S.F. 489 DIVISION I 1 FIREWORKS REGULATION 2 Section 1. Section 100.1, subsection 4, paragraph b, Code 3 2017, is amended to read as follows: 4 b. The storage, transportation, handling, and use of 5 flammable liquids, combustibles, fireworks, and explosives; 6 Sec. 2. Section 100.1, Code 2017, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 8. To order the suspension of the use 9 of consumer fireworks, display fireworks, or novelties, as 10 described in section 727.2, if the fire marshal determines that 11 the use of such devices would constitute a threat to public 12 safety. 13 Sec. 3. NEW SECTION . 100.19 Consumer fireworks seller 14 licensing —— penalty —— fund. 15 1. As used in this section: 16 a. “APA 87-1” means the American pyrotechnics association 17 standard 87-1, as published in December 2001. 18 b. “Community group” means a nonprofit entity that is open 19 for membership to the general public which is exempt from 20 federal income taxation pursuant to section 501(c)(3) of the 21 Internal Revenue Code or a fraternal benefit society, as that 22 term is defined in section 512B.3. 23 c. “First-class consumer fireworks” means the following 24 consumer fireworks, as described in APA 87-1, chapter 3: 25 (1) Aerial shell kits and reloadable tubes. 26 (2) Chasers. 27 (3) Helicopter and aerial spinners. 28 (4) Firecrackers. 29 (5) Mine and shell devices. 30 (6) Missile-type rockets. 31 (7) Roman candles. 32 (8) Sky rockets and bottle rockets. 33 (9) Multiple tube devices under this paragraph “c” that are 34 manufactured in accordance with APA 87-1, section 3.5. 35 -1- LSB 2088SZ (1) 87 gh/nh 1/ 15

S.F. 489 d. “Retailer” means as defined in section 423.1. 1 e. “Second-class consumer fireworks” means the following 2 consumer fireworks, as described in APA 87-1, chapter 3: 3 (1) Cone fountains. 4 (2) Cylindrical fountains. 5 (3) Flitter sparklers. 6 (4) Ground and hand-held sparkling devices, including 7 multiple tube ground and hand-held sparkling devices that are 8 manufactured in accordance with APA 87-1, section 3.5. 9 (5) Ground spinners. 10 (6) Illuminating torches. 11 (7) Toy smoke devices that are not classified as novelties 12 pursuant to APA 87-1, section 3.2. 13 (8) Wheels. 14 (9) Wire or dipped sparklers that are not classified as 15 novelties pursuant to APA 87-1, section 3.2. 16 2. a. The state fire marshal shall establish a consumer 17 fireworks seller license. An application for a consumer 18 fireworks seller license shall be made on a form provided 19 by the state fire marshal. The state fire marshal shall 20 adopt rules consistent with this section establishing minimum 21 requirements for a retailer or community group to be issued a 22 consumer fireworks seller license. 23 b. A person shall possess a consumer fireworks seller 24 license under this section in order to sell consumer fireworks. 25 3. a. The state fire marshal shall establish a fee schedule 26 for consumer fireworks seller licenses as follows: 27 (1) For a retailer at a permanent building who devotes fifty 28 percent or more of the retailer’s retail floor space to the 29 sale or display of first-class consumer fireworks, an annual 30 fee of one thousand dollars. 31 (2) For a retailer at a temporary structure who devotes 32 fifty percent or more of the retailer’s retail floor space 33 to the sale or display of first-class consumer fireworks, an 34 annual fee of five hundred dollars. 35 -2- LSB 2088SZ (1) 87 gh/nh 2/ 15

S.F. 489 (3) For a retailer who devotes less than fifty percent of 1 the retailer’s retail floor space to the sale or display of 2 first-class consumer fireworks, an annual fee of four hundred 3 dollars. 4 (4) For a community group that offers for sale, exposes for 5 sale, or sells first-class consumer fireworks, an annual fee 6 of four hundred dollars. 7 (5) For a retailer or community group that offers for sale, 8 exposes for sale, or sells second-class consumer fireworks, 9 but not first-class consumer fireworks, an annual fee of one 10 hundred dollars. 11 b. A license issued to a retailer or community group 12 pursuant to paragraph “a” , subparagraph (1), (2), (3), or (4), 13 shall allow the licensee to sell both first-class consumer 14 fireworks and second-class consumer fireworks. 15 4. The state fire marshal shall adopt rules to: 16 a. Require that any retailer or community group offering 17 for sale at retail any consumer fireworks, as described in APA 18 87-1, chapter 3, shall do so in accordance with the national 19 fire protection association standard 1124, published in the 20 code for the manufacture, transportation, storage, and retail 21 sales of fireworks and pyrotechnic articles, 2006 edition. 22 b. Require that a retailer or community group to be issued 23 a license pursuant to this section provide proof of and 24 maintain commercial general liability insurance with minimum 25 per occurrence coverage of at least one million dollars and 26 aggregate coverage of at least two million dollars. 27 c. Permit a retailer or community group issued a license 28 pursuant to this section to sell consumer fireworks, as 29 described in APA 87-1, chapter 3, at the following locations 30 as specified: 31 (1) At a permanent building that meets the requirements of 32 paragraph “a” , between June 1 and July 8 and between December 10 33 and January 3 each year, all dates inclusive. 34 (2) At a temporary structure that meets the requirements of 35 -3- LSB 2088SZ (1) 87 gh/nh 3/ 15

S.F. 489 paragraph “a” between June 13 and July 8 each year, both dates 1 inclusive. 2 d. A retailer or community group shall not transfer consumer 3 fireworks, as described in APA 87-1, chapter 3, to a person who 4 is under eighteen years of age. 5 5. a. The state fire marshal shall adopt rules to provide 6 that a person’s consumer fireworks seller license may be 7 revoked for the intentional violation of this section. The 8 proceedings for revocation shall be held before the division 9 of the state fire marshal, which may revoke the license or 10 licenses involved as provided in paragraph “b” . 11 b. (1) If, upon the hearing of the order to show cause, 12 the division of the state fire marshal finds that the licensee 13 intentionally violated this section, then the license or 14 licenses under which the licensed retailer or community group 15 sells first-class consumer fireworks or second-class consumer 16 fireworks, shall be revoked. 17 (2) Judicial review of actions of the division of the 18 state fire marshal may be sought in accordance with the terms 19 of the Iowa administrative procedure Act, chapter 17A. If 20 the licensee has not filed a petition for judicial review in 21 district court, revocation shall date from the thirty-first 22 day following the date of the order of the division of the 23 state fire marshal. If the licensee has filed a petition for 24 judicial review, revocation shall date from the thirty-first 25 day following entry of the order of the district court, if 26 action by the district court is adverse to the licensee. 27 (3) A new license shall not be issued to a person whose 28 license has been revoked, or to the business in control of the 29 premises on which the violation occurred if it is established 30 that the owner of the business had actual knowledge of the 31 violation resulting in the license revocation, for the period 32 of one year following the date of revocation. 33 6. a. A consumer fireworks fee fund is created in the 34 state treasury under the control of the state fire marshal. 35 -4- LSB 2088SZ (1) 87 gh/nh 4/ 15

S.F. 489 Notwithstanding section 12C.7, interest or earnings on 1 moneys in the consumer fireworks fee fund shall be credited 2 to the consumer fireworks fee fund. Moneys in the fund are 3 appropriated to the state fire marshal to be used to fulfill 4 the responsibilities of the state fire marshal for the 5 administration and enforcement of this section and section 6 100.19A and to provide grants pursuant to paragraph “b” . The 7 fund shall include the fees collected by the state fire marshal 8 under the fee schedule established pursuant to subsection 3 9 and the fees collected by the state fire marshal under section 10 100.19A for wholesaler registration. 11 b. The state fire marshal shall establish a local fire 12 protection and emergency medical service providers grant 13 program to provide grants to local fire protection service 14 providers and local emergency medical service providers to 15 establish or provide fireworks safety education programming 16 to members of the public. The state fire marshal may also 17 provide grants to local fire protection service providers and 18 local emergency medical service providers for the purchase 19 of necessary enforcement, protection, or emergency response 20 equipment related to the sale and use of consumer fireworks in 21 this state. 22 7. The state fire marshal shall adopt rules for the 23 administration of this section. 24 8. A person who violates a provision of this section or a 25 rule adopted pursuant to this section is guilty of a simple 26 misdemeanor. 27 Sec. 4. NEW SECTION . 100.19A Consumer fireworks wholesaler 28 —— registration —— penalty. 29 1. For purposes of this section: 30 a. “Consumer fireworks” means first-class consumer fireworks 31 and second-class consumer fireworks, as those terms are defined 32 in section 100.19. 33 b. “Wholesaler” means a person who engages in the business 34 of selling or distributing consumer fireworks for the purpose 35 -5- LSB 2088SZ (1) 87 gh/nh 5/ 15

S.F. 489 of resale in this state. 1 2. The state fire marshal shall adopt rules to require all 2 wholesalers to annually register with the state fire marshal. 3 The state fire marshal may also adopt rules to regulate the 4 storage or transfer of consumer fireworks by wholesalers and to 5 require wholesalers to maintain insurance. 6 3. The state fire marshal shall establish an annual 7 registration fee of one thousand dollars for wholesalers 8 of consumer fireworks within the state. Registration fees 9 collected pursuant to this section shall be deposited in the 10 consumer fireworks fee fund created in section 100.19. 11 4. A person who violates a provision of this section or a 12 rule adopted pursuant to this section is guilty of a simple 13 misdemeanor. 14 Sec. 5. Section 101A.1, subsection 3, Code 2017, is amended 15 to read as follows: 16 3. “Explosive” means any chemical compound, mixture 17 or device, the primary or common purpose of which is to 18 function by explosion with substantially instantaneous 19 release of gas and heat, unless such compound, mixture, or 20 device is otherwise specifically classified by the United 21 States department of transportation. The term “explosive” 22 includes all materials which are classified as a class 1, 23 division 1.1, 1.2, 1.3, or 1.4 explosive by the United States 24 department of transportation, under 49 C.F.R. §173.50 , and all 25 materials classified as explosive materials under 18 U.S.C. 26 §841, and includes, but is not limited to, dynamite, black 27 powder, pellet powders, initiating explosives, blasting caps, 28 electric blasting caps, safety fuse, fuse lighters, fuse 29 igniters, squibs, cordeau detonative fuse, instantaneous fuse, 30 igniter cord, igniters, smokeless propellant, cartridges for 31 propellant-actuated power devices, cartridges for industrial 32 guns, and overpressure devices, but does not include “fireworks” 33 as “consumer fireworks” , “display fireworks” , or “novelties” as 34 those terms are defined in section 727.2 or ammunition or small 35 -6- LSB 2088SZ (1) 87 gh/nh 6/ 15

S.F. 489 arms primers manufactured for use in shotguns, rifles, and 1 pistols. Commercial explosives are those explosives which are 2 intended to be used in commercial or industrial operations. 3 Sec. 6. Section 331.301, Code 2017, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 17. The board of supervisors may by 6 ordinance or resolution prohibit or limit the use of consumer 7 fireworks or display fireworks, as described in section 727.2, 8 if the board determines that the use of such devices would 9 constitute a threat to public safety or private property, or 10 if the board determines that the use of such devices would 11 constitute a nuisance to neighboring landowners. 12 Sec. 7. Section 331.304, subsection 8, Code 2017, is amended 13 to read as follows: 14 8. The board, upon application, may grant permits for the 15 display use of display fireworks as provided in section 727.2 . 16 Sec. 8. Section 364.2, Code 2017, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 6. A city council may by ordinance or 19 resolution prohibit or limit the use of consumer fireworks, 20 display fireworks, or novelties, as described in section 727.2. 21 Sec. 9. Section 461A.42, subsection 2, Code 2017, is amended 22 to read as follows: 23 2. The use of consumer fireworks or display fireworks , 24 as defined in section 727.2 , in state parks and preserves is 25 prohibited except as authorized by a permit issued by the 26 department. The commission shall establish, by rule adopted 27 pursuant to chapter 17A , a fireworks permit system which 28 authorizes the issuance of a limited number of permits to 29 qualified persons to use or display fireworks in selected state 30 parks and preserves. 31 Sec. 10. Section 727.2, Code 2017, is amended to read as 32 follows: 33 727.2 Fireworks. 34 1. Definitions. For purposes of this section: 35 -7- LSB 2088SZ (1) 87 gh/nh 7/ 15

S.F. 489 a. “Consumer fireworks” includes first-class consumer 1 fireworks and second-class consumer fireworks as those terms 2 are defined in section 100.19, subsection 1. “Consumer 3 fireworks” does not include novelties enumerated in chapter 4 3 of the American pyrotechnics association’s standard 87-1 5 or display fireworks enumerated in chapter 4 of the American 6 pyrotechnics association’s standard 87-1. 7 b. The term “fireworks” “Display fireworks” includes any 8 explosive composition, or combination of explosive substances, 9 or article prepared for the purpose of producing a visible 10 or audible effect by combustion, explosion, deflagration, 11 or detonation, and includes blank cartridges, firecrackers, 12 torpedoes, skyrockets, roman candles, or other fireworks of 13 like construction and fireworks containing any explosive or 14 flammable compound, or other device containing any explosive 15 substance. The term “fireworks” “Display fireworks” does not 16 include goldstar-producing sparklers on wires which contain 17 no magnesium or chlorate or perchlorate, flitter sparklers 18 in paper tubes that do not exceed one-eighth of an inch in 19 diameter, toy snakes which contain no mercury, or caps used 20 in cap pistols novelties or consumer fireworks enumerated in 21 chapter 3 of the American pyrotechnics association’s standard 22 87-1 . 23 c. “Novelties” includes all novelties enumerated in chapter 24 3 of the American pyrotechnics association’s standard 87-1, and 25 that comply with the labeling regulations promulgated by the 26 United States consumer product safety commission. 27 2. Display fireworks. 28 a. A person, firm, partnership, or corporation who offers 29 for sale, exposes for sale, sells at retail, or uses or 30 explodes any display fireworks, commits a simple misdemeanor . 31 In addition to any other penalties, the punishment imposed 32 for a violation of this section shall include assessment 33 of , punishable by a fine of not less than two hundred fifty 34 dollars. However, the a city council of a city or a county 35 -8- LSB 2088SZ (1) 87 gh/nh 8/ 15

S.F. 489 board of supervisors may, upon application in writing, grant a 1 permit for the display of display fireworks by municipalities, 2 fair associations, amusement parks, and other organizations 3 or groups of individuals approved by the city or the county 4 board of supervisors when the display fireworks display will 5 be handled by a competent operator, but no such permit shall 6 be required for the display of display fireworks at the Iowa 7 state fairgrounds by the Iowa state fair board, at incorporated 8 county fairs, or at district fairs receiving state aid. Sales 9 of display fireworks for such display may be made for that 10 purpose only. 11 b. (1) A person who uses or explodes display fireworks 12 while the use of such devices is prohibited or limited by an 13 ordinance or resolution adopted by the county or city in which 14 the firework is used commits a simple misdemeanor, punishable 15 by a fine of not less than two hundred fifty dollars. 16 (2) A person who uses or explodes display fireworks while 17 the use of such devices is suspended by an order of the state 18 fire marshal commits a simple misdemeanor, punishable by a fine 19 of not less than two hundred fifty dollars. 20 3. Consumer fireworks and novelties. 21 a. A person or a firm, partnership, or corporation may 22 possess, use, or explode consumer fireworks in accordance with 23 this subsection and subsection 4. 24 b. A person, firm, partnership, or corporation who sells 25 consumer fireworks to a person who is less than eighteen years 26 of age commits a simple misdemeanor, punishable by a fine of 27 not less than two hundred fifty dollars. A person who is less 28 than eighteen years of age who purchases consumer fireworks 29 commits a simple misdemeanor, punishable by a fine of not less 30 than two hundred fifty dollars. 31 c. (1) A person who uses or explodes consumer fireworks 32 or novelties while the use of such devices is prohibited or 33 limited by an ordinance adopted by the county or city in which 34 the fireworks are used commits a simple misdemeanor, punishable 35 -9- LSB 2088SZ (1) 87 gh/nh 9/ 15

S.F. 489 by a fine of not less than two hundred fifty dollars. 1 (2) A person who uses or explodes consumer fireworks or 2 novelties while the use of such devices is suspended by an 3 order of the state fire marshal commits a simple misdemeanor, 4 punishable by a fine of not less than two hundred fifty 5 dollars. 6 4. Limitations. 7 a. A person shall not use or explode consumer fireworks on 8 days other than June 1 through July 8 and December 10 through 9 January 3 of each year, all dates inclusive. 10 b. A person shall not use or explode consumer fireworks at 11 times other than between the hours of 9:00 a.m. and 10:00 p.m., 12 except that on the following dates consumer fireworks shall not 13 be used at times other than between the hours specified: 14 (1) Between the hours of 9:00 a.m. and 11:00 p.m. on July 15 4 and the Saturdays and Sundays immediately preceding and 16 following July 4. 17 (2) Between the hours of 9:00 a.m. on December 31 and 12:30 18 a.m. on the immediately following day. 19 (3) Between the hours of 9:00 a.m. and 11:00 p.m. on the 20 Saturdays and Sundays immediately preceding and following 21 December 31. 22 c. A person shall not use consumer fireworks on real 23 property other than that person’s real property or on the real 24 property of a person who has consented to the use of consumer 25 fireworks on that property. 26 d. A person who violates this subsection commits a simple 27 misdemeanor. A court shall not order imprisonment for 28 violation of this subsection. 29 3. 5. Applicability. 30 a. This section does not prohibit the sale by a resident, 31 dealer, manufacturer, or jobber of such fireworks as are 32 not prohibited by this section , or the sale of any kind of 33 fireworks if they are to be shipped out of the state, or the 34 sale or use of blank cartridges for a show or the theater, 35 -10- LSB 2088SZ (1) 87 gh/nh 10/ 15

S.F. 489 or for signal purposes in athletic sports or by railroads 1 or trucks, for signal purposes, or by a recognized military 2 organization. 3 b. This section does not apply to any substance or 4 composition prepared and sold for medicinal or fumigation 5 purposes. 6 c. Unless specifically provided otherwise, this section does 7 not apply to novelties. 8 DIVISION II 9 RULEMAKING 10 Sec. 11. EMERGENCY RULES. The state fire marshal shall 11 adopt emergency rules under section 17A.4, subsection 3, and 12 section 17A.5, subsection 2, paragraph “b”, to implement 13 the provisions of this Act and the rules shall be effective 14 immediately upon filing unless a later date is specified in the 15 rules. Any rules adopted in accordance with this section shall 16 also be published as a notice of intended action as provided 17 in section 17A.4. 18 DIVISION III 19 EFFECTIVE DATE 20 Sec. 12. EFFECTIVE UPON ENACTMENT. This Act, being deemed 21 of immediate importance, takes effect upon enactment. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to the regulation of fireworks. 26 The bill provides that the state fire marshal has the duty to 27 enforce all laws, and rules of the department of public safety 28 concerned with the storage, transportation, handling, and use 29 of fireworks. 30 Current law provides that a person, firm, partnership, or 31 corporation who offers for sale, exposes for sale, sells at 32 retail, or uses or explodes any fireworks, commits a simple 33 misdemeanor. Current law, however, also provides that a county 34 board of supervisors or the department of natural resources may 35 -11- LSB 2088SZ (1) 87 gh/nh 11/ 15

S.F. 489 grant a permit for the display of fireworks if the fireworks 1 display will be handled by a competent operator. Current 2 law further provides that the term “fireworks” includes any 3 explosive composition, or combination of explosive substances, 4 or article prepared for the purpose of producing a visible 5 or audible effect by combustion, explosion, deflagration, 6 or detonation, including blank cartridges, firecrackers, 7 torpedoes, skyrockets, roman candles, or other fireworks of 8 like construction and fireworks containing any explosive or 9 flammable compound, or other device containing any explosive 10 substance with limited exceptions. 11 The bill maintains these restrictions for display fireworks 12 and provides that the term “display fireworks” shall not 13 include novelties or consumer fireworks. The bill provides 14 definitions for the terms “novelties” and “consumer fireworks”. 15 The bill requires that the state fire marshal establish 16 a consumer fireworks seller license, and requires possession 17 of such a license to legally sell consumer fireworks in this 18 state. The state fire marshal is required to establish a fee 19 schedule for consumer fireworks seller licenses. The bill 20 establishes two classes of consumer fireworks and requires 21 a $1,000 annual licensing fee for a retailer at a permanent 22 building who devotes 50 percent or more of the retailer’s 23 retail floor space to the sale or display of first-class 24 consumer fireworks, and a $500 annual licensing fee for a 25 retailer at a temporary structure who devotes 50 percent or 26 more the retailer’s retail floor space to the sale or display 27 of first-class consumer fireworks. Retailers who devote less 28 than 50 percent of the retailer’s retail floor space to the 29 sale or display of first-class consumer fireworks are required 30 to pay an annual licensing fee of $400. A community group 31 that sells first-class consumer fireworks is required to pay 32 an annual licensing fee of $400. The bill requires an annual 33 licensing fee of $100 for retailers or community groups that 34 sell only second-class consumer fireworks. 35 -12- LSB 2088SZ (1) 87 gh/nh 12/ 15

S.F. 489 The bill requires that the state fire marshal adopt rules 1 to require that licensed retailers and community groups only 2 offer consumer fireworks for sale in accordance with specified 3 industry standards. The bill also requires that retailers 4 and community groups provide proof of and maintain commercial 5 general liability insurance with specified coverage amounts. 6 Under the bill, the state fire marshal is required to adopt 7 rules to permit licensed retailers and community groups to sell 8 consumer fireworks at conforming permanent buildings between 9 June 1 and July 8 and between December 10 and January 3 each 10 year and at conforming temporary structures from June 13 to 11 July 8 each year. 12 The bill also provides for the revocation of a consumer 13 fireworks seller license for the intentional violation of 14 licensing requirements. The bill establishes procedures 15 for the revocation of such licenses and procedures for 16 review for such revocations. The bill also establishes a 17 consumer fireworks fee fund under the control of the state 18 fire marshal. The fund shall consist of the fees collected 19 for the licensing of retailers and community groups and the 20 registration of wholesalers. The fund is required to be used 21 for administration and enforcement of the state fire marshal’s 22 consumer fireworks related duties and to provide grants to 23 local fire protection and emergency medical service providers. 24 The bill requires that the state fire marshal adopt rules 25 to require that wholesalers of consumer fireworks annually 26 register with the state fire marshal and allows the state fire 27 marshal to adopt rules related to wholesaler insurance and the 28 storage and transfer of consumer fireworks by wholesalers. The 29 state fire marshal is also required to establish an annual 30 $1,000 wholesaler registration fee to be deposited in the 31 consumer fireworks fee fund. 32 Under the bill, a violation of a licensing or registration 33 provision established in Code or by rule is considered a simple 34 misdemeanor. A simple misdemeanor is punishable by confinement 35 -13- LSB 2088SZ (1) 87 gh/nh 13/ 15

S.F. 489 for no more than 30 days or a fine of at least $65 but not more 1 than $625, or by both. 2 The bill provides that a person or a firm, partnership, or 3 corporation may possess consumer fireworks as provided in the 4 bill. The bill provides that a person, firm, partnership, or 5 corporation who sells any consumer firework to a person who 6 is less than 18 years of age commits a simple misdemeanor. 7 A person who is less than 18 years of age who purchases any 8 consumer fireworks commits a simple misdemeanor. A simple 9 misdemeanor is generally punishable by confinement for no more 10 than 30 days or a fine of at least $65 but not more than $625 or 11 by both, but the bill provides for a fine of at least $250. 12 The bill provides that the state fire marshal may order the 13 suspension of the use of consumer fireworks, display fireworks, 14 or novelties if the fire marshal determines that the use of 15 such devices would constitute a threat to public safety. The 16 bill provides that a person who violates such an order by the 17 fire marshal commits a simple misdemeanor, punishable by a fine 18 of at least $250. 19 The bill provides that a county board of supervisors may 20 adopt an ordinance or resolution to prohibit or limit the 21 use of consumer fireworks or display fireworks if the use of 22 such devices would constitute a threat to public safety or 23 a nuisance. The bill also provides that a city council may 24 adopt an ordinance or resolution to prohibit or limit the use 25 of consumer fireworks, display fireworks, or novelties if the 26 use of such devices would constitute a threat to public safety 27 or a nuisance to landowners. The bill provides that a person 28 who uses fireworks when the use is prohibited or limited by an 29 ordinance in the city or county in which the devices are used 30 commits a simple misdemeanor, punishable by a fine of at least 31 $250. 32 The bill also provides certain restrictions on the use or 33 explosion of consumer fireworks. The bill prohibits the use 34 or explosion of consumer fireworks on days other than June 35 -14- LSB 2088SZ (1) 87 gh/nh 14/ 15

S.F. 489 1 through July 8 and December 10 through January 3 of each 1 year. The bill prohibits the use or explosion of consumer 2 fireworks at a time other than between the hours of 9:00 a.m. 3 and 10:00 p.m. of those days, except as specified in the 4 bill. The bill further prohibits the use of fireworks by a 5 person on the real property of another person unless the owner 6 of the real property has consented to such use. Under the 7 bill, a violation of these restrictions is considered a simple 8 misdemeanor, provided, however, that a court shall not order 9 imprisonment for such a violation. 10 The bill requires the state fire marshal to adopt emergency 11 rules to implement the provisions of the bill, which shall be 12 effective immediately upon filing. 13 The bill takes effect upon enactment. 14 -15- LSB 2088SZ (1) 87 gh/nh 15/ 15