00                            HOUSE BILL NO. 487                                                                          
01 "An Act relating to fireworks; and providing for an effective date."                                                    
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 18.72.020(a) is amended to read:                                                                  
04            (a)  A person holding a permit required by the fire safety code may sell or offer                            
05       for sale salable fireworks [,] if                                                                                 
06                 (1)  the person has submitted to the state fire marshal a policy, or a                                  
07       certified true copy of a policy, of public liability and products liability insurance,                            
08       including both accident and occurrence coverage, provided by the wholesale company                                
09       selling fireworks to the person, in the amount of at least $200,000 for bodily injury or                          
10       death and at least $50,000 property damage and the person is named as an insured                                  
11       party upon the policy and the policy is continuously in force while the person is                                 
12       engaged in the retail sale of fireworks; and                                                                      
13                 (2)  an endorsement fee of $500 [$10] is paid to the state fire marshal                             
14       for an endorsement that is valid for two years or portions of two years during which                              
15       the permit holder is engaged in the retail sale of fireworks.                                                     

01    * Sec. 2.  AS 18.72 is amended by adding a new section to read:                                                    
02            Sec. 18.72.035.  Restrictions on certain fireworks.  (a)  Notwithstanding the                              
03       other provisions of this chapter, a person, whether or not licensed under this chapter,                           
04       may not sell a bottle rocket in the state.  In this subsection, "bottle rocket" means a                           
05       small cylindrical tube that contains a substance of pyrotechnic composition, that has a                           
06       wooden stick attached for guidance, and that, upon ignition, flies into the air.                                  
07            (b)  Notwithstanding the other provisions of this chapter, a person holding a                                
08       permit under AS 18.72.020 may not sell a non-mortar-type or non-cannon-type aerial                                
09       fireworks device in the state from April 1 through September 30 of each year.                                     
10    * Sec. 3.  AS 18.72 is amended by adding a new section to read:                                                    
11            Sec. 18.72.045.  Civil penalty.  A person who recklessly violates a provision                              
12       of this chapter is liable, after notice and an opportunity for a hearing, to the state for a                      
13       civil penalty of $1000 for each violation.                                                                        
14    * Sec. 4.  AS 18.72 is amended by adding new sections to read:                                                     
15            Sec. 18.72.070.  Enforcement.  (a)  If the state fire marshal has reason to                                
16       believe that a person who has a permit issued under AS 18.72.020 or 18.72.030 is                                  
17       violating this chapter or another law relating to health and safety in the use of the                             
18       permit, the state fire marshal may, after notice and an opportunity for a hearing,                                
19       suspend or take other action against the person's permit until the violation has been                             
20       corrected.                                                                                                        
21            (b)  Notwithstanding (a) of this section, if a person with a permit issued under                             
22       AS 18.72.020 or 18.72.030 is violating this chapter or another law relating to health                             
23       and safety and the state fire marshal determines that there is an immediate threat to                             
24       health and safety, the state fire marshal may issue the person a cease and desist order                           
25       and close the business immediately without a hearing, but the state fire marshal shall                            
26       provide the person with a hearing the next business day to determine whether the                                  
27       closure was justified and whether there is reason for continuing the closure.                                     
28            (c)  The Department of Public Safety shall establish by regulation the                                       
29       procedures to be followed under this section.                                                                     
30            Sec. 18.72.080.  Fireworks Advisory Committee.  (a)  The Fireworks                                         
31       Advisory Committee is established in the Department of Public Safety.  The                                        

01       committee consists of members appointed by the state fire marshal to provide a                                    
02       balanced representation from the rural and urban areas of the state of persons who are                            
03       fire service officials and manufacturers, distributors, retailers, and users of fireworks.                        
04       The state fire marshal shall establish the number of members to serve on the                                      
05       committee, and the members serve at the pleasure of the state fire marshal.                                       
06            (b)  Each year the committee shall familiarize itself with current federal                                   
07       regulations and national fire codes, thoroughly review existing state statutes and                                
08       regulations, and advise the state fire marshal on any statutes and regulations that need                          
09       to be enacted, adopted, amended, or repealed.                                                                     
10            (c)  The committee shall meet at least once each year.  The state fire marshal                               
11       shall chair the committee.                                                                                        
12            (d)  In this section, "committee" means the Fireworks Advisory Committee                                     
13       established by (a) of this section.                                                                               
14    * Sec. 5.  The uncodified law of the State of Alaska is amended by adding a new section to                         
15 read:                                                                                                                   
16       REGULATIONS.  The Department of Public Safety may adopt regulations to                                            
17 implement AS 18.72.070, enacted by sec. 4 of this Act, but not before the effective date of                             
18 sec. 4 of this Act.                                                                                                     
19    * Sec. 6.  Section 5 of this Act takes effect immediately under AS 01.10.070(c).                                   
20    * Sec. 7.  Sections 1 - 4 of this Act take effect December 1, 2002.