S.F. _____ 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 1545XC (6) 88 gh/rn 1/ 7

S.F. _____ 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, Code 2019, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH . d. Prohibit a retailer or community group 8 issued a license pursuant to this section to sell consumer 9 fireworks, as described in APA 87-1, chapter 3, in any 10 residential zone or district. 11 Sec. 4. NEW SECTION . 100.19B Fireworks regulation —— 12 uniform application. 13 1. In order to provide for the uniform application of 14 the provisions of sections 100.19, 100.19A, 727.2, and any 15 other provision relating to the regulation of fireworks within 16 this state, it is intended that the sole and only regulation 17 of fireworks in the state, including consumer fireworks, 18 display fireworks, and novelties, shall be those enacted by 19 the general assembly and attendant rules allowed thereunder 20 by the division of the state fire marshal. A municipality, 21 county, or other governmental unit within this state shall not 22 make any law, ordinance, or regulation relating to consumer 23 fireworks, display fireworks, or novelties, except as provided 24 in subsection 3. All such laws, ordinances, or regulations 25 existing on the effective date of this Act shall be or become 26 void, unenforceable, and of no effect. 27 2. A municipality, county, or other governmental unit 28 that adopts or enforces any law, ordinance, or regulation in 29 violation of this section shall be liable for court costs, 30 expenses, and reasonable attorney fees incurred by a prevailing 31 party bringing a claim against the municipality, county, or 32 other governmental unit based on the adoption or enforcement of 33 the law, ordinance, or regulation. 34 3. a. This section shall not limit the authority of 35 -2- LSB 1545XC (6) 88 gh/rn 2/ 7

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

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

S.F. _____ and “b” , except for times applicable to July 4, pursuant to 1 section 331.301, subsection 17, or 364.2, subsection 6. 2 Sec. 11. EFFECTIVE DATE. This Act, being deemed of 3 immediate importance, takes effect upon enactment. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill modifies provisions relating to the regulation and 8 sale of certain fireworks. 9 Current Code chapter 9C requires persons bringing any goods, 10 wares, or merchandise into Iowa with the intent to sell such 11 goods, wares, or merchandise to obtain a transient merchant 12 license, unless otherwise exempted from licensure. The bill 13 provides that these licensure requirements shall not apply 14 to persons selling consumer fireworks, display fireworks, or 15 novelties, as those terms are defined in Code section 727.2. 16 Current Code section 100.19 requires the state fire 17 marshal to regulate the sale of consumer fireworks in Iowa 18 by establishing licensure requirements and issuing consumer 19 fireworks seller licenses to retailers and community groups. 20 The bill requires the state fire marshal to approve or deny a 21 completed application for a consumer fireworks seller license, 22 submitted on or before April 30, no later than the following 23 June 1 for an application to sell at a permanent building, or 24 no later than the following June 13 for an application to sell 25 at a temporary structure. If the state fire marshal fails 26 to act on a completed application within the applicable time 27 frame, the application shall be deemed approved. However, the 28 state fire marshal may revoke an approved application for any 29 intentional violation of Code section 100.19 in accordance with 30 that Code section. 31 The bill provides that the state fire marshal shall adopt 32 rules to prohibit the sale of consumer fireworks in any 33 residential zone or district. 34 The bill provides that the state fire marshal shall have the 35 -5- LSB 1545XC (6) 88 gh/rn 5/ 7

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

S.F. _____ The bill provides that a city or county shall not adopt or 1 enforce any zoning regulation under Code chapter 335 or 414 2 to regulate, restrict, or prohibit the location of permanent 3 buildings or temporary structures used for the sale of consumer 4 fireworks pursuant to Code section 100.19, in any location 5 zoned for commercial or industrial purposes. 6 Current Code section 727.2(4) authorizes the use of consumer 7 fireworks on certain days and at certain times, including the 8 Saturdays and Sundays immediately preceding and following 9 July 4 and December 31. The bill replaces “Saturdays and 10 Sundays” with “Fridays and Saturdays”. A person who violates 11 Code section 727.2(4) commits a simple misdemeanor. A simple 12 misdemeanor is punishable by confinement for no more than 30 13 days or a fine of at least $65 but not more than $625 or by 14 both. However, a court shall not order imprisonment for a 15 violation of Code section 727.2(4). 16 The bill takes effect upon enactment. 17 -7- LSB 1545XC (6) 88 gh/rn 7/ 7