S-3208

   Amend Senate File 508 as follows:
   1.  Page 1, before line 1 by inserting: 

<DIVISION I
FIREWORKS REGULATION>
   2.  By striking page 1, line 34, through page 2, line 1, and inserting: 
   <d.  “Retailer” means as defined in section 423.1.>
   3.  Page 3, lines 4 and 5, by striking <one hundred> and inserting <twenty-five>
   4.  Page 4, line 20, by striking <or>
   5.  Page 4, line 26, by striking <seller license>
   6.  Page 4, line 29, by striking <seller license>
   7.  Page 4, line 30, by striking <seller license>
   8.  Page 4, line 34, after <section> by inserting <and section 100.19A>
   9.  Page 5, line 2, after <3> by inserting <and the fees collected by the state fire marshal under section 100.19A for wholesaler registration>
   10.  Page 5, line 29, after <to> by inserting <annually>
   11.  Page 5, line 33, by striking <a> and inserting <an annual>
   12.  Page 5, line 35, after <state.> by inserting <Registration fees collected pursuant to this section shall be deposited in the consumer fireworks fee fund created in section 100.19, subsection 6.>
   13.  Page 6, line 31, by striking <resolution suspend the use of display> and inserting <ordinance or resolution limit or restrict the use of consumer fireworks or display>
   14.  Page 6, line 33, after <safety> by inserting <or private property, or if the board determines that the use of such devices would constitute a nuisance to neighboring landowners>
   15.  Page 7, after line 2 by inserting: 
   <Sec. ___.  Section 364.2, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  A city council may by ordinance or resolution prohibit or limit the use of consumer fireworks, display fireworks, or novelties, as described in section 727.2.>
   16.  Page 7, lines 5 and 6, by striking <consumer fireworks, display fireworks, and novelties,> and inserting <consumer fireworks or display fireworks,>
   17.  Page 8, line 25, by striking <suspended by a resolution> and inserting <prohibited or limited by an ordinance>
   18.  Page 8, line 26, after <county> by inserting <or city>
   19.  Page 9, line 9, by striking <c. A> and inserting: 
   <c.  (1)  A person who uses or explodes consumer fireworks or novelties while the use of such devices is prohibited or limited by an ordinance adopted by the county or city in which the fireworks are used commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars.
   (2)  A>
   20.  Page 9, by striking lines 33 and 34 and inserting <misdemeanor. A court shall not order imprisonment for violation of this subsection.>
   21.  Page 10, by striking lines 14 and 15 and inserting: 
   <Sec. ___.  EFFECTIVE DATE.  This division of this Act takes effect December 1, 2015.

DIVISION ___
RULEMAKING
   Sec. ___.  EMERGENCY RULES.  The state fire marshal shall adopt emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to implement the provisions of this Act and the rules shall be effective immediately upon filing unless a later date is specified in the rules. Any rules adopted in accordance with this section shall also be published as a notice of intended action as provided in section 17A.4.
   Sec. ___.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.>
   22.  Title page, line 2, by striking <and providing penalties> and inserting <, providing fees and penalties, and including effective date provisions>
   23.  By renumbering as necessary.

______________________________
JEFF DANIELSON