House File 378 - Introduced HOUSE FILE 378 BY McCONKEY A BILL FOR An Act providing for certain fees applicable to licensed 1 consumer fireworks sellers, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1569YH (2) 88 gh/rn
H.F. 378 Section 1. Section 100.19, subsection 7, paragraph a, Code 1 2019, 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 subsection 14 7A, and the fees collected by the state fire marshal under 15 section 100.19A for wholesaler registration. 16 Sec. 2. Section 100.19, Code 2019, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 7A. In addition to the fee for a consumer 19 fireworks seller license as provided in subsection 3, the state 20 fire marshal shall charge a retailer or community group issued 21 a license pursuant to this section an annual fee in an amount 22 equal to one percent of the retailer or community group’s 23 gross sales of consumer fireworks within this state during the 24 preceding calendar year. Fees collected by the state fire 25 marshal pursuant to this subsection shall be deposited in the 26 consumer fireworks fee fund created in subsection 7, paragraph 27 “a” , and shall be used solely for the purpose of providing 28 grants to local fire protection service providers and local 29 emergency medical service providers to establish or provide 30 fireworks safety education programming to members of the public 31 pursuant to subsection 7, paragraph “b” . 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -1- LSB 1569YH (2) 88 gh/rn 1/ 2
H.F. 378 This bill requires the state fire marshal to charge licensed 1 consumer fireworks sellers an annual fee in an amount equal to 2 1 percent of the licensee’s gross sales of consumer fireworks 3 within Iowa during the preceding calendar year. The fee shall 4 be in addition to the required licensing fee. Fees collected 5 pursuant to the bill shall be deposited in the consumer 6 fireworks fee fund, and shall be used solely for the purpose 7 of providing grants to local fire protection service providers 8 and local emergency medical service providers to establish or 9 provide fireworks safety education programming to members of 10 the public. 11 Pursuant to Code section 100.19(9), a person who violates 12 the bill is guilty of a simple misdemeanor. A simple 13 misdemeanor is punishable by confinement for no more than 30 14 days or a fine of at least $65 but not more than $625 or by 15 both. 16 -2- LSB 1569YH (2) 88 gh/rn 2/ 2