HF 2144 (LSB 5253YH (7) 88)

HOUSE FILE 2144

BY  McCONKEY, KACENA, BROWN-POWERS, B. MEYER, and KURTZ

A BILL FOR

An Act providing for certain fees applicable to licensed consumer fireworks sellers, and providing funds to local fire protection providers, emergency medical service providers, and law enforcement agencies for the purchase of equipment and the training of volunteers, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 100.19, subsection 7, paragraph a, Code 2020, is amended to read as follows:
   a.  A consumer fireworks fee fund is created in the state treasury under the control of the state fire marshal. Notwithstanding section 12C.7, interest or earnings on moneys in the consumer fireworks fee fund shall be credited to the consumer fireworks fee fund. Moneys in the fund are appropriated to the state fire marshal to be used to fulfill the responsibilities of the state fire marshal for the administration and enforcement of this section and section 100.19A and to provide grants pursuant to paragraph “b”. The fund shall include the fees collected by the state fire marshal under the fee schedule established pursuant to subsection 3, the fees collected by the state fire marshal under subsection 7A, and the fees collected by the state fire marshal under section 100.19A for wholesaler registration.
    Sec. 2.  Section 100.19, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  7A.  In addition to the fee for a consumer fireworks seller license as provided in subsection 3, the state fire marshal shall charge a retailer or community group issued a license pursuant to this section an annual fee in an amount equal to one percent of the retailer or community group’s gross sales of consumer fireworks within this state during the preceding calendar year. Fees collected by the state fire marshal pursuant to this subsection shall be deposited in the consumer fireworks fee fund created in subsection 7, paragraph “a”, and shall be used solely for the purpose of providing grants to local fire protection providers, emergency medical service providers, and law enforcement agencies to purchase additional enforcement, protection, or emergency response equipment related to the sale and use of consumer fireworks in this state, and to supplement the costs of training programs for the following: volunteer fire protection personnel pursuant to section 100B.6, volunteer emergency medical services personnel pursuant to chapter 147A, and reserve peace officers pursuant to section 80D.4. 
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires the state fire marshal to charge licensed consumer fireworks sellers an annual fee in an amount equal to 1 percent of the licensee’s gross sales of consumer fireworks within Iowa during the preceding calendar year. The fee shall be in addition to the required licensing fee. Fees collected pursuant to the bill shall be deposited in the consumer fireworks fee fund. The fees shall be solely used for the purpose of providing grants to local fire protection providers, emergency medical service providers, and law enforcement agencies to purchase additional enforcement, protection, or emergency response equipment related to the sale and use of consumer fireworks in this state, and to supplement the costs of training programs for the following: volunteer fire protection personnel, volunteer emergency medical services personnel, and reserve peace officers. 
   Pursuant to Code section 101.19(9), a person who violates the bill commits a simple misdemeanor.