter . 17 c. The results of a national criminal history check 18 conducted pursuant to subsection 3. 19 2. Licenses shall be issued by the state fire marshal upon 20 payment of a fee of sixty dollars, valid for a period of one 21 three calendar year years , commencing on January 1 of the first 22 year and terminating on December 31 ; however of the third year. 23 However , an initial license may be issued during any a calendar 24 year for the number of months remaining in such calendar year 25 and the following two years , computed to the first day of the 26 month when the application for the license is approved. The 27 license fee shall be charged on a pro rata basis for the number 28 of months remaining in the year period of issue. Applications 29 for renewal of licenses shall be submitted within thirty days 30 prior to the license expiration date and shall be accompanied 31 by payment of the prescribed annual fee. 32 3. Prior to the issuance of a license pursuant to this 33 chapter, an applicant shall be subject to a national criminal 34 history check through the federal bureau of investigation. 35 -1- LSB 1336YH (3) 85 rn/sc 1/ 4

H.F. 12 The applicant shall provide fingerprints to the department of 1 public safety for submission through the state criminal history 2 repository to the federal bureau of investigation. Upon 3 application for renewal of a license, the national criminal 4 history check shall be repeated to determine the occurrence 5 of criminal violations occurring during the previous period 6 of licensure. Fees for the national criminal history check 7 shall be paid by the applicant or the applicant’s employer. 8 The results of a criminal history check conducted pursuant to 9 this subsection shall be considered a confidential record under 10 chapter 22. 11 3. 4. Except as permitted in section 101A.3 and sections 12 101A.9 to 101A.11 , it shall be unlawful for any person to 13 willfully manufacture, import, store, detonate, sell, or 14 otherwise transfer any explosive materials unless such person 15 is the holder of a valid license issued pursuant to this 16 section . 17 4. 5. Commercial dealers having a federal firearms license 18 shall be exempt from the requirement or the commercial license 19 requirement of this chapter for importation, distribution, 20 sale, transportation, storage and possession of smokeless 21 powder propellants or black sporting powder propellants 22 provided that such dealer must conform and comply to rules, 23 or ordinances of federal, state , or city authorities having 24 jurisdiction of such powder. 25 Sec. 2. Section 101A.3, subsection 1, Code 2013, is amended 26 to read as follows: 27 1. User’s permits to purchase, possess, transport, store, 28 and detonate explosive materials shall be issued by the sheriff 29 of the county or the chief of police of a city of ten thousand 30 population or more where the possession and detonation will 31 occur. If the possession and detonation are to occur in more 32 than one county or city, then such permits must be issued by 33 the sheriff or chief of police of each of such counties or 34 cities, except in counties and cities in which the explosives 35 -2- LSB 1336YH (3) 85 rn/sc 2/ 4

H.F. 12 are possessed for the sole purpose of transporting them 1 through such counties and cities. A permit shall not be issued 2 unless the sheriff or chief of police having jurisdiction is 3 satisfied that possession and detonation of explosive materials 4 is necessary to the applicant’s business or to improve the 5 applicant’s property. Permits shall be issued only to persons 6 who, in the discretion of the sheriff or chief of police, are 7 of good character and sound judgment, and have sufficient 8 knowledge of the use and handling of explosive materials to 9 protect the public safety. Applicants shall be subject to the 10 criminal history check provisions of section 103A.2, subsection 11 3. The state fire marshal shall prescribe, have printed, and 12 distribute permit application forms to all local permit issuing 13 authorities. 14 Sec. 3. Section 101A.14, subsection 1, Code 2013, is amended 15 to read as follows: 16 1. Any person who violates the provisions of section 101A.2, 17 subsection 3 4 , or section 101A.3, subsection 4 , commits a 18 public offense and, upon conviction, shall be guilty of a class 19 “C” felony. 20 EXPLANATION 21 This bill concerns licensing and permitting requirements 22 applicable to explosives. 23 The bill changes the current period of licensure from 24 one to three years. The bill additionally provides that 25 prior to the issuance or renewal of a license, or issuance 26 of a user’s permit, an applicant shall be subject to a 27 national criminal history check through the federal bureau of 28 investigation. The bill specifies that fees for the national 29 criminal history check shall be paid by the applicant or the 30 applicant’s employer, and that the results shall be considered 31 a confidential record under Code chapter 22. The bill further 32 provides that the results of the national criminal history 33 check may be reason for the state fire marshal to revoke or 34 suspend a license and, by operation of law, an explosive 35 -3- LSB 1336YH (3) 85 rn/sc 3/ 4

H.F. 12 materials user’s permit by the issuer of the permit. 1 -4- LSB 1336YH (3) 85 rn/sc 4/ 4