S-3210

   Amend House File 614, as amended, passed, and reprinted by the House, as follows:
   1.  Page 6, by striking line 33 and inserting <following new subsections:
   NEW SUBSECTION.  16A.  The board of supervisors may by ordinance allow for the use and explosion of consumer fireworks within the county. If the board of supervisors adopts an ordinance pursuant to this subsection, a petition meeting the requirements specified in section 331.306 may be filed with the board of supervisors within thirty days following the effective date of the ordinance requesting that the question of whether to continue to allow for the use and explosion of fireworks be submitted to the registered voters of the county. Upon receipt of a valid petition requesting an election, the board of supervisors shall direct the county commissioner of elections to put the proposal on the ballot for the next general election. If the ballot proposal is rejected, the use and explosion of fireworks shall be prohibited in the county.>
   2.  Page 7, by striking line 11 and inserting <following new subsections:
   NEW SUBSECTION.  5A.  The city council may by ordinance allow for the use and explosion of consumer fireworks as described in section 727.2 within the city. If the council adopts an ordinance pursuant to this subsection, a petition meeting the requirements specified in section 362.4 for petitions authorized by city code may be filed with the clerk within thirty days following the effective date of the ordinance, requesting that the question of whether to continue to allow for the use and explosion of fireworks be submitted to the registered voters of the city. Upon receipt of a valid petition requesting an election, the council shall direct the county commissioner of elections to put the proposal on the ballot for the next regular city election. If the ballot proposal is rejected, the use and explosion of fireworks shall be prohibited in the city.>
   3.  Page 7, line 12, after <council> by inserting <that allows for the use and explosion of consumer fireworks, pursuant to subsection 5A>
   4.  Page 7, line 13, by striking <prohibit or limit the use of consumer fireworks,> and inserting <limit the use of such consumer fireworks, and any city council may by ordinance or resolution prohibit or limit the use of>
   5.  Page 9, before line 14 by inserting: 
   <0b.  (1)  A person may use or explode consumer fireworks in a county, outside of the boundaries of all cities in the county, only if the county has adopted an ordinance to permit such use in accordance with section 331.301, subsection 16A, provided that such use is not prohibited following a vote of eligible electors under that subsection.
   (2)  A person may use or explode consumer fireworks in a city only if the city and the county in which the person is located have adopted ordinances to permit such use in accordance with section 331.301, subsection 16A, and section 364.2, subsection 6, provided that such use is not prohibited following a vote of eligible electors under that subsection.
   (3)  A person who uses or explodes consumer fireworks in a location where such use is not permitted by the necessary ordinances under this paragraph “0b” commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars.>
   6.  By renumbering as necessary.

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DAVID JOHNSON