S.F. 535 Section 1. Section 9C.1, subsection 3, Code 2019, is amended 1 to read as follows: 2 3. The provisions of this chapter shall not be construed 3 to apply to persons selling at wholesale to merchants, nor to 4 transient vendors of drugs, nor to persons running a huckster 5 wagon, or selling or distributing livestock feeds, fresh meats, 6 fish, fruit, or vegetables, nor to persons selling consumer 7 fireworks, display fireworks, or novelties, as those terms are 8 defined in section 727.2, nor to persons selling their own work 9 or production either by themselves or employees. 10 Sec. 2. Section 100.19, Code 2019, is amended by adding the 11 following new subsections: 12 NEW SUBSECTION . 3A. a. The state fire marshal shall 13 approve or deny a completed application for a consumer 14 fireworks seller license, submitted on or before April 30, no 15 later than the following June 1 for an application to sell 16 consumer fireworks at a permanent building, or no later than 17 the following June 13 for an application to sell consumer 18 fireworks at a temporary structure. 19 b. If the state fire marshal fails to act on a completed 20 application for a license within the applicable time frame as 21 specified in paragraph “a” , the application shall be deemed 22 approved. This paragraph shall not restrict the authority of 23 the state fire marshal to revoke a license approved pursuant to 24 this paragraph for any intentional violation of this section, 25 in accordance with subsection 6. 26 NEW SUBSECTION . 7A. a. The state fire marshal shall have 27 sole authority to require or authorize inspections relating to 28 consumer fireworks seller licensing pursuant to this section. 29 A city or county shall not have the authority to require or 30 authorize any inspection relating to consumer fireworks seller 31 licensing, provided, however, that the state fire marshal may 32 authorize a city or county employee to conduct an inspection on 33 behalf of the state fire marshal. 34 b. Any inspection required or authorized by the state fire 35 -1- LSB 1545SV (3) 88 gh/rn 1/ 7

S.F. 535 marshal relating to consumer fireworks seller licensing shall 1 be paid from moneys deposited in the consumer fireworks fee 2 fund created in subsection 7, paragraph “a” , regardless of 3 whether the inspection is conducted by the state fire marshal 4 or any other person authorized by the state fire marshal. 5 Sec. 3. Section 100.19, subsection 4, paragraph c, 6 subparagraph (2), Code 2019, is amended to read as follows: 7 (2) At a temporary structure that meets the requirements 8 of paragraph “a” between June 13 20 and July 8 each year, both 9 dates inclusive. 10 Sec. 4. Section 100.19, subsection 4, Code 2019, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . d. Prohibit a retailer or community group 13 issued a license pursuant to this section to sell consumer 14 fireworks, as described in APA 87-1, chapter 3, in any 15 residential zone or district. 16 Sec. 5. NEW SECTION . 100.19B Fireworks regulation —— 17 uniform application. 18 1. In order to provide for the uniform application of the 19 provisions of sections 100.19, 100.19A, 727.2, and any other 20 provision relating to the regulation of fireworks within this 21 state, it is intended that the sole and only regulation of 22 fireworks in the state, including consumer fireworks, display 23 fireworks, and novelties, shall be those enacted by the general 24 assembly and attendant rules allowed thereunder by the division 25 of the state fire marshal. Any law, ordinance, or regulation 26 adopted by a municipality, county, or other governmental unit 27 within this state relating to consumer fireworks, display 28 fireworks, or novelties existing on the effective date of this 29 Act shall be or become void, unenforceable, and of no effect. 30 2. A municipality, county, or other governmental unit 31 that adopts or enforces any law, ordinance, or regulation in 32 violation of this section shall be liable for court costs, 33 expenses, and reasonable attorney fees incurred by a prevailing 34 party bringing a claim against the municipality, county, or 35 -2- LSB 1545SV (3) 88 gh/rn 2/ 7

S.F. 535 other governmental unit based on the adoption or enforcement of 1 the law, ordinance, or regulation. 2 3. a. Notwithstanding subsection 1, a city or county may 3 prohibit or limit the use of consumer fireworks pursuant to 4 section 331.301, subsection 17, or 364.2, subsection 6, and 5 grant permits for the display of display fireworks pursuant to 6 section 727.2, subsection 2, paragraph “a” . 7 b. Notwithstanding subsection 1, the department of natural 8 resources may issue permits for the use of consumer fireworks 9 and display fireworks in state parks and preserves pursuant to 10 section 461A.42, subsection 2. 11 4. For purposes of this section, “consumer fireworks” , 12 “display fireworks” , and “novelties” means the same as those 13 terms are defined in section 727.2. 14 Sec. 6. Section 331.301, subsection 17, Code 2019, is 15 amended to read as follows: 16 17. The board of supervisors may by ordinance or resolution 17 prohibit or limit the use of consumer fireworks or display 18 fireworks , as described in section 727.2 , if the board 19 determines that the use of such devices would constitute a 20 threat to public safety or private property, or if the board 21 determines that the use of such devices would constitute a 22 nuisance to neighboring landowners on dates and at times that 23 are more stringent than the limitations described in section 24 727.2, subsection 4 . 25 Sec. 7. NEW SECTION . 335.2A Sale of consumer fireworks —— 26 limitation. 27 A county shall not adopt or enforce any ordinance under 28 this chapter to regulate, restrict, or prohibit the location 29 of permanent buildings or temporary structures used for the 30 sale of consumer fireworks pursuant to section 100.19, in any 31 location zoned for commercial or industrial purposes. 32 Sec. 8. Section 364.2, subsection 6, Code 2019, is amended 33 to read as follows: 34 6. A city council may by ordinance or resolution prohibit 35 -3- LSB 1545SV (3) 88 gh/rn 3/ 7

S.F. 535 or limit the use of consumer fireworks, display fireworks, 1 or novelties, as described in section 727.2 , on dates and at 2 times that are more stringent than the limitations described 3 in section 727.2, subsection 4 . 4 Sec. 9. Section 414.1, subsection 1, Code 2019, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . c. A city shall not adopt or enforce any 7 regulation or restriction under this chapter to regulate, 8 restrict, or prohibit the location of permanent buildings or 9 temporary structures used for the sale of consumer fireworks 10 pursuant to section 100.19, in any location zoned for 11 commercial or industrial purposes. 12 Sec. 10. Section 727.2, subsection 4, paragraph b, Code 13 2019, is amended to read as follows: 14 b. A person shall not use or explode consumer fireworks at 15 times other than between the hours of 9:00 a.m. and 10:00 p.m., 16 except that on the following dates consumer fireworks shall not 17 be used at times other than between the hours specified: 18 (1) Between the hours of 9:00 a.m. and 11:00 p.m. on July 4 19 and the Fridays and Saturdays and Sundays immediately preceding 20 and following July 4. 21 (2) Between the hours of 9:00 a.m. on December 31 and 12:30 22 a.m. on the immediately following day. 23 (3) Between the hours of 9:00 a.m. and 11:00 p.m. on the 24 Fridays and Saturdays and Sundays immediately preceding and 25 following December 31. 26 Sec. 11. Section 727.2, subsection 4, Code 2019, is amended 27 by adding the following new paragraph: 28 NEW PARAGRAPH . 0c. A city or county may prohibit or limit 29 the use of consumer fireworks on dates and at times that are 30 more stringent than the limitations described in paragraphs “a” 31 and “b” pursuant to section 331.301, subsection 17, or 364.2, 32 subsection 6. 33 Sec. 12. EFFECTIVE DATE. This Act, being deemed of 34 immediate importance, takes effect upon enactment. 35 -4- LSB 1545SV (3) 88 gh/rn 4/ 7

S.F. 535 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill modifies provisions relating to the regulation and 4 sale of certain fireworks. 5 Current Code chapter 9C requires persons bringing any goods, 6 wares, or merchandise into Iowa with the intent to sell such 7 goods, wares, or merchandise to obtain a transient merchant 8 license, unless otherwise exempted from licensure. The bill 9 provides that these licensure requirements shall not apply 10 to persons selling consumer fireworks, display fireworks, or 11 novelties, as those terms are defined in Code section 727.2. 12 Current Code section 100.19 requires the state fire 13 marshal to regulate the sale of consumer fireworks in Iowa 14 by establishing licensure requirements and issuing consumer 15 fireworks seller licenses to retailers and community groups. 16 The bill requires the state fire marshal to approve or deny a 17 completed application for a consumer fireworks seller license, 18 submitted on or before April 30, no later than the following 19 June 1 for an application to sell at a permanent building, or 20 no later than the following June 13 for an application to sell 21 at a temporary structure. If the state fire marshal fails 22 to act on a completed application within the applicable time 23 frame, the application shall be deemed approved. However, the 24 state fire marshal may revoke an approved application for any 25 intentional violation of Code section 100.19 in accordance with 26 that Code section. 27 The bill limits the sale of consumer fireworks at temporary 28 structures between June 20 and July 8 each year, instead of 29 between June 13 and July 8. 30 The bill provides that the state fire marshal shall adopt 31 rules to prohibit the sale of consumer fireworks in any 32 residential zone or district. 33 The bill provides that the state fire marshal shall have the 34 sole authority to require or authorize inspections relating 35 -5- LSB 1545SV (3) 88 gh/rn 5/ 7

S.F. 535 to consumer fireworks seller licensure. A city or county 1 shall not have the authority to require or authorize any such 2 inspection, but the state fire marshal may authorize a city or 3 county employee to conduct an inspection on behalf of the state 4 fire marshal. The bill provides that any inspection required 5 or authorized by the state fire marshal shall be paid from 6 moneys deposited in the consumer fireworks fee fund created in 7 Code section 100.19(7)(a), regardless of whether the state fire 8 marshal or another authorized person conducts the inspection. 9 The bill provides that the sole and only regulation of 10 fireworks in Iowa, including consumer fireworks, display 11 fireworks, and novelties, as those terms are defined in 12 Code section 727.2, shall be those enacted by the general 13 assembly and any rules provided by the division of the state 14 fire marshal. Any law, ordinance, or regulation relating to 15 such fireworks adopted by a municipality, county, or other 16 governmental unit in existence on the effective date of the 17 bill shall become void and unenforceable, except as provided 18 in the bill. If a claim is brought against a municipality, 19 county, or other governmental unit based on the adoption or 20 enforcement of a regulation in violation of the bill, the 21 municipality, county, or other governmental unit shall be 22 liable for court costs, expenses, and reasonable attorney fees 23 incurred by a prevailing party. 24 Current law allows a county to prohibit or limit the use 25 of consumer fireworks or display fireworks under specified 26 circumstances. Current law also allows a city to prohibit or 27 limit the use of consumer fireworks, display fireworks, or 28 novelties. The bill modifies these provisions by providing 29 that a city or county may by ordinance or resolution prohibit 30 or limit the use of consumer fireworks on dates and at times 31 that are more stringent than the limitations described in Code 32 section 727.2(4). 33 The bill provides that a city or county shall not adopt or 34 enforce any zoning regulation under Code chapter 335 or 414 35 -6- LSB 1545SV (3) 88 gh/rn 6/ 7

S.F. 535 to regulate, restrict, or prohibit the location of permanent 1 buildings or temporary structures used for the sale of consumer 2 fireworks pursuant to Code section 100.19, in any location 3 zoned for commercial or industrial purposes. 4 Current Code section 727.2(4) authorizes the use of consumer 5 fireworks on certain days and at certain times, including the 6 Saturdays and Sundays immediately preceding and following 7 July 4 and December 31. The bill replaces “Saturdays and 8 Sundays” with “Fridays and Saturdays”. A person who violates 9 Code section 727.2(4) commits a simple misdemeanor. A simple 10 misdemeanor is punishable by confinement for no more than 30 11 days or a fine of at least $65 but not more than $625 or by 12 both. However, a court shall not order imprisonment for a 13 violation of Code section 727.2(4). 14 The bill takes effect upon enactment. 15 -7- LSB 1545SV (3) 88 gh/rn 7/ 7