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
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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
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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
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