Legislature(2023 - 2024)

2023-03-29 House Journal

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2023-03-29                     House Journal                      Page 0501
HB 146                                                                                                                        
HOUSE BILL NO. 146 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
    "An Act relating to fireworks; repealing restrictions on the sale of                                                        
    fireworks; directing the Department of Public Safety to adopt                                                               
    fireworks regulations; and providing for an effective date."                                                                
                                                                                                                                
was read the first time and referred to the State Affairs and Labor &                                                           
Commerce Committees.                                                                                                            
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Public Safety                                                                                                
                                                                                                                                
The Governor's transmittal letter dated March 28 follows:                                                                       

2023-03-29                     House Journal                      Page 0502
"Dear Speaker Tilton:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill that would shift the substantive                                                         
rules relating to the sale, storage, and use of fireworks in Alaska from                                                        
statute to regulation, thereby allowing a more streamlined and up-to-                                                           
date approach to the state's management of fireworks.                                                                           
                                                                                                                                
The bill would eliminate the substantive statutes governing fireworks                                                           
and, in their place, authorize and direct the Department of Public                                                              
Safety (DPS) to adopt regulations for the sale, storage, and use of                                                             
fireworks. The fireworks statutes have not changed in several decades,                                                          
and this bill is intended to allow DPS to bring the state's rules in-step                                                       
with more modern approaches found in the International Fire Code                                                                
and National Fire Protection Association regulations.                                                                           
                                                                                                                                
Under the bill, DPS would be required to enact regulations                                                                      
establishing minimum standards for the sale, storage, distribution, and                                                         
use of fireworks, and would be permitted to establish reasonable fees                                                           
for fireworks permits and inspections. The department would further                                                             
be authorized to enter any building where fireworks are stored or kept                                                          
for the sole purpose of ensuring compliance with fireworks                                                                      
regulations.                                                                                                                    
                                                                                                                                
Regulations adopted by DPS under this bill would supersede                                                                      
municipal ordinances relating to fireworks that are less restrictive than                                                       
the department's regulations. A municipality would be permitted,                                                                
however, to enact ordinances that are more restrictive than the                                                                 
regulations. A violation of regulations established under the bill would                                                        
be a class B misdemeanor.                                                                                                       
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Mike Dunleavy                                                                                                                   
Governor"