04/13/2023 03:00 PM House STATE AFFAIRS

                 HB 146-REGULATION OF FIREWORKS                                                                             
                                                                                                                                
3:21:36 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW  announced that  the next order  of business  would be                                                               
HOUSE  BILL NO.  146, "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."                                                                                                         
                                                                                                                                
3:22:24 PM                                                                                                                    
                                                                                                                                
LISA PURINTON,  Acting Legislative Liaison, Department  of Public                                                               
Safety (DPS), provided  brief introductory remarks on  HB 146, on                                                               
behalf of the House Rules  Standing Committee, sponsor by request                                                               
of the governor.                                                                                                                
                                                                                                                                
3:22:57 PM                                                                                                                    
                                                                                                                                
LLOYD  NAKANO, State  Fire Marshall,  Division of  Fire and  Life                                                               
Safety, Department of  Public Safety, presented HB  146 on behalf                                                               
of the House Rules Standing  Committee, sponsor by request of the                                                               
governor.  He directed attention  to a PowerPoint presentation on                                                               
the bill [included  in the committee packet], and  began on slide                                                               
2,  titled  "What  does  the  bill do,"  which  read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     •  House  Bill (HB  146)  repeals  and reenacts  Alaska                                                                    
     Statute (AS) 18.72.010 for  the regulation of fireworks                                                                    
     • The Department of Public  Safety is required to adopt                                                                    
     regulations  to  establish  minimum standards  for  the                                                                    
     sale  and use  of fireworks  • International  Fire Code                                                                    
     (IFC) standards •  National Fire Protection Association                                                                    
     (NFPA)  codes  • Federal  Regulations  •  Repeals •  AS                                                                    
     18.72.020:  Regulation   of  salable  fireworks   •  AS                                                                    
     18.72.030:   Fireworks   wholesaler's  license   •   AS                                                                    
     18.72.100: Definitions                                                                                                     
                                                                                                                                
3:25:04 PM                                                                                                                    
                                                                                                                                
MR.  NAKANO  continued  to  slide  3, titled  "Why  is  the  bill                                                               
needed," which read as follows [original punctuation provided]:                                                                 
                                                                                                                                
     • Existing  statute (AS 18.72) originally  adopted over                                                                    
     50 years ago without  being substantially amended • Out                                                                    
     of  date with  modern regulations  set at  the national                                                                    
     and  international level  • Statutory  changes are  not                                                                    
     easily undertaken                                                                                                          
                                                                                                                                
3:25:58 PM                                                                                                                    
                                                                                                                                
MR. NAKANO turned to slide 4,  titled "What is changed under this                                                               
bill," which read as follows [original punctuation provided]:                                                                   
                                                                                                                                
     Criminal penalties  under AS  18.72.040 would  be based                                                                    
     on  failure   to  comply  with  regulations   under  AS                                                                    
     18.72.010 instead of the Fire Safety Code                                                                                  
                                                                                                                                
     Regulations  under  AS  18.72.010 would  supersede  the                                                                    
     provisions  of  an  ordinance  adopted  by  a  city  of                                                                    
     borough,  whether before  or after  May 23,  1969, that                                                                    
     are less restrictive than the regulations                                                                                  
                                                                                                                                
     The Fire Safety  Code defined in AS  18.72.100 would be                                                                    
     repealed and  redefined in  regulations adopted  by the                                                                    
     Department of Public, Fire and Life Safety Division                                                                        
                                                                                                                                
MR.  NAKANO  concluded  on  slide  5,  welcoming  questions  from                                                               
members of the committee.                                                                                                       
                                                                                                                                
3:27:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ARMSTRONG inquired  about  the  bill's impact  on                                                               
private companies selling fireworks and the industry in general.                                                                
                                                                                                                                
MR. NAKANO  stated that  the bill  would make  it easier  for the                                                               
industry.                                                                                                                       
                                                                                                                                
3:27:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER, returning to  slide 4, sought to verify                                                               
that  the   provisions  in  HB  146   would  supersede  municipal                                                               
ordinance.   He asked how  many cities  would be impacted  by the                                                               
proposed legislation.                                                                                                           
                                                                                                                                
MR.  NAKANO said  the  bill would  not  impact municipalities  or                                                               
boroughs.  Nonetheless, he pointed  out that municipalities could                                                               
make their own determination to be more stringent.                                                                              
                                                                                                                                
3:29:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STORY sought  to confirm that the  bill would make                                                               
the  law less  restrictive; however,  local municipalities  could                                                               
choose to enact more restrictive code.                                                                                          
                                                                                                                                
MR.   NAKANO  confirmed   that  the   bill  would   not  prohibit                                                               
municipalities from regulating more restrictively.                                                                              
                                                                                                                                
MS.   PURINTON,  in   response   to   Representative  Story   and                                                               
Representative  Carpenter,   noted  that   the  language   in  AS                                                               
18.72.060  would  be  repealed   from  statute  and  replaced  in                                                               
regulation;  therefore,  municipalities  would not  be  impacted.                                                               
She offered to provide a sectional analysis of the bill.                                                                        
                                                                                                                                
3:30:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  C. JOHNSON  shared his  understanding that  state                                                               
statute took  precedent over municipal  ordinance.   He expressed                                                               
his confusion  as to  how regulation  could override  a municipal                                                               
bill.                                                                                                                           
                                                                                                                                
MS. PURINTON deferred to the Department of Law (DOL).                                                                           
                                                                                                                                
3:32:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  C. JOHNSON  restated his  question regarding  the                                                               
weight  of a  statute overruling  municipal ordinance  versus the                                                               
weight of a regulation overruling municipal ordinance.                                                                          
                                                                                                                                
MR. NAKANO  stated that regulations were  statewide whereas local                                                               
jurisdictions  could  be  more  stringent.    He  referenced  the                                                               
international  fire  code, building  code,  field  gas code,  and                                                               
mechanical code.                                                                                                                
                                                                                                                                
REPRESENTATIVE  C.  JOHNSON  contended   that  those  codes  were                                                               
adopted into statute.                                                                                                           
                                                                                                                                
MR. NAKANO  shard his understanding  that the  international fire                                                               
code,  building  code,  and mechanical  code  were  adopted  into                                                               
regulation by DPS.                                                                                                              
                                                                                                                                
REPRESENTATIVE  ALLARD  shared her  understanding  municipalities                                                               
could not supersede state law.                                                                                                  
                                                                                                                                
3:35:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER directed attention to page 2, line 20-                                                                 
22, which read as follows [original punctuation provided]:                                                                      
                                                                                                                                
     However, nothing in this  section affects the authority                                                                    
     of  a city  or  organized borough  under  other law  to                                                                    
     prohibit   or   regulate    more   restrictively   than                                                                    
     regulations adopted under AS 18.72.010                                                                                     
                                                                                                                                
CHAIR  SHAW   asked  whether  that  answered   Representative  C.                                                               
Johnson's question.                                                                                                             
                                                                                                                                
REPRESENTATIVE C.  JOHNSON said not  entirely.  He  asked whether                                                               
municipal code could be less restrictive than regulation.                                                                       
                                                                                                                                
CHAIR SHAW  asked Ms.  Purinton to follow  up on  the committee's                                                               
questions.                                                                                                                      
                                                                                                                                
3:37:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    CARPENTER   asked    whether   the    class   B                                                               
[misdemeanor], as  referenced in the  bill, was resulting  from a                                                               
violation of statute or a  violation of regulation created by the                                                               
commissioner.                                                                                                                   
                                                                                                                                
MS.   PURINTON  offered   to  follow   up   with  the   requested                                                               
information.                                                                                                                    
                                                                                                                                
3:39:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY directed  attention to  page 2,  lines 6-8,                                                               
and asked  whether DPS was  authorized to enter  [residential] or                                                               
commercial buildings where fireworks were stored or kept.                                                                       
                                                                                                                                
MS.   PURINTON   deferred  to   the   state   fire  marshal   for                                                               
clarification.                                                                                                                  
                                                                                                                                
MR. NAKANO responded, "businesses would  be for the retail, post-                                                               
sale, and displays."                                                                                                            
                                                                                                                                
REPRESENTATIVE  STORY  asked  whether the  language  in  question                                                               
needed further  clarification to avoid entrance  into residential                                                               
property.                                                                                                                       
                                                                                                                                
MS.   PURINTON  offered   to  follow   up   with  the   requested                                                               
information.                                                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD agreed that the  language [on page 2, lines                                                               
6-8] needed further clarification.                                                                                              
                                                                                                                                
3:41:11 PM                                                                                                                    
                                                                                                                                
CHAIR  SHAW shared  his understanding  that  the legislation  was                                                               
accompanied by a zero fiscal note.                                                                                              
                                                                                                                                
MS. PURUNTON answered yes.                                                                                                      
                                                                                                                                
3:41:25 PM                                                                                                                    
                                                                                                                                
CHAIR  SHAW   opened  public   testimony  on   HB  146.     After                                                               
ascertaining that no  one online or in person  wished to testify,                                                               
he closed public testimony.                                                                                                     
                                                                                                                                
3:42:35 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW announced that HB 142 would be held over.