House File 2144 - Introduced HOUSE FILE 2144 BY McCONKEY , KACENA , BROWN-POWERS , B. MEYER , and KURTZ A BILL FOR An Act providing for certain fees applicable to licensed 1 consumer fireworks sellers, and providing funds to local 2 fire protection providers, emergency medical service 3 providers, and law enforcement agencies for the purchase 4 of equipment and the training of volunteers, and providing 5 penalties. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5253YH (7) 88 jm/jh
H.F. 2144 Section 1. Section 100.19, subsection 7, paragraph a, Code 1 2020, is amended to read as follows: 2 a. A consumer fireworks fee fund is created in the 3 state treasury under the control of the state fire marshal. 4 Notwithstanding section 12C.7 , interest or earnings on 5 moneys in the consumer fireworks fee fund shall be credited 6 to the consumer fireworks fee fund. Moneys in the fund are 7 appropriated to the state fire marshal to be used to fulfill 8 the responsibilities of the state fire marshal for the 9 administration and enforcement of this section and section 10 100.19A and to provide grants pursuant to paragraph “b” . The 11 fund shall include the fees collected by the state fire marshal 12 under the fee schedule established pursuant to subsection 3 , 13 the fees collected by the state fire marshal under subsection 14 7A, and the fees collected by the state fire marshal under 15 section 100.19A for wholesaler registration. 16 Sec. 2. Section 100.19, Code 2020, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 7A. In addition to the fee for a consumer 19 fireworks seller license as provided in subsection 3, the state 20 fire marshal shall charge a retailer or community group issued 21 a license pursuant to this section an annual fee in an amount 22 equal to one percent of the retailer or community group’s 23 gross sales of consumer fireworks within this state during the 24 preceding calendar year. Fees collected by the state fire 25 marshal pursuant to this subsection shall be deposited in the 26 consumer fireworks fee fund created in subsection 7, paragraph 27 “a” , and shall be used solely for the purpose of providing 28 grants to local fire protection providers, emergency medical 29 service providers, and law enforcement agencies to purchase 30 additional enforcement, protection, or emergency response 31 equipment related to the sale and use of consumer fireworks in 32 this state, and to supplement the costs of training programs 33 for the following: volunteer fire protection personnel 34 pursuant to section 100B.6, volunteer emergency medical 35 -1- LSB 5253YH (7) 88 jm/jh 1/ 2
H.F. 2144 services personnel pursuant to chapter 147A, and reserve peace 1 officers pursuant to section 80D.4. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill requires the state fire marshal to charge licensed 6 consumer fireworks sellers an annual fee in an amount equal to 7 1 percent of the licensee’s gross sales of consumer fireworks 8 within Iowa during the preceding calendar year. The fee shall 9 be in addition to the required licensing fee. Fees collected 10 pursuant to the bill shall be deposited in the consumer 11 fireworks fee fund. The fees shall be solely used for the 12 purpose of providing grants to local fire protection providers, 13 emergency medical service providers, and law enforcement 14 agencies to purchase additional enforcement, protection, or 15 emergency response equipment related to the sale and use 16 of consumer fireworks in this state, and to supplement the 17 costs of training programs for the following: volunteer fire 18 protection personnel, volunteer emergency medical services 19 personnel, and reserve peace officers. 20 Pursuant to Code section 101.19(9), a person who violates 21 the bill commits a simple misdemeanor. 22 -2- LSB 5253YH (7) 88 jm/jh 2/ 2