House File 614 H-1366 Amend House File 614 as follows: 1 1. Page 1, before line 1 by inserting: 2 < DIVISION I 3 FIREWORKS REGULATION > 4 2. Page 2, line 26, by striking < four > and 5 inserting < eight > 6 3. Page 2, line 30, by striking < two > and inserting 7 < four > 8 4. Page 2, line 34, by striking < two > and inserting 9 < four > 10 5. Page 4, line 24, by striking < seller license > 11 6. Page 4, line 27, by striking < seller license > 12 7. Page 4, line 28, by striking < seller license > 13 8. Page 4, line 32, after < section > by inserting 14 < and section 100.19A > 15 9. Page 4, line 35, after < 3 > by inserting < and the 16 fees collected by the state fire marshal under section 17 100.19A for wholesaler registration > 18 10. Page 5, after line 16 by inserting: 19 < Sec. ___. NEW SECTION . 100.19A Consumer fireworks 20 wholesaler —— registration —— penalty. 21 1. For purposes of this section: 22 a. “Consumer fireworks” means first-class consumer 23 fireworks and second-class consumer fireworks, as those 24 terms are defined in section 100.19. 25 b. “Wholesaler” means a person who engages in the 26 business of selling or distributing consumer fireworks 27 for the purpose of resale in this state. 28 2. The state fire marshal shall adopt rules to 29 require all wholesalers to annually register with 30 the state fire marshal. The state fire marshal may 31 also adopt rules to regulate the storage or transfer 32 of consumer fireworks by wholesalers and to require 33 wholesalers to maintain insurance. 34 3. The state fire marshal shall establish an 35 annual registration fee of one thousand dollars for 36 wholesalers of consumer fireworks within the state. 37 Registration fees collected pursuant to this section 38 shall be deposited in the consumer fireworks fee fund 39 created in section 100.19, subsection 6. 40 4. A person who violates a provision of this 41 section or a rule adopted pursuant to this section is 42 guilty of a simple misdemeanor. > 43 11. Page 6, line 9, by striking < resolution 44 suspend the use of display > and inserting < ordinance 45 or resolution limit or restrict the use of consumer 46 fireworks or display > 47 12. Page 6, line 11, after < safety > by inserting 48 < or private property, or if the board determines that 49 the use of such devices would constitute a nuisance to 50 -1- HF614.2039 (2) 86 aw/nh 1/ 2 #1. #2. #3. #4. #5. #6. #7. #8. #9. #10. #11.

neighboring landowners > 1 13. Page 6, line 18, by striking < resolution 2 suspend > and inserting < ordinance or resolution 3 prohibit > 4 14. Page 6, by striking lines 20 through 22 and 5 inserting < novelties, as described in section 727.2. > 6 15. Page 8, line 10, by striking < suspended by a 7 resolution > and inserting < prohibited or limited by an 8 ordinance > 9 16. Page 8, lines 30 and 31, by striking < suspended 10 by a resolution > and inserting < prohibited or limited 11 by an ordinance > 12 17. Page 9, by striking lines 23 and 24 and 13 inserting < misdemeanor. A court shall not order 14 imprisonment for violation of this subsection. > 15 18. Page 10, by striking lines 4 and 5 and 16 inserting: 17 < Sec. ___. EFFECTIVE UPON ENACTMENT. This division 18 of this Act, being deemed of immediate importance, 19 takes effect upon enactment. 20 DIVISION ___ 21 RULEMAKING 22 Sec. ___. EMERGENCY RULES. The state fire 23 marshal shall adopt emergency rules under section 24 17A.4, subsection 3, and section 17A.5, subsection 2, 25 paragraph “b”, to implement the provisions of this 26 Act and the rules shall be effective immediately upon 27 filing unless a later date is specified in the rules. 28 Any rules adopted in accordance with this section shall 29 also be published as a notice of intended action as 30 provided in section 17A.4. 31 Sec. ___. EFFECTIVE UPON ENACTMENT. This division 32 of this Act, being deemed of immediate importance, 33 takes effect upon enactment. > 34 19. Title page, line 2, by striking < and providing 35 penalties > and inserting < , providing fees and 36 penalties, and including effective date provisions > 37 20. By renumbering as necessary. 38 ______________________________ WINDSCHITL of Harrison -2- HF614.2039 (2) 86 aw/nh 2/ 2 #13. #14. #15. #16. #17. #18. #19. #20.