H.F. 2328 Section 1. Section 100.19, subsection 7, paragraph a, Code 1 2020, is amended to read as follows: 2 a. A consumer fireworks fee fund is created in the 3 state treasury under the control of the state fire marshal. 4 Notwithstanding section 12C.7 , interest or earnings on 5 moneys in the consumer fireworks fee fund shall be credited 6 to the consumer fireworks fee fund. Moneys in the fund are 7 appropriated to the state fire marshal to be used to fulfill 8 the responsibilities of the state fire marshal for the 9 administration and enforcement of this section and section 10 100.19A and to provide grants pursuant to paragraph “b” . The 11 fund shall include the fees collected by the state fire marshal 12 under the fee schedule established pursuant to subsection 3 , 13 the fees collected by the state fire marshal under the fee 14 schedule established pursuant to section 100.19B, subsection 4, 15 and the fees collected by the state fire marshal under section 16 100.19A for wholesaler registration. 17 Sec. 2. NEW SECTION . 100.19B Pyrotechnic and proximate 18 displays —— licensure requirements —— penalty. 19 1. As used in this section: 20 a. “Display fireworks” means the same as defined in section 21 727.2. 22 b. “Lead pyrotechnic operator” means an individual who 23 conducts a pyrotechnic display in the state and is responsible 24 for the overall safety, setup, discharge, and supervision of 25 the pyrotechnic display. 26 c. “Person” means the same as defined in section 80A.1. 27 d. “Proximate display” means the detonation, ignition, 28 or deflagration of proximate fireworks to produce a visual 29 or audible effect, or the display of any fireworks before a 30 proximate audience, or audience located at a closer distance 31 from such fireworks than permitted in the national fire 32 protection association standard 1123. “Proximate display” does 33 not include the personal private use of consumer fireworks or 34 novelties, as those terms are defined in section 727.2. 35 -1- LSB 5988YH (1) 88 ja/rn 1/ 8

H.F. 2328 e. “Proximate fireworks” means a chemical mixture 1 used in the entertainment industry to produce visible or 2 audible effects, as enumerated in chapter 3 of the American 3 pyrotechnics association’s standard 87-1. 4 f. “Proximate operator” means an individual who conducts 5 a proximate display in the state and is responsible for the 6 safety and control of the proximate display. 7 g. “Pyrotechnic display” means the detonation, ignition, 8 or deflagration of display fireworks to produce a visual or 9 audible effect. 10 h. “Pyrotechnic distributor” means a person who sells or 11 distributes display fireworks for a pyrotechnic display in the 12 state, or provides pyrotechnic display services in connection 13 with a pyrotechnic display in the state. 14 2. The state fire marshal shall establish the following 15 licenses: 16 a. Lead pyrotechnic operator license. 17 (1) An individual shall possess a lead pyrotechnic operator 18 license in order to conduct a pyrotechnic display in the state. 19 (2) An applicant for a lead pyrotechnic operator license 20 shall, at a minimum, meet the following requirements: 21 (a) Be at least twenty-one years of age. 22 (b) Meet the requisite training and education requirements 23 established by the state fire marshal. 24 (c) Be of good moral character and fitness, as prescribed by 25 rules adopted by the state fire marshal. 26 (d) Hold an explosives license or a letter of clearance 27 from the federal bureau of alcohol, tobacco, firearms, and 28 explosives. 29 (3) The state fire marshal may prepare and conduct, or 30 prescribe, an examination for applicants for a lead pyrotechnic 31 operator license. 32 b. Pyrotechnic distributor license. 33 (1) A person shall possess a pyrotechnic distributor 34 license in order to sell or distribute display fireworks for 35 -2- LSB 5988YH (1) 88 ja/rn 2/ 8

H.F. 2328 pyrotechnic displays in the state, or provide pyrotechnic 1 display services in connection with pyrotechnic displays in the 2 state. 3 (2) An applicant for a pyrotechnic display license shall, at 4 a minimum, meet the following requirements: 5 (a) Hold a current license from the federal bureau of 6 alcohol, tobacco, firearms, and explosives for the type of 7 pyrotechnic display to be provided. 8 (b) Maintain product liability insurance coverage in the 9 amount of at least one million dollars. 10 (c) Maintain commercial general liability insurance 11 coverage in the amount of at least one million dollars. 12 (d) Maintain state workers’ compensation insurance 13 coverage. 14 (e) Meet the requisite training and education requirements 15 established by the state fire marshal. 16 (f) Be subject to state taxation as a legal entity doing 17 business in the state. 18 c. Proximate operator license. 19 (1) An individual shall possess a proximate operator 20 license in order to conduct a proximate display in the state. 21 (2) An applicant for a proximate operator license shall, at 22 a minimum, meet the following requirements: 23 (a) Be at least twenty-one years of age. 24 (b) Meet the requisite training and education requirements 25 established by the state fire marshal. 26 (c) Provide proof of and maintain liability insurance 27 coverage in an amount established by the state fire marshal. 28 (3) The state fire marshal may prepare and conduct, or 29 prescribe, an examination for applicants for a proximate 30 operator license. 31 3. An application for a license described in subsection 2 32 shall be made on a form provided by the state fire marshal. 33 The state fire marshal shall adopt rules consistent with this 34 section establishing standards and requirements for licenses 35 -3- LSB 5988YH (1) 88 ja/rn 3/ 8

H.F. 2328 issued pursuant to this section. 1 4. The state fire marshal shall establish by rule an annual 2 fee schedule for licenses issued pursuant to this section. 3 The fees collected by the state fire marshal under the fee 4 schedule shall be deposited in the consumer fireworks fee fund 5 established in section 100.19, subsection 7, paragraph “a” . 6 5. A pyrotechnic display in the state shall be conducted 7 by a licensed lead pyrotechnic operator who meets one of the 8 following conditions: 9 a. Is employed by a licensed pyrotechnic distributor. 10 b. Is insured under a licensed pyrotechnic distributor’s 11 product liability and commercial general liability insurance 12 coverage. 13 6. A proximate display in the state shall be conducted by 14 a licensed proximate operator. 15 7. a. The state fire marshal shall adopt rules to 16 provide that a lead pyrotechnic operator license, pyrotechnic 17 distributor license, or proximate operator license may be 18 revoked for an intentional violation of this section. A 19 proceeding for revocation shall be held before the division 20 of the state fire marshal, which may revoke the license or 21 licenses involved as provided in paragraph “b” . 22 b. (1) If, upon the hearing of the order to show cause, 23 the division of the state fire marshal finds that a licensee 24 intentionally violated this section, then the license or 25 licenses shall be revoked. 26 (2) Judicial review of actions of the division of the state 27 fire marshal may be sought in accordance with chapter 17A. If 28 the licensee has not filed a petition for judicial review in 29 district court, revocation shall date from the thirty-first 30 day following the date of the order of the division of the 31 state fire marshal. If the licensee has filed a petition for 32 judicial review, revocation shall date from the thirty-first 33 day following entry of the order of the district court, if 34 action by the district court is adverse to the licensee. 35 -4- LSB 5988YH (1) 88 ja/rn 4/ 8

H.F. 2328 (3) A new license shall not be issued to a person whose 1 license has been revoked. 2 8. The state fire marshal shall adopt rules for the 3 administration of this section. 4 9. A person who violates a provision of this section or a 5 rule adopted pursuant to this section is guilty of a simple 6 misdemeanor. 7 Sec. 3. Section 461A.42, subsection 2, Code 2020, is amended 8 to read as follows: 9 2. The use of consumer fireworks or display fireworks, 10 as defined in section 727.2 , in state parks and preserves is 11 prohibited except as authorized by a permit issued by the 12 department , provided, however, that a pyrotechnic display, as 13 defined in section 100.19B, in a state park or preserve must be 14 conducted by a licensed lead pyrotechnic operator as provided 15 in section 100.19B, subsection 5 . The commission shall 16 establish, by rule adopted pursuant to chapter 17A , a fireworks 17 permit system which authorizes the issuance of a limited number 18 of permits to qualified persons to use or display fireworks in 19 selected state parks and preserves. 20 Sec. 4. Section 727.2, subsection 2, paragraph a, Code 2020, 21 is amended to read as follows: 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 punishable by a fine of not less than two hundred fifty 26 dollars. However, a city council of a city or a county board 27 of supervisors may, upon application in writing, grant a 28 permit for the a pyrotechnic display of display fireworks by 29 municipalities, fair associations, amusement parks, and other 30 organizations or groups of individuals approved by the city or 31 the county board of supervisors when the pyrotechnic display 32 fireworks will be handled conducted by a competent licensed 33 lead pyrotechnic operator as provided in section 100.19B, 34 subsection 5 , but no such permit shall be required for the 35 -5- LSB 5988YH (1) 88 ja/rn 5/ 8

H.F. 2328 a pyrotechnic display of display fireworks at the Iowa state 1 fairgrounds by the Iowa state fair board, at incorporated 2 county fairs, or at district fairs receiving state aid. Sales 3 of display fireworks by a licensed pyrotechnic distributor for 4 such pyrotechnic display may be made for that purpose only. 5 For purposes of this paragraph, “pyrotechnic display” means the 6 same as defined in section 100.19B. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill establishes new Code section 100.19B, which 11 provides licensing requirements in connection with certain 12 fireworks displays in Iowa. 13 Current law prohibits the sale and use of display fireworks, 14 provided that cities and counties may issue permits for the 15 display of display fireworks if the display is handled by a 16 competent operator. The department of natural resources may 17 also issue permits for the use of display fireworks in state 18 parks and preserves. 19 The bill requires the state fire marshal to establish a lead 20 pyrotechnic operator license. The lead pyrotechnic operator 21 license is required for an individual to conduct a pyrotechnic 22 display in Iowa. The bill defines “pyrotechnic display” to 23 mean the detonation, ignition, or deflagration of display 24 fireworks, as defined in the bill by reference, to produce a 25 visual or audible effect. An applicant for such a license 26 shall, at a minimum, be at least 21 years of age, meet the 27 requisite training and education requirements established by 28 the state fire marshal, be of good moral character and fitness, 29 and hold an explosives license or a letter of clearance 30 from the federal bureau of alcohol, tobacco, firearms, and 31 explosives (BATFE). The state fire marshal may also require an 32 applicant for such license to take an examination. 33 The bill requires the state fire marshal to establish a 34 pyrotechnic distributor license. The pyrotechnic distributor 35 -6- LSB 5988YH (1) 88 ja/rn 6/ 8

H.F. 2328 license is required for a person to sell or distribute display 1 fireworks for pyrotechnic displays in Iowa, or provide 2 pyrotechnic display services in connection with such displays. 3 An applicant for such license shall, at a minimum, hold a 4 current and applicable license from the BATFE, maintain product 5 liability insurance coverage in the amount of at least $1 6 million, maintain commercial general liability insurance 7 coverage in the amount of at least $1 million, maintain state 8 workers’ compensation insurance coverage, meet the requisite 9 training and education requirements, and be subject to state 10 taxation as a legal entity doing business in Iowa. 11 The bill requires the state fire marshal to establish a 12 proximate operator license. The proximate operator license 13 is required for an individual to conduct a proximate display 14 in Iowa. The bill defines “proximate display” to mean the 15 detonation, ignition, or deflagration of proximate fireworks, 16 as defined in the bill, to produce a visual or audible effect, 17 or the use of any fireworks before a proximate audience, as 18 described in the bill, but does not include the personal 19 private use of consumer fireworks or novelties. An applicant 20 for such a license shall, at a minimum, be at least 21 years 21 of age, meet the requisite training and education requirements 22 established by the state fire marshal, and provide proof of and 23 maintain liability insurance coverage in an amount established 24 by the state fire marshal. The state fire marshal may also 25 require an applicant to take an examination. 26 The bill provides that an application for any license 27 provided in the bill shall be made on a form provided by the 28 state fire marshal. The state fire marshal shall adopt rules 29 establishing standards and requirements for such licenses that 30 are consistent with the bill. 31 The bill requires the state fire marshal to establish by 32 rule an annual fee schedule for licenses provided in the bill. 33 Such fees shall be deposited in the consumer fireworks fee fund 34 established in Code section 100.19(7)(a). 35 -7- LSB 5988YH (1) 88 ja/rn 7/ 8

H.F. 2328 The bill provides that a pyrotechnic display in Iowa shall 1 be conducted by a licensed lead pyrotechnic operator who is 2 employed by a licensed pyrotechnic distributor or insured under 3 a licensed pyrotechnic distributor’s product liability and 4 commercial general liability insurance coverage. 5 The bill provides that a proximate display in Iowa shall be 6 conducted by a licensed proximate operator. 7 The bill requires the state fire marshal to adopt rules 8 to provide that a person’s license may be revoked for an 9 intentional violation of the bill’s provisions. The bill 10 establishes a procedure for any such action by the state fire 11 marshal, as described in the bill. The bill provides that a 12 new license shall not be issued to a person whose license is 13 revoked. 14 The bill requires the state fire marshal to adopt rules to 15 administer Code section 100.19B. 16 The bill provides that a person who violates a provision 17 of Code section 100.19B or a rule adopted pursuant to such 18 Code section is guilty of a simple misdemeanor. A simple 19 misdemeanor is punishable by confinement for no more than 30 20 days or a fine of at least $65 but not more than $625 or by 21 both. 22 The bill makes conforming changes by specifying that any 23 permit for a pyrotechnic display issued by a city, county, or 24 department of natural resources, shall require the pyrotechnic 25 display to be conducted by a licensed lead pyrotechnic operator 26 as provided in the bill. 27 -8- LSB 5988YH (1) 88 ja/rn 8/ 8