S.F. _____ 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 2088XC (3) 87 gh/nh 1/ 15

S.F. _____ 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 at a permanent building who devotes fifty 26 percent or more of the retailer’s retail floor space to the 27 sale or display of first-class consumer fireworks, an annual 28 fee of one thousand dollars. 29 (2) For a retailer at a temporary structure who devotes 30 fifty percent or more of the retailer’s retail floor space 31 to the sale or display of first-class consumer fireworks, an 32 annual fee of five hundred dollars. 33 (3) For a retailer who devotes less than fifty percent of 34 the retailer’s retail floor space to the sale or display of 35 -2- LSB 2088XC (3) 87 gh/nh 2/ 15

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

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

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

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

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

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

S.F. _____ be required for the display of display fireworks at the Iowa 1 state fairgrounds by the Iowa state fair board, at incorporated 2 county fairs, or at district fairs receiving state aid. Sales 3 of display fireworks for such display may be made for that 4 purpose only. 5 b. (1) A person who uses or explodes display fireworks 6 while the use of such devices is prohibited or limited by an 7 ordinance or resolution adopted by the county or city in which 8 the firework is used commits a simple misdemeanor, punishable 9 by a fine of not less than two hundred fifty dollars. 10 (2) A person who uses or explodes display fireworks while 11 the use of such devices is suspended by an order of the state 12 fire marshal commits a simple misdemeanor, punishable by a fine 13 of not less than two hundred fifty dollars. 14 3. Consumer fireworks and novelties. 15 a. A person or a firm, partnership, or corporation may 16 possess, use, or explode consumer fireworks in accordance with 17 this subsection and subsection 4. 18 b. A person, firm, partnership, or corporation who sells 19 consumer fireworks to a person who is less than eighteen years 20 of age commits a simple misdemeanor, punishable by a fine of 21 not less than two hundred fifty dollars. A person who is less 22 than eighteen years of age who purchases consumer fireworks 23 commits a simple misdemeanor, punishable by a fine of not less 24 than two hundred fifty dollars. 25 c. (1) A person who uses or explodes consumer fireworks 26 or novelties while the use of such devices is prohibited or 27 limited by an ordinance adopted by the county or city in which 28 the fireworks are used commits a simple misdemeanor, punishable 29 by a fine of not less than two hundred fifty dollars. 30 (2) A person who uses or explodes consumer fireworks or 31 novelties while the use of such devices is suspended by an 32 order of the state fire marshal commits a simple misdemeanor, 33 punishable by a fine of not less than two hundred fifty 34 dollars. 35 -9- LSB 2088XC (3) 87 gh/nh 9/ 15

S.F. _____ 4. Limitations. 1 a. A person shall not use or explode consumer fireworks on 2 days other than June 24 through July 6 and December 24 through 3 January 3 of each year, all dates inclusive. 4 b. A person shall not use or explode consumer fireworks at 5 times other than between the hours of 9:00 a.m. and 10:00 p.m., 6 except that on the following dates consumer fireworks shall not 7 be used at times other than between the hours specified: 8 (1) Between the hours of 9:00 a.m. and 11:00 p.m. on July 9 4 and the Saturdays and Sundays immediately preceding and 10 following July 4. 11 (2) Between the hours of 9:00 a.m. on December 31 and 12:30 12 a.m. on the immediately following day. 13 (3) Between the hours of 9:00 a.m. and 11:00 p.m. on the 14 Saturdays and Sundays immediately preceding and following 15 December 31. 16 c. A person shall not use consumer fireworks on real 17 property other than that person’s real property or on the real 18 property of a person who has consented to the use of consumer 19 fireworks on that property. 20 d. A person who violates this subsection commits a simple 21 misdemeanor. A court shall not order imprisonment for 22 violation of this subsection. 23 3. 5. Applicability. 24 a. This section does not prohibit the sale by a resident, 25 dealer, manufacturer, or jobber of such fireworks as are 26 not prohibited by this section , or the sale of any kind of 27 fireworks if they are to be shipped out of the state, or the 28 sale or use of blank cartridges for a show or the theater, 29 or for signal purposes in athletic sports or by railroads 30 or trucks, for signal purposes, or by a recognized military 31 organization. 32 b. This section does not apply to any substance or 33 composition prepared and sold for medicinal or fumigation 34 purposes. 35 -10- LSB 2088XC (3) 87 gh/nh 10/ 15

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

S.F. _____ or detonation, including blank cartridges, firecrackers, 1 torpedoes, skyrockets, roman candles, or other fireworks of 2 like construction and fireworks containing any explosive or 3 flammable compound, or other device containing any explosive 4 substance with limited exceptions. 5 The bill maintains these restrictions for display fireworks 6 and provides that the term “display fireworks” shall not 7 include novelties or consumer fireworks. The bill provides 8 definitions for the terms “novelties” and “consumer fireworks”. 9 The bill requires that the state fire marshal establish 10 a consumer fireworks seller license, and requires possession 11 of such a license to legally sell consumer fireworks in this 12 state. The state fire marshal is required to establish a fee 13 schedule for consumer fireworks seller licenses. The bill 14 establishes two classes of consumer fireworks and requires 15 a $1,000 annual licensing fee for a retailer at a permanent 16 building who devotes 50 percent or more of the retailer’s 17 retail floor space to the sale or display of first-class 18 consumer fireworks, and a $500 annual licensing fee for a 19 retailer at a temporary structure who devotes 50 percent or 20 more the retailer’s retail floor space to the sale or display 21 of first-class consumer fireworks. Retailers who devote less 22 than 50 percent of the retailer’s retail floor space to the 23 sale or display of first-class consumer fireworks are required 24 to pay an annual licensing fee of $400. A community group 25 that sells first-class consumer fireworks is required to pay 26 an annual licensing fee of $400. The bill requires an annual 27 licensing fee of $100 for retailers or community groups that 28 sell only second-class consumer fireworks. 29 The bill requires that the state fire marshal adopt rules 30 to require that licensed retailers and community groups only 31 offer consumer fireworks for sale in accordance with specified 32 industry standards. The bill also requires that retailers 33 and community groups provide proof of and maintain commercial 34 general liability insurance with specified coverage amounts. 35 -12- LSB 2088XC (3) 87 gh/nh 12/ 15

S.F. _____ Under the bill, the state fire marshal is required to adopt 1 rules to permit licensed retailers and community groups to sell 2 consumer fireworks at conforming permanent buildings between 3 May 20 and July 6 and between December 10 and January 3 each 4 year and at conforming temporary structures from June 13 to 5 July 6 each year. 6 The bill also provides for the revocation of a consumer 7 fireworks seller license for the intentional violation of 8 licensing requirements. The bill establishes procedures 9 for the revocation of such licenses and procedures for 10 review for such revocations. The bill also establishes a 11 consumer fireworks fee fund under the control of the state 12 fire marshal. The fund shall consist of the fees collected 13 for the licensing of retailers and community groups and the 14 registration of wholesalers. The fund is required to be used 15 for administration and enforcement of the state fire marshal’s 16 consumer fireworks related duties and to provide grants to 17 local fire protection and emergency medical service providers. 18 The bill requires that the state fire marshal adopt rules 19 to require that wholesalers of consumer fireworks annually 20 register with the state fire marshal and allows the state fire 21 marshal to adopt rules related to wholesaler insurance and the 22 storage and transfer of consumer fireworks by wholesalers. The 23 state fire marshal is also required to establish an annual 24 $1,000 wholesaler registration fee to be deposited in the 25 consumer fireworks fee fund. 26 Under the bill, a violation of a licensing or registration 27 provision established in Code or by rule is considered a simple 28 misdemeanor. A simple misdemeanor is punishable by confinement 29 for no more than 30 days or a fine of at least $65 but not more 30 than $625, or by both. 31 The bill provides that a person or a firm, partnership, or 32 corporation may possess consumer fireworks as provided in the 33 bill. The bill provides that a person, firm, partnership, or 34 corporation who sells any consumer firework to a person who 35 -13- LSB 2088XC (3) 87 gh/nh 13/ 15

S.F. _____ is less than 18 years of age commits a simple misdemeanor. 1 A person who is less than 18 years of age who purchases any 2 consumer fireworks commits a simple misdemeanor. A simple 3 misdemeanor is generally punishable by confinement for no more 4 than 30 days or a fine of at least $65 but not more than $625 or 5 by both, but the bill provides for a fine of at least $250. 6 The bill provides that the state fire marshal may order the 7 suspension of the use of consumer fireworks, display fireworks, 8 or novelties if the fire marshal determines that the use of 9 such devices would constitute a threat to public safety. The 10 bill provides that a person who violates such an order by the 11 fire marshal commits a simple misdemeanor, punishable by a fine 12 of at least $250. 13 The bill provides that a county board of supervisors may 14 adopt an ordinance or resolution to prohibit or limit the 15 use of consumer fireworks or display fireworks if the use of 16 such devices would constitute a threat to public safety or 17 a nuisance. The bill also provides that a city council may 18 adopt an ordinance or resolution to prohibit or limit the use 19 of consumer fireworks, display fireworks, or novelties if the 20 use of such devices would constitute a threat to public safety 21 or a nuisance to landowners. The bill provides that a person 22 who uses fireworks when the use is prohibited or limited by an 23 ordinance in the city or county in which the devices are used 24 commits a simple misdemeanor, punishable by a fine of at least 25 $250. 26 The bill also provides certain restrictions on the use or 27 explosion of consumer fireworks. The bill prohibits the use 28 or explosion of consumer fireworks on days other than June 29 24 through July 6 and December 24 through January 3 of each 30 year. The bill prohibits the use or explosion of consumer 31 fireworks at a time other than between the hours of 9:00 a.m. 32 and 10:00 p.m. of those days, except as specified in the 33 bill. The bill further prohibits the use of fireworks by a 34 person on the real property of another person unless the owner 35 -14- LSB 2088XC (3) 87 gh/nh 14/ 15

S.F. _____ of the real property has consented to such use. Under the 1 bill, a violation of these restrictions is considered a simple 2 misdemeanor, provided, however, that a court shall not order 3 imprisonment for such a violation. 4 The bill requires the state fire marshal to adopt emergency 5 rules to implement the provisions of the bill, which shall be 6 effective immediately upon filing. 7 The bill takes effect upon enactment. 8 -15- LSB 2088XC (3) 87 gh/nh 15/ 15