Bill Text: CA AB1371 | 2011-2012 | Regular Session | Amended
Bill Title: Fireworks.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1371 Detail]
Download: California-2011-AB1371-Amended.html
BILL NUMBER: AB 1371 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 26, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member V. Manuel Pérez
FEBRUARY 18, 2011
An act to add and repeal Sections 12599.5 and 12635.5 of the
Health and Safety Code, relating to fireworks, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1371, as amended, V. Manuel Pérez. Fireworks.
(1) Existing law authorizes the retail sale of safe and sane
fireworks from June 28 to July 6, annually, pursuant to a license
issued by the State Fire Marshal, unless otherwise prohibited or
regulated by law or ordinance.
This bill would authorize, until January 2, 2018,
2017, the sale of certified safe and sane
fireworks from 9 a.m. on December 26 to midnight of January 1 of the
following year pursuant to a license issued by the State Fire
Marshal, if authorized by a charter city, city, county, or
city and county ordinance or resolution that may also restrict the
hours of use of those fireworks. Since a violation of this provision
or other existing related provisions in connection with the sale of
those fireworks would be a misdemeanor, the bill would impose a
state-mandated local program by creating new crimes.
(2) Existing law requires the State Fire Marshal to establish and
collect the original and annual renewal fees for fireworks licenses
that are required by applicable laws, and to adopt regulations
relating to the granting of permits by public agencies with local
jurisdiction.
This bill would require, until January 1, 2018, the State
Fire Marshal to establish and collect an additional fee on permits
for dangerous fireworks issued to licensees in an amount necessary to
enforce applicable laws with respect to training and education
regarding dangerous fireworks. The fees would be deposited in the
State Fire Marshal Dangerous Fireworks Training and Education Fund,
which the bill would establish. Moneys in this fund would be
continuously appropriated without regard to fiscal years to the State
Fire Marshal for the purpose of training local fire and law
enforcement agencies. The bill would authorize a local fire
department, local fire protection agency, local law enforcement
agency, or any other public agency authorized by statute to enforce
the State Fire Marshal's regulations, to apply to the State Fire
Marshal for a grant to develop and implement an education and
training program for those purposes also authorize,
until January 1, 2018, a charter city, city, county, or city and
county that adopts an ordinance or resolution authorizing the sale of
safe and sane fireworks to require each applicant receiving a permit
to pay a fee to the charter city, city, county, or city and county
of a pro rata portion of the costs incurred by the charter city,
city, county, or city and county for, among other things,
processing and issuing fireworks permits, and inspection of fireworks
stands, and for public awareness and education campaigns regarding
the safe and responsible use of safe and sane fireworks, as
specified. The bill would specify that the pro rata portion of those
costs shall be based on a percentage of the permittee's sales and use
tax return for the applicable permit period, not to exceed 7% of the
gross sales of the fireworks sold in the charter city, city, county,
or city and county .
(3)
(2) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: yes no
. Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12599.5 is added to the Health and Safety Code,
to read:
12599.5. (a) Notwithstanding Sections 12599 and 12672, each year
from 2012 to 2017 2016 , inclusive, the
State Fire Marshal shall issue separate one-time retail licenses
pursuant to this section that shall authorize the retail sale of safe
and sane fireworks within this state only from 9 a.m. on December
26, of a year within 2012 to 2017 2016
, inclusive, to midnight of January 1 of the following year,
inclusive. A license issued pursuant to this section shall be valid
for only one seven-day period and shall expire at the end of the
period for which it is valid. All fireworks sold pursuant to a
license issued pursuant to this section shall have been certified as
safe and sane by the State Fire Marshal as of June of the year in
which the validity of the license commences. No other license issued
pursuant to this chapter shall authorize the sale of fireworks during
that period.
(b) No retail license shall be issued for the license period
authorized by this section unless the charter city, city,
county, or city and county having jurisdiction over the fixed
location where the fireworks would be sold adopts an ordinance or
resolution allowing that sale, and the application for that license
is received by the State Fire Marshal on or before December 15 of the
year in which the validity of the license is to commence. The
ordinance or resolution authorizing the sale of those fireworks may
limit the period of use of those fireworks to specified days and
hours within the period during which the sale is authorized by this
section.
(c) This section shall become inoperative on January 2,
2018 2017 , and, as of January 1, 2019
2018 , is repealed, unless a later enacted
statute, that is enacted before January 1, 2019
2018 , deletes or extends the dates on which it becomes
inoperative and is repealed.
SEC. 2. Section 12635.5 is added to the Health
and Safety Code, to read:
12635.5. (a) The State Fire Marshal Dangerous Fireworks Training
and Education Fund is hereby established in the State Treasury.
Notwithstanding Section 13340 of the Government Code, this fund is
continuously appropriated without regard to fiscal years to the State
Fire Marshal for the purpose of training local fire and law
enforcement agencies regarding the identification, risks, dangers,
and proper disposal associated with dangerous fireworks seized
pursuant to this part.
(b) Pursuant to Section 12630, the State Fire Marshal shall
establish and collect an additional fee on permits for dangerous
fireworks issued pursuant to Section 12640 in an amount necessary to
enforce this part with respect to training and education regarding
dangerous fireworks. Notwithstanding Section 12635, these fees shall
be deposited in the State Fire Marshal Dangerous Fireworks Training
and Education Fund.
(c) A local fire department, a local fire protection agency, a
local law enforcement agency, or any other public agency authorized
by statute to enforce the State Fire Marshal's regulations may apply
to the State Fire Marshal for a grant for its costs in developing or
implementing an education and training program pursuant to this
section.
(d) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 2. Section 12635.5 is added to the
Health and Safety Code , to read:
12635.5. (a) A charter city, city, county, or city and county
that adopts an ordinance or resolution pursuant to Section 12599 or
12599.5 may, through adoption of an ordinance or resolution by the
governing body, require each applicant receiving a permit to pay a
fee, as described in paragraph (3) of subdivision (e) of Section 1 of
Article XIII C of the California Constitution, to the charter city,
city, county, or city and county of a pro rata portion of the costs
the charter city, city, county, or city and county incurs related to
any of the following:
(1) Processing and issuing permits.
(2) Inspection of fireworks stands.
(3) Public education and awareness campaigns regarding the safe
and responsible use of safe and sane fireworks, and the dangers and
risks posed by the use of illegal fireworks.
(4) Enforcing the provisions of the code of the charter city,
city, county, or city and county with respect to the sale and use of
safe and sane fireworks, including extra personnel time, and cleanup
of the fireworks trash and debris. "Extra personnel time" shall be
defined as employee or contracted employee time that the charter
city, city, county, or city and county would not otherwise incur but
for the sale and use of safe and sane fireworks.
(b) The pro rata share of the costs shall be determined using
gross sales as shown on each permittee's sales and use tax return for
the applicable period. The pro rata share of costs shall not exceed
7 percent of the gross sales of the fireworks sold in the charter
city, city, county, or city and county during the applicable period.
(c) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
