S.F. 62 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 1168XS (4) 87 gh/nh/rn 1/ 16

S.F. 62 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. 12 (8) Wheels. 13 (9) Wire or dipped sparklers. 14 2. a. The state fire marshal shall establish a consumer 15 fireworks seller license. An application for a consumer 16 fireworks seller license shall be made on a form provided 17 by the state fire marshal. The state fire marshal shall 18 adopt rules consistent with this section establishing minimum 19 requirements for a retailer or community group to be issued a 20 consumer fireworks seller license. 21 b. A person shall possess a consumer fireworks seller 22 license under this section in order to sell consumer fireworks. 23 3. a. The state fire marshal shall establish a fee schedule 24 for consumer fireworks seller licenses as follows: 25 (1) For a retailer who devotes fifty percent or more of 26 the retailer’s retail floor space to the sale or display of 27 first-class consumer fireworks, an annual fee of eight hundred 28 dollars. 29 (2) For a retailer who devotes less than fifty percent of 30 the retailer’s retail floor space to the sale or display of 31 first-class consumer fireworks, an annual fee of four hundred 32 dollars. 33 (3) For a community group that offers for sale, exposes for 34 sale, or sells first-class consumer fireworks, an annual fee 35 -2- LSB 1168XS (4) 87 gh/nh/rn 2/ 16

S.F. 62 of four hundred dollars. 1 (4) For a retailer or community group that offers for sale, 2 exposes for sale, or sells second-class consumer fireworks, 3 but not first-class consumer fireworks, an annual fee of one 4 hundred dollars. 5 b. A license issued to a retailer or community group 6 pursuant to paragraph “a” , subparagraph (1), (2), or (3), shall 7 allow the licensee to sell both first-class consumer fireworks 8 and second-class consumer fireworks. 9 4. The state fire marshal shall adopt rules to do all of the 10 following: 11 a. To establish standards for any retailer or community 12 group offering for sale at retail any consumer fireworks, as 13 described in APA 87-1, chapter 3, consistent with the national 14 fire protection association standard 1124, published in the 15 code for the manufacture, transportation, storage, and retail 16 sales of fireworks and pyrotechnic articles, 2006 edition. 17 b. To require that a retailer or community group to be 18 issued a license pursuant to this section provide proof of 19 and maintain public liability insurance and product liability 20 insurance with minimum per occurrence coverage of at least five 21 million dollars. 22 c. To permit a retailer or community group issued a license 23 pursuant to this section to sell consumer fireworks, as 24 described in APA 87-1, chapter 3, at the following locations 25 as specified: 26 (1) At a permanent building that meets the requirements of 27 paragraph “a” , between May 20 and July 6 and between December 10 28 and January 3 each year, all dates inclusive. 29 (2) At a temporary structure that meets the requirements of 30 paragraph “a” between June 13 and July 6 each year, both dates 31 inclusive. 32 d. A retailer or community group shall not transfer consumer 33 fireworks, as described in APA 87-1, chapter 3, to a person who 34 is under eighteen years of age. 35 -3- LSB 1168XS (4) 87 gh/nh/rn 3/ 16

S.F. 62 5. a. The state fire marshal shall adopt rules to provide 1 that a person’s consumer fireworks seller license may be 2 revoked for the intentional violation of this section. The 3 proceedings for revocation shall be held before the division 4 of the state fire marshal, which may revoke the license or 5 licenses involved as provided in paragraph “b” . 6 b. (1) If, upon the hearing of the order to show cause, 7 the division of the state fire marshal finds that the licensee 8 intentionally violated this section, then the license or 9 licenses under which the licensed retailer or community group 10 sells first-class consumer fireworks or second-class consumer 11 fireworks, shall be revoked. 12 (2) Judicial review of actions of the division of the 13 state fire marshal may be sought in accordance with the terms 14 of the Iowa administrative procedure Act, chapter 17A. If 15 the licensee has not filed a petition for judicial review in 16 district court, revocation shall date from the thirty-first 17 day following the date of the order of the division of the 18 state fire marshal. If the licensee has filed a petition for 19 judicial review, revocation shall date from the thirty-first 20 day following entry of the order of the district court, if 21 action by the district court is adverse to the licensee. 22 (3) A new license shall not be issued to a person whose 23 license has been revoked, or to the business in control of the 24 premises on which the violation occurred if it is established 25 that the owner of the business had actual knowledge of the 26 violation resulting in the license revocation, for the period 27 of one year following the date of revocation. 28 6. a. A consumer fireworks fee fund is created in the 29 state treasury under the control of the state fire marshal. 30 Notwithstanding section 12C.7, interest or earnings on 31 moneys in the consumer fireworks fee fund shall be credited 32 to the consumer fireworks fee fund. Moneys in the fund are 33 appropriated to the state fire marshal to be used to fulfill 34 the responsibilities of the state fire marshal for the 35 -4- LSB 1168XS (4) 87 gh/nh/rn 4/ 16

S.F. 62 administration and enforcement of this section and section 1 100.19A and to provide grants pursuant to paragraph “b” . The 2 fund shall include the fees collected by the state fire marshal 3 under the fee schedule established pursuant to subsection 3 4 and the fees collected by the state fire marshal under section 5 100.19A for wholesaler registration. 6 b. The state fire marshal shall establish a local fire 7 protection and emergency medical service providers grant 8 program to provide grants to local fire protection service 9 providers and local emergency medical service providers to 10 establish or provide fireworks safety education programming 11 to members of the public. The state fire marshal may also 12 provide grants to local fire protection service providers and 13 local emergency medical service providers for the purchase 14 of necessary enforcement, protection, or emergency response 15 equipment related to the sale and use of consumer fireworks in 16 this state. 17 7. The state fire marshal shall adopt rules for the 18 administration of this section. 19 8. A person who violates a provision of this section or a 20 rule adopted pursuant to this section is guilty of a simple 21 misdemeanor. 22 Sec. 4. NEW SECTION . 100.19A Consumer fireworks wholesaler 23 —— registration —— penalty. 24 1. For purposes of this section: 25 a. “Consumer fireworks” means first-class consumer fireworks 26 and second-class consumer fireworks, as those terms are defined 27 in section 100.19. 28 b. “Wholesaler” means a person who engages in the business 29 of selling or distributing consumer fireworks for the purpose 30 of resale in this state. 31 2. The state fire marshal shall adopt rules to require all 32 wholesalers to annually register with the state fire marshal. 33 The state fire marshal may also adopt rules to regulate the 34 storage or transfer of consumer fireworks by wholesalers and to 35 -5- LSB 1168XS (4) 87 gh/nh/rn 5/ 16

S.F. 62 require wholesalers to maintain insurance. 1 3. The state fire marshal shall establish an annual 2 registration fee of one thousand dollars for wholesalers 3 of consumer fireworks within the state. Registration fees 4 collected pursuant to this section shall be deposited in the 5 consumer fireworks fee fund created in section 100.19. 6 4. A person who violates a provision of this section or a 7 rule adopted pursuant to this section is guilty of a simple 8 misdemeanor. 9 Sec. 5. Section 101A.1, subsection 3, Code 2017, is amended 10 to read as follows: 11 3. “Explosive” means any chemical compound, mixture 12 or device, the primary or common purpose of which is to 13 function by explosion with substantially instantaneous 14 release of gas and heat, unless such compound, mixture, or 15 device is otherwise specifically classified by the United 16 States department of transportation. The term “explosive” 17 includes all materials which are classified as a class 1, 18 division 1.1, 1.2, 1.3, or 1.4 explosive by the United States 19 department of transportation, under 49 C.F.R. §173.50 , and all 20 materials classified as explosive materials under 18 U.S.C. 21 §841, and includes, but is not limited to, dynamite, black 22 powder, pellet powders, initiating explosives, blasting caps, 23 electric blasting caps, safety fuse, fuse lighters, fuse 24 igniters, squibs, cordeau detonative fuse, instantaneous fuse, 25 igniter cord, igniters, smokeless propellant, cartridges for 26 propellant-actuated power devices, cartridges for industrial 27 guns, and overpressure devices, but does not include “fireworks” 28 as “consumer fireworks” , “display fireworks” , or “novelties” as 29 those terms are defined in section 727.2 or ammunition or small 30 arms primers manufactured for use in shotguns, rifles, and 31 pistols. Commercial explosives are those explosives which are 32 intended to be used in commercial or industrial operations. 33 Sec. 6. Section 331.301, Code 2017, is amended by adding the 34 following new subsection: 35 -6- LSB 1168XS (4) 87 gh/nh/rn 6/ 16

S.F. 62 NEW SUBSECTION . 17. The board of supervisors may by 1 ordinance or resolution prohibit or limit the use of consumer 2 fireworks or display fireworks, as described in section 727.2, 3 if the board determines that the use of such devices would 4 constitute a threat to public safety or private property, or 5 if the board determines that the use of such devices would 6 constitute a nuisance to neighboring landowners. 7 Sec. 7. Section 331.304, subsection 8, Code 2017, is amended 8 to read as follows: 9 8. The board, upon application, may grant permits for the 10 display use of display fireworks as provided in section 727.2 . 11 Sec. 8. Section 364.2, Code 2017, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 6. A city council may by ordinance or 14 resolution prohibit or limit the use of consumer fireworks, 15 display fireworks, or novelties, as described in section 727.2. 16 Sec. 9. Section 461A.42, subsection 2, Code 2017, is amended 17 to read as follows: 18 2. The use of consumer fireworks or display fireworks , 19 as defined in section 727.2 , in state parks and preserves is 20 prohibited except as authorized by a permit issued by the 21 department. The commission shall establish, by rule adopted 22 pursuant to chapter 17A , a fireworks permit system which 23 authorizes the issuance of a limited number of permits to 24 qualified persons to use or display fireworks in selected state 25 parks and preserves. 26 Sec. 10. Section 727.2, Code 2017, is amended to read as 27 follows: 28 727.2 Fireworks. 29 1. Definitions. For purposes of this section: 30 a. “Consumer fireworks” includes first-class consumer 31 fireworks and second-class consumer fireworks as those terms 32 are defined in section 100.19, subsection 1. 33 b. The term “fireworks” “Display fireworks” includes any 34 explosive composition, or combination of explosive substances, 35 -7- LSB 1168XS (4) 87 gh/nh/rn 7/ 16

S.F. 62 or article prepared for the purpose of producing a visible 1 or audible effect by combustion, explosion, deflagration, 2 or detonation, and includes blank cartridges, firecrackers, 3 torpedoes, skyrockets, roman candles, or other fireworks of 4 like construction and fireworks containing any explosive or 5 flammable compound, or other device containing any explosive 6 substance. The term “fireworks” “Display fireworks” does not 7 include goldstar-producing sparklers on wires which contain 8 no magnesium or chlorate or perchlorate, flitter sparklers 9 in paper tubes that do not exceed one-eighth of an inch in 10 diameter, toy snakes which contain no mercury, or caps used 11 in cap pistols novelties or consumer fireworks enumerated in 12 chapter 3 of the American pyrotechnics association’s standard 13 87-1 . 14 c. “Novelties” includes all novelties enumerated in chapter 15 3 of the American pyrotechnics association’s standard 87-1, and 16 that comply with the labeling regulations promulgated by the 17 United States consumer product safety commission. 18 2. Display fireworks. 19 a. A person, firm, partnership, or corporation who offers 20 for sale, exposes for sale, sells at retail, or uses or 21 explodes any display fireworks, commits a simple misdemeanor . 22 In addition to any other penalties, the punishment imposed 23 for a violation of this section shall include assessment 24 of , punishable by a fine of not less than two hundred fifty 25 dollars. However, the a city council of a city or a county 26 board of supervisors may, upon application in writing, grant a 27 permit for the display of display fireworks by municipalities, 28 fair associations, amusement parks, and other organizations 29 or groups of individuals approved by the city or the county 30 board of supervisors when the display fireworks display will 31 be handled by a competent operator, but no such permit shall 32 be required for the display of display fireworks at the Iowa 33 state fairgrounds by the Iowa state fair board, at incorporated 34 county fairs, or at district fairs receiving state aid. Sales 35 -8- LSB 1168XS (4) 87 gh/nh/rn 8/ 16

S.F. 62 of display fireworks for such display may be made for that 1 purpose only. 2 b. (1) A person who uses or explodes display fireworks 3 while the use of such devices is prohibited or limited by an 4 ordinance or resolution adopted by the county or city in which 5 the firework is used commits a simple misdemeanor, punishable 6 by a fine of not less than two hundred fifty dollars. 7 (2) A person who uses or explodes display fireworks while 8 the use of such devices is suspended by an order of the state 9 fire marshal commits a simple misdemeanor, punishable by a fine 10 of not less than two hundred fifty dollars. 11 3. Consumer fireworks and novelties. 12 a. A person or a firm, partnership, or corporation may 13 possess, use, or explode consumer fireworks in accordance with 14 this subsection and subsection 4. 15 b. A person, firm, partnership, or corporation who sells 16 consumer fireworks to a person who is less than eighteen years 17 of age commits a simple misdemeanor, punishable by a fine of 18 not less than two hundred fifty dollars. A person who is less 19 than eighteen years of age who purchases consumer fireworks 20 commits a simple misdemeanor, punishable by a fine of not less 21 than two hundred fifty dollars. 22 c. (1) A person who uses or explodes consumer fireworks 23 or novelties while the use of such devices is prohibited or 24 limited by an ordinance adopted by the county or city in which 25 the fireworks are used commits a simple misdemeanor, punishable 26 by a fine of not less than two hundred fifty dollars. 27 (2) A person who uses or explodes consumer fireworks or 28 novelties while the use of such devices is suspended by an 29 order of the state fire marshal commits a simple misdemeanor, 30 punishable by a fine of not less than two hundred fifty 31 dollars. 32 4. Limitations. 33 a. A person shall not use or explode consumer fireworks on 34 days other than June 24 through July 6 and December 24 through 35 -9- LSB 1168XS (4) 87 gh/nh/rn 9/ 16

S.F. 62 January 3 of each year, all dates inclusive. 1 b. A person shall not use or explode consumer fireworks at 2 times other than between the hours of 9:00 a.m. and 10:00 p.m., 3 except that on the following dates consumer fireworks shall not 4 be used at times other than between the hours specified: 5 (1) Between the hours of 9:00 a.m. and 11:00 p.m. on July 6 4 and the Saturdays and Sundays immediately preceding and 7 following July 4. 8 (2) Between the hours of 9:00 a.m. on December 31 and 12:30 9 a.m. on the immediately following day. 10 (3) Between the hours of 9:00 a.m. and 11:00 p.m. on the 11 Saturdays and Sundays immediately preceding and following 12 December 31. 13 c. A person shall not use consumer fireworks on real 14 property other than that person’s real property or on the real 15 property of a person who has consented to the use of consumer 16 fireworks on that property. 17 d. A person who violates this subsection commits a simple 18 misdemeanor. A court shall not order imprisonment for 19 violation of this subsection. 20 3. 5. Applicability. 21 a. This section does not prohibit the sale by a resident, 22 dealer, manufacturer, or jobber of such fireworks as are 23 not prohibited by this section , or the sale of any kind of 24 fireworks if they are to be shipped out of the state, or the 25 sale or use of blank cartridges for a show or the theater, 26 or for signal purposes in athletic sports or by railroads 27 or trucks, for signal purposes, or by a recognized military 28 organization. 29 b. This section does not apply to any substance or 30 composition prepared and sold for medicinal or fumigation 31 purposes. 32 c. Unless specifically provided otherwise, this section does 33 not apply to novelties. 34 DIVISION II 35 -10- LSB 1168XS (4) 87 gh/nh/rn 10/ 16

S.F. 62 CONSUMER FIREWORKS SALES TAX 1 Sec. 11. Section 97A.11A, Code 2017, is amended to read as 2 follows: 3 97A.11A Supplemental state appropriation. 4 1. a. Beginning with the fiscal year commencing July 1, 5 2013, and ending June 30 of the fiscal year during which the 6 board determines that the system’s funded ratio of assets 7 to liabilities is at least eighty-five percent, there is 8 appropriated from the general fund of the state for each fiscal 9 year to the retirement fund described in section 97A.8 , an 10 amount equal to five million dollars. 11 2. b. Moneys appropriated by the state pursuant to this 12 section subsection shall not be used to reduce the normal rate 13 of contribution by the state below seventeen percent. 14 2. Beginning the first day of the calendar quarter following 15 the effective date of this Act, the department of revenue shall 16 transfer from the general fund of the state to the retirement 17 fund described in section 97A.8, an amount equal to the portion 18 of the sales tax receipts collected and remitted on or after 19 the effective date of this Act upon the sale of consumer 20 fireworks pursuant to section 423.2, subsection 11, paragraph 21 “b” , subparagraph (8). 22 Sec. 12. Section 423.2, subsection 11, paragraph b, Code 23 2017, is amended by adding the following new subparagraph: 24 NEW SUBPARAGRAPH . (8) (a) Beginning the first day of the 25 calendar quarter following the effective date of this Act, 26 transfer to the department of public safety peace officers’ 27 retirement, accident, and disability system described in 28 section 97A.8, an amount equal to the portion of the sales tax 29 receipts collected and remitted on or after the effective date 30 of this Act upon the sale of consumer fireworks by persons 31 licensed to sell consumer fireworks pursuant to sections 100.19 32 and 100.19A, that remains after the transfers required in 33 subparagraphs (1) through (7) of this paragraph “b” . 34 (b) For purposes of this subparagraph (8), “consumer 35 -11- LSB 1168XS (4) 87 gh/nh/rn 11/ 16

S.F. 62 fireworks” means first-class consumer fireworks and second-class 1 consumer fireworks, as those terms are defined in section 2 100.19. 3 DIVISION III 4 RULEMAKING 5 Sec. 13. EMERGENCY RULES. The state fire marshal shall 6 adopt emergency rules under section 17A.4, subsection 3, and 7 section 17A.5, subsection 2, paragraph “b”, to implement 8 the provisions of this Act and the rules shall be effective 9 immediately upon filing unless a later date is specified in the 10 rules. Any rules adopted in accordance with this section shall 11 also be published as a notice of intended action as provided 12 in section 17A.4. 13 DIVISION IV 14 EFFECTIVE DATE 15 Sec. 14. EFFECTIVE UPON ENACTMENT. This Act, being deemed 16 of immediate importance, takes effect upon enactment. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to the regulation of fireworks. 21 The bill provides that the state fire marshal has the duty to 22 enforce all laws, and rules of the department of public safety 23 concerned with the storage, transportation, handling, and use 24 of fireworks. 25 Current law provides that a person, firm, partnership, or 26 corporation who offers for sale, exposes for sale, sells at 27 retail, or uses or explodes any fireworks, commits a simple 28 misdemeanor. Current law, however, also provides that a county 29 board of supervisors or the department of natural resources may 30 grant a permit for the display of fireworks if the fireworks 31 display will be handled by a competent operator. Current 32 law further provides that the term “fireworks” includes any 33 explosive composition, or combination of explosive substances, 34 or article prepared for the purpose of producing a visible 35 -12- LSB 1168XS (4) 87 gh/nh/rn 12/ 16

S.F. 62 or audible effect by combustion, explosion, deflagration, 1 or detonation, including blank cartridges, firecrackers, 2 torpedoes, skyrockets, roman candles, or other fireworks of 3 like construction and fireworks containing any explosive or 4 flammable compound, or other device containing any explosive 5 substance with limited exceptions. 6 The bill maintains these restrictions for display fireworks 7 and provides that the term “display fireworks” shall not 8 include novelties or consumer fireworks. The bill provides 9 definitions for the terms “novelties” and “consumer fireworks”. 10 The bill requires that the state fire marshal establish 11 a consumer fireworks seller license, and requires possession 12 of such a license to legally sell consumer fireworks in this 13 state. The state fire marshal is required to establish a fee 14 schedule for consumer fireworks seller licenses. The bill 15 establishes two classes of consumer fireworks and requires 16 an $800 annual licensing fee for a retailer who devotes 50 17 percent or more of the retailer’s retail floor space to the 18 sale or display of first-class consumer fireworks. Retailers 19 who devote less than 50 percent of the retailer’s retail 20 floor space to the sale or display of first-class consumer 21 fireworks are required to pay an annual licensing fee of $400. 22 A community group that sells first-class consumer fireworks 23 is required to pay an annual licensing fee of $400. The 24 bill requires an annual licensing fee of $100 for retailers 25 or community groups that sell only second-class consumer 26 fireworks. 27 The bill requires that the state fire marshal adopt rules 28 to establish standards for licensed retailers and community 29 groups to offer consumer fireworks for sale in accordance with 30 specified industry standards. The bill also requires that 31 retailers and community groups provide proof of and maintain 32 public liability and product liability insurance. Under the 33 bill, the state fire marshal is required to adopt rules to 34 permit licensed retailers and community groups to sell consumer 35 -13- LSB 1168XS (4) 87 gh/nh/rn 13/ 16

S.F. 62 fireworks at conforming permanent buildings between May 20 and 1 July 6 and between December 10 and January 3 each year and at 2 conforming temporary structures from June 13 to July 6 each 3 year. 4 The bill also provides for the revocation of a consumer 5 fireworks seller license for the intentional violation of 6 licensing requirements. The bill establishes procedures 7 for the revocation of such licenses and procedures for 8 review for such revocations. The bill also establishes a 9 consumer fireworks fee fund under the control of the state 10 fire marshal. The fund shall consist of the fees collected 11 for the licensing of retailers and community groups and the 12 registration of wholesalers. The fund is required to be used 13 for administration and enforcement of the state fire marshal’s 14 consumer fireworks related duties and to provide grants to 15 local fire protection and emergency medical service providers. 16 The bill requires that the state fire marshal adopt rules 17 to require that wholesalers of consumer fireworks annually 18 register with the state fire marshal and allows the state fire 19 marshal to adopt rules related to wholesaler insurance and the 20 storage and transfer of consumer fireworks by wholesalers. The 21 state fire marshal is also required to establish an annual 22 $1,000 wholesaler registration fee to be deposited in the 23 consumer fireworks fee fund. 24 Under the bill, a violation of a licensing or registration 25 provision established in Code or by rule is considered a simple 26 misdemeanor. A simple misdemeanor is punishable by confinement 27 for no more than 30 days or a fine of at least $65 but not more 28 than $625, or by both. 29 The bill provides that a person or a firm, partnership, or 30 corporation may possess consumer fireworks as provided in the 31 bill. The bill provides that a person, firm, partnership, or 32 corporation who sells any consumer firework to a person who 33 is less than 18 years of age commits a simple misdemeanor. 34 A person who is less than 18 years of age who purchases any 35 -14- LSB 1168XS (4) 87 gh/nh/rn 14/ 16

S.F. 62 consumer fireworks commits a simple misdemeanor. A simple 1 misdemeanor is generally punishable by confinement for no more 2 than 30 days or a fine of at least $65 but not more than $625 or 3 by both, but the bill provides for a fine of at least $250. 4 The bill provides that the state fire marshal may order the 5 suspension of the use of consumer fireworks, display fireworks, 6 or novelties if the fire marshal determines that the use of 7 such devices would constitute a threat to public safety. The 8 bill provides that a person who violates such an order by the 9 fire marshal commits a simple misdemeanor, punishable by a fine 10 of at least $250. 11 The bill provides that a county board of supervisors may 12 adopt an ordinance or resolution to prohibit or limit the 13 use of consumer fireworks or display fireworks if the use of 14 such devices would constitute a threat to public safety or 15 a nuisance. The bill also provides that a city council may 16 adopt an ordinance or resolution to prohibit or limit the use 17 of consumer fireworks, display fireworks, or novelties if the 18 use of such devices would constitute a threat to public safety 19 or a nuisance to landowners. The bill provides that a person 20 who uses fireworks when the use is prohibited or limited by an 21 ordinance in the city or county in which the devices are used 22 commits a simple misdemeanor, punishable by a fine of at least 23 $250. 24 The bill also provides certain restrictions on the use or 25 explosion of consumer fireworks. The bill prohibits the use 26 or explosion of consumer fireworks on days other than June 27 24 through July 6 and December 24 through January 3 of each 28 year. The bill prohibits the use or explosion of consumer 29 fireworks at a time other than between the hours of 9:00 a.m. 30 and 10:00 p.m. of those days, except as specified in the 31 bill. The bill further prohibits the use of fireworks by a 32 person on the real property of another person unless the owner 33 of the real property has consented to such use. Under the 34 bill, a violation of these restrictions is considered a simple 35 -15- LSB 1168XS (4) 87 gh/nh/rn 15/ 16

S.F. 62 misdemeanor, provided, however, that a court shall not order 1 imprisonment for such a violation. 2 The bill requires the department of revenue to transfer an 3 amount equal to the portion of the sales tax receipts collected 4 from the sale of consumer fireworks to the department of public 5 safety peace officers’ retirement, accident, and disability 6 system described in Code section 97A.8. 7 The bill requires the state fire marshal to adopt emergency 8 rules to implement the provisions of the bill, which shall be 9 effective immediately upon filing. 10 The bill takes effect upon enactment. 11 -16- LSB 1168XS (4) 87 gh/nh/rn 16/ 16