HF 378 (LSB 1569YH (2) 88)

HOUSE FILE 378

BY  McCONKEY

A BILL FOR

An Act providing for certain fees applicable to licensed consumer fireworks sellers, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 100.19, subsection 7, paragraph a, Code 2019, is amended to read as follows:
   a.  A consumer fireworks fee fund is created in the state treasury under the control of the state fire marshal. Notwithstanding section 12C.7, interest or earnings on moneys in the consumer fireworks fee fund shall be credited to the consumer fireworks fee fund. Moneys in the fund are appropriated to the state fire marshal to be used to fulfill the responsibilities of the state fire marshal for the administration and enforcement of this section and section 100.19A and to provide grants pursuant to paragraph “b”. The fund shall include the fees collected by the state fire marshal under the fee schedule established pursuant to subsection 3, the fees collected by the state fire marshal under subsection 7A, and the fees collected by the state fire marshal under section 100.19A for wholesaler registration.
    Sec. 2.  Section 100.19, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  7A.  In addition to the fee for a consumer fireworks seller license as provided in subsection 3, the state fire marshal shall charge a retailer or community group issued a license pursuant to this section an annual fee in an amount equal to one percent of the retailer or community group’s gross sales of consumer fireworks within this state during the preceding calendar year. Fees collected by the state fire marshal pursuant to this subsection shall be deposited in the consumer fireworks fee fund created in subsection 7, paragraph “a”, and shall be used solely for the purpose of providing grants to local fire protection service providers and local emergency medical service providers to establish or provide fireworks safety education programming to members of the public pursuant to subsection 7, paragraph “b”.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires the state fire marshal to charge licensed consumer fireworks sellers an annual fee in an amount equal to 1 percent of the licensee’s gross sales of consumer fireworks within Iowa during the preceding calendar year. The fee shall be in addition to the required licensing fee. Fees collected pursuant to the bill shall be deposited in the consumer fireworks fee fund, and shall be used solely for the purpose of providing grants to local fire protection service providers and local emergency medical service providers to establish or provide fireworks safety education programming to members of the public. 
   Pursuant to Code section 100.19(9), a person who violates the bill is guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.