Legislature(2023 - 2024)
2024-03-20 House Journal
Full Journal pdf2024-03-20 House Journal Page 1901 HB 146 The following was before the House in second reading: CS FOR HOUSE BILL NO. 146(STA) "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." Amendment No. 1 was offered by Representative Eastman: Page 2, line 12: Delete "Criminal penalty" Insert "Penalty [CRIMINAL PENALTY]" Page 2, line 14: Delete "class B misdemeanor" Insert "violation [CLASS B MISDEMEANOR]" Page 2, following line 26: Insert a new bill section to read: "* Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY. AS 18.72.040, as amended by sec. 3 of this Act, applies to offenses committed on or after the effective date of sec. 3 of this Act." Renumber the following bill sections accordingly. Page 3, line 2: Delete "Section 6" Insert "Section 7" 2024-03-20 House Journal Page 1902 Representative Eastman moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Sumner objected. Representative Wright moved and asked unanimous consent to table Amendment No. 1. There was objection. The question being: "Shall Amendment No. 1 be tabled?" The roll was taken with the following result: CSHB 146(STA) Second Reading Amendment No. 1/Table YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Baker, Coulombe, Cronk, Edgmon, Foster, C.Johnson, D.Johnson, McCabe, McCormick, McKay, Prax, Rauscher, Ruffridge, Saddler, Shaw, Stapp, Sumner, Tilton, Vance, Wright Nays: Allard, Armstrong, Carpenter, Carrick, Dibert, Eastman, Fields, Galvin, Gray, Groh, Hannan, Himschoot, Josephson, Mears, Mina, Ortiz, Schrage, Story, Stutes, Tomaszewski And so, Amendment No. 1 was not tabled. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 146(STA) Second Reading Amendment No. 1 YEAS: 3 NAYS: 37 EXCUSED: 0 ABSENT: 0 Yeas: Carpenter, Eastman, Hannan Nays: Allard, Armstrong, Baker, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright 2024-03-20 House Journal Page 1903 And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Eastman: Page 2, line 15: Delete "Each day of noncompliance constitutes a separate offense." Insert "[EACH DAY OF NONCOMPLIANCE CONSTITUTES A SEPARATE OFFENSE.]" Page 2, following line 26: Insert a new bill section to read: "* Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY. AS 18.72.040, as amended by sec. 3 of this Act, applies to offenses committed on or after the effective date of sec. 3 of this Act." Renumber the following bill sections accordingly. Page 3, line 2: Delete "Section 6" Insert "Section 7" Representative Eastman moved and asked unanimous consent that Amendment No. 2 be adopted. Representative McCabe objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 146(STA) Second Reading Amendment No. 2 YEAS: 1 NAYS: 39 EXCUSED: 0 ABSENT: 0 Yeas: Eastman 2024-03-20 House Journal Page 1904 Nays: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright And so, Amendment No. 2 was not adopted. Amendment Nos. 3, 4, and 5 were not offered. Amendment No. 6 was offered by Representative Eastman: Page 1, lines 1 - 3 (title amendment): Delete all material and insert: ""An Act relating to consumer fireworks."" Page 1, line 9: Delete "salable" Insert "consumer [SALABLE]" Page 1, line 10: Delete "regulation [AS 18.72.100]" Insert "AS 18.72.100" Page 1, line 12, through page 3, line 2: Delete all material and insert: "* Sec. 2. AS 18.72.020(a) is amended to read: (a) A person holding a permit required by the fire safety code may sell or offer for sale consumer [SALABLE] fireworks if (1) the person has submitted to the state fire marshal a policy, or a certified true copy of a policy, of public liability and products liability insurance, including both accident and occurrence coverage, provided by the wholesale company selling fireworks to the person, in the amount of at least $200,000 for bodily injury or death and at least $50,000 property damage and the person is named as an insured party upon the policy and the policy is continuously in force while the person is engaged in the retail sale of fireworks; and 2024-03-20 House Journal Page 1905 (2) an endorsement fee of $10 is paid to the state fire marshal for an endorsement that is valid for two years or portions of two years during which the permit holder is engaged in the retail sale of fireworks. * Sec. 3. AS 18.72.100(1) is amended to read: (1) "dangerous fireworks" includes all fireworks that are not defined as consumer [SALABLE] fireworks; * Sec. 4. AS 18.72.100(3) is amended to read: (3) "fireworks" means consumer [SALABLE] fireworks or dangerous fireworks; * Sec. 5. AS 18.72.100 is amended by adding a new paragraph to read: (5) "consumer fireworks" means a fireworks device that is designed to produce effects by combustion, comply with labeling regulations adopted by the United States Consumer Product Safety Commission under 16 C.F.R. 1500 and 1507, comply with construction and chemical composition regulations adopted by the United States Department of Transportation, Pipeline and Hazardous Materials Safety Administration under 49 C.F.R. 100 - 185, and classified as Division 1.4G explosives; "consumer fireworks" does not include 1.4G, UN0336 fireworks labeled "For Professional Use Only." * Sec. 6. AS 18.72.100(4) is repealed." Representative Eastman moved and asked unanimous consent that Amendment No. 6 be adopted. Representative McCabe objected. Representative Eastman moved and asked unanimous consent to withdraw Amendment No. 6. There being no objection, it was so ordered. Amendment No. 7 was offered by Representative Eastman: Page 1, line 1 (title amendment): Delete "repealing" Insert "relating to" Page 1, following line 11: 2024-03-20 House Journal Page 1906 Insert a new bill section to read: "* Sec. 2. AS 11.81.900(b)(24), as amended by sec. 1 of this Act, is amended to read: (24) "explosive" means a chemical compound, mixture, or device that is commonly used or intended for the purpose of producing a chemical reaction resulting in a substantially instantaneous release of gas and heat, including dynamite, blasting powder, nitroglycerin, blasting caps, and nitrojelly, but excluding salable fireworks as defined in AS 18.72.100 [REGULATION], black powder, smokeless powder, small arms ammunition, and small arms ammunition primers;" Renumber the following bill sections accordingly. Page 2, following line 10: Insert new bill sections to read: "* Sec. 4. AS 18.72.010 is repealed and reenacted to read: Sec. 18.72.010. Regulation of sale of dangerous fireworks. (a) The sale or offer to sell dangerous fireworks at wholesale or retail for any purpose other than industrial, agricultural, wildlife control, or public display is prohibited. (b) A person desiring to use dangerous fireworks for industrial, agricultural, wildlife control, or public display purposes shall first comply with the permit requirements of the fire safety code. (c) All dangerous fireworks shall be purchased from a fireworks wholesaler licensed as such in this state. A fireworks wholesaler may not sell dangerous fireworks to anyone unless the wholesaler has a currently valid permit required by the fire safety code, the number of which shall be affixed to each record of sale by the fireworks wholesaler and maintained as a permanent record of the sale. * Sec. 5. AS 18.72 is amended by adding new sections to read: Sec. 18.72.021. Regulation of sale of salable fireworks. (a) A person holding a permit required by the fire safety code may sell or offer for sale salable fireworks if (1) the person has submitted to the state fire marshal a policy, or a certified true copy of a policy, of public liability and products liability insurance, including both accident and occurrence coverage, provided by the wholesale company selling 2024-03-20 House Journal Page 1907 fireworks to the person, in the amount of at least $200,000 for bodily injury or death and at least $50,000 property damage and the person is named as an insured party upon the policy and the policy is continuously in force while the person is engaged in the retail sale of fireworks; and (2) an endorsement fee of $10 is paid to the state fire marshal for an endorsement that is valid for two years or portions of two years during which the permit holder is engaged in the retail sale of fireworks. (b) Upon approval of the insurance required in (a) of this section, the permit of the holder shall be endorsed by the state fire marshal to indicate the holder's right to sell fireworks at retail, and shall indicate an expiration of the authority. The expiration date shall coincide with the expiration date of the permit holder's liability insurance. Sec. 18.72.031. Fireworks wholesaler's license. (a) A person who desires to sell fireworks at wholesale in the state shall first make verified application for a license to the state fire marshal on forms provided by the state fire marshal. The forms must require the applicant to supply the applicant's social security number if the applicant is a natural person. The application shall be accompanied by an annual license fee of $50. (b) The license required under (a) of this section is valid until December 31 of the year during which it is issued and is renewable upon (1) the payment of each subsequent annual license fee and affirmation that the information contained in the wholesaler's original application for a fireworks wholesaler's license is currently accurate; and (2) supplying the wholesaler's social security number if it has not previously been supplied under (a) of this section and if the wholesaler is a natural person." Renumber the following bill sections accordingly. Page 2, following line 16: Insert a new bill section to read: "* Sec. 7. AS 18.72.040, as amended by sec. 6 of this Act, is amended to read: Sec. 18.72.040. Criminal penalty. A person who recklessly 2024-03-20 House Journal Page 1908 fails to comply with a provision of this chapter or fireworks regulations adopted in the fire safety code [UNDER AS 18.72.010] is guilty of a class B misdemeanor. Each day of noncompliance constitutes a separate offense. In this section, "recklessly" has the meaning given in AS 11.81.900." Renumber the following bill sections accordingly. Page 2, following line 25: Insert new bill sections to read: "* Sec. 9. AS 18.72.060, as amended by sec. 8 of this Act, is amended to read: Sec. 18.72.060. Municipal regulation of fireworks. This chapter and fireworks [FIREWORKS] regulations adopted under the fire safety code [AS 18.72.010] supersede the provisions of an ordinance adopted by a city or borough, whether before or after May 23, 1969, that are less restrictive than this chapter or the code [REGULATIONS]. However, nothing in this section affects the authority of a city or organized borough under other law to prohibit or regulate more restrictively than this chapter [REGULATIONS ADOPTED UNDER AS 18.72.010] the offering for sale, exposure for sale, sale, use, or explosion of fireworks. * Sec. 10. AS 18.72 is amended by adding a new section to read: Sec. 18.72.101. Definitions. In this chapter and fireworks regulations adopted in the state fire safety code, (1) "dangerous fireworks" includes all fireworks that are not defined as salable fireworks; (2) "fire safety code" means the fire safety code of the state adopted and administered by the division of fire prevention of the Department of Public Safety; (3) "fireworks" means salable fireworks or dangerous fireworks; (4) "salable fireworks" are 1.4 G fireworks, as defined by the National Fire Protection Association, and, more specifically, shall include and be limited to the following: (A) roman candles, not exceeding 10 balls spaced uniformly in the tube, total pyrotechnic composition not to exceed 20 grams each in weight, any inside tube diameter not to exceed 3/8 inch; 2024-03-20 House Journal Page 1909 (B) skyrockets with sticks, total pyrotechnic composition not to exceed 20 grams each in weight, and the inside tube diameter not to exceed 1/2 inch, with the rocket sticks being securely fastened to the tubes; (C) helicopter type rockets, total pyrotechnic composition not to exceed 20 grams each in weight, and the inside tube diameter not to exceed 1/2 inch; (D) cylindrical fountains, total pyrotechnic composition not to exceed 75 grams each in weight, and the inside tube diameter not to exceed 3/4 inch; (E) cone fountains, total pyrotechnic composition not to exceed 50 grams each in weight; (F) wheels, total pyrotechnic composition not to exceed 60 grams for each driver unit or 240 grams for each complete wheel, and the inside tube diameter of driver units not to exceed 1/2 inch; (G) illuminating torches and colored fire in any form, total pyrotechnic composition not to exceed 100 grams each in weight; (H) dipped sticks, the pyrotechnic composition of which contains chlorate or perchlorate, that do not exceed five grams, and sparklers, the composition of which does not exceed 100 grams each and that contains no magnesium or magnesium and a chlorate or perchlorate; (I) mines and shells of which the mortar is an integral part, total pyrotechnic composition not to exceed 40 grams each in weight; (J) firecrackers with soft casings, the external dimensions of which do not exceed one and one-half inches in length or one-quarter inch in diameter, total pyrotechnic composition not to exceed two grains each in weight; (K) novelties consisting of two or more devices enumerated in this paragraph when approved by the Bureau of Explosives." Renumber the following bill sections accordingly. Page 3, line 2: Delete "Section 6" Insert "Section 12" 2024-03-20 House Journal Page 1910 Page 3, following line 2: Insert a new bill section to read: "* Sec. 14. Sections 2, 4, 5, 7, 9, and 10 of this Act take effect two years after the effective date of secs. 1, 3, 6, 8, and 11 of this Act." Representative Eastman moved and asked unanimous consent that Amendment No. 7 be adopted. Representative McCabe objected. Representative Eastman moved and asked unanimous consent to withdraw Amendment No. 7. There being no objection, it was so ordered. Representative Saddler moved and asked unanimous consent that CSHB 146(STA) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 146(STA) will advance to third reading on tomorrow's calendar.