Bill Text: CA SB1468 | 2011-2012 | Regular Session | Amended
Bill Title: Fireworks.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-08-16 - Set, second hearing. Held in committee and under submission. [SB1468 Detail]
Download: California-2011-SB1468-Amended.html
BILL NUMBER: SB 1468 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 15, 2012
AMENDED IN SENATE MAY 17, 2012
AMENDED IN SENATE MAY 1, 2012
AMENDED IN SENATE APRIL 18, 2012
INTRODUCED BY Senator Calderon
FEBRUARY 24, 2012
An act to add and repeal Sections 12599.4, 12599.5, and 12635.5 of
the Health and Safety Code, relating to fireworks, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1468, as amended, Calderon. Fireworks.
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 express the Legislature's intent, for purposes of
determining whether the Legislature should continue to allow safe and
sane fireworks for the period immediately before each New Year's
Eve, to conduct an enhanced fireworks data collection study in a
limited number of jurisdictions. The bill would further declare the
Legislature's intent that the cost of the Fireworks Special Data
Collection Program be totally funded by voluntary contributions, as
specified. The bill would require the State Fire Marshal, on or
before December 1, 2013, and on or before December 1,
1 in 2013 and 2014, in consultation with the
State Fire Marshal's General Fireworks Advisory Committee,
to determine an appropriate sum that does not exceed the amount
reasonably necessary for fireworks special data collection
Fireworks Special Data Collection Program
activities for targeted jurisdictions and the state for the following
year. The bill would require the funding for these activities, from
voluntary contributions from the fireworks industry or from federal
or private grants, to be collected by the State Fire Marshal for
deposit in the Fireworks Special Data Collection Fund, which the bill
would create as a continuously appropriated special fund in the
State Treasury. Moneys in the fund would be available for actual
reasonable costs incurred by the State Fire Marshal and local,
participating jurisdictions to develop, implement, analyze, and
report the enhanced fireworks special data collection
program results of the Fireworks Special Data
Collection Program and for administrative expenses. By creating
a new continuously appropriated special fund, the bill would make an
appropriation.
This bill would further authorize , until January 2, 2016
, in 2014 and 2015, the sale of certified safe
and sane fireworks from 9 a.m. on December 26 of 2014 and
2015 to midnight of to 11:59 p.m. on January 1
of the following year pursuant to a license issued by the State Fire
Marshal, if authorized by a charter city, city, county, fire
protection district, 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.
The bill would also authorize , until January 2, 2016,
a charter city, city, county, fire protection
district, 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, fire protection district, or city and county of a
pro rata portion of the actual and reasonable costs
incurred , on or before January 2, 2016, by the charter
city, city, county, fire protection district, or city and
county for, among other things, processing and issuing fireworks
permits, inspection of fireworks stands, public awareness and
education campaigns regarding the safe and responsible use of safe
and sane fireworks, and related fire operation and suppression
efforts, 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, fire protection district,
or city and county , except that a cost recovery ordinance or
resolution in effect on or before June 30, 2012, would be authorized
to supersede that provisio n .
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. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all of the
following:
(a) Existing law, Section 13110.5 of the Health and Safety Code,
requires the State Fire Marshal to gather statistical information on
all fires, medical aid incidents, and hazardous materials incidents
occurring within this state, including, but not limited to, those
related to all types of pyrotechnic devices such as illegal
fireworks, safe and sane fireworks, unknown fireworks, and public
display fireworks.
(b) Existing law further requires the chief fire official of each
fire department operated by the state, a city, county,
city and county, fire protection district, organized fire company, or
other public or private entity that provides fire protection, to
furnish information and data to the State Fire Marshal relating to
each fire that occurs within his or her area of jurisdiction.
(c) The State Fire Marshal regularly appoints and maintains a
General Fireworks Advisory Committee, consisting of
representatives of local fire and law enforcement agencies and the
fireworks industry, who meet regularly, at their own expense, and
provide a state-level forum for addressing issues related to
pyrotechnic products and activities in California.
(d) For purposes of the continued regulation of all pyrotechnic
devices in California and, more specifically, for purposes of
determining whether the Legislature should continue to allow, after
January 2, 2016, the sale and use of safe and sane fireworks for the
period immediately before each New Year's Eve, it is hereby
determined that an enhanced fireworks data collection study, in a
limited number of jurisdictions, is needed to assist the Legislature
in determining if it should extend the rights and privileges conveyed
by this act beyond January 2, 2016.
(e) It is further the intent of the Legislature that the annual
wholesaler cost of the Fireworks Special Data
Collection Program established by this act shall be totally funded by
voluntary contributions from the fireworks industry or federal or
private grants.
SEC. 2. Section 12599.4 is added to the Health and Safety Code, to
read:
12599.4. (a) On
12599.4. (a) There is hereby established the
Fireworks Special Data Collection Program, as described in
subdivision (e).
(b) In 2013 and 2014 on or before
December 1, 2013, and on or before December 1, 2014,
the State Fire Marshal shall, pursuant to his or her
regulatory authority, and in consultation with the State Fire Marshal'
s General Fireworks Advisory Committee, which consists of
representatives from local fire and law enforcement agencies and the
fireworks industry, determine an appropriate sum that does not exceed
the amount reasonably necessary for the fireworks special
data collection Fireworks Special Data Collection
Program activities for the targeted jurisdictions and the state
for the following year.
(b)
( c) The moneys collected by the State Fire
Marshal pursuant to this section shall be deposited in the Fireworks
Special Data Collection Fund, which is hereby established as a
special fund in the State Treasury, separate and apart from all other
public money or funds of this state. Notwithstanding Section 13340
of the Government Code, all moneys in the fund shall be continuously
appropriated to the State Fire Marshal for the study and the actual
reasonable costs incurred by the State Fire Marshal and the local,
participating jurisdictions to develop, implement, analyze, and
report the enhanced fireworks special data collection
program results of the Fireworks Special Data
Collection Program , as described in subdivision (d)
(e) . Moneys in the fund shall not be used for
any other purpose.
(c)
(d) The Fireworks Special Data Collection Fund may
receive funding from any of the following sources:
(1) Voluntary contributions from the fireworks industry.
(2) Federal or private grants.
(d)
(e) In addition to the obligations described in Section
13110.5, on or before November 1, 2013, the State Fire
Marshal's Fireworks Marshal and the General Fireworks
Advisory Committee shall may
review , revise, and approve a plan developed by
in conjunction with one or more representatives of
the fireworks industry to collect and analyze data relating to
the sale of fireworks and related fire, injury, and disposal issues.
(1) The plan shall contain, but not be limited to, a sample design
and selection method to accurately capture a representative
data set to be used for statistical analysis relating to fires,
damages, seizures, arrests, administrative citations, and fireworks
disposal issues caused by dangerous fireworks and safe and sane
fireworks for the period periods
surrounding both the 4th of July and New Year's
Eve.
(2) The data set shall be verified by a university or other
nationally recognized independent survey design expert selected
by one or more representatives of the fireworks industry and approved
by the State Fire Marshal . This plan for data collection
shall attempt to collect the requisite data not only
in the target communities , but also
and in those communities immediately adjoining or
contiguous to the target communities.
(e) The
(f) In 2014 and 2015, the sale of
safe and sane fireworks for the period of 9 a.m. on December 26
of 2014 and 2015 to midnight of to 11:59 p.m.
on January 1 of the following year, inclusive, shall only be
permitted if, by December 31 of the previous year, the State Fire
Marshal, in consultation with the State Fire Marshal's General
Fireworks Advisory Committee, determines that there are
sufficient funds within the Fireworks Special Data Collection Fund to
cover the actual and reasonable costs for that year associated with
the special data collection program Fireworks
Special Data Collection Program established by this section.
(f) This section shall remain in effect only until January 15,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 15, 2018, deletes or extends
that date.
(g) This section shall become inoperative on January 15, 2016,
and, as of January 1, 2017, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2017, deletes
or extends the dates on which it becomes inoperative and is
repealed.
SEC. 3. Section 12599.5 is added to the Health and Safety Code, to
read:
12599.5. (a) Notwithstanding Sections 12599 and 12672, in 2014
and 2015 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 2014 and 2015 to midnight of
to 11:59 p.m. on 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 on or before
June 15 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,
fire district, 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, 2016, and,
as of January 2, 2016, is repealed, unless a later enacted statute,
that is enacted before January 2, 2016, deletes or extends the dates
on which it becomes inoperative and is repealed.
(c) This section shall become inoperative on January 2, 2016, and,
as of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 4. Section 12635.5 is added to the Health and Safety Code, to
read:
12635.5. (a) A charter city, city, county, fire protection
district, 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 to the charter city, city,
county, fire district, or city and county of a pro rata portion of
the actual and reasonable costs the charter city, city,
county, fire protection district, or city and county
incurs on or before January 2, 2016, 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, fire protection district, 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
means employee or contracted employee time that
the charter city, city, county, fire protection district,
or city and county would not otherwise incur but for the sale and use
of safe and sane fireworks.
(5) Fire operation and suppression efforts that are directly
related to safe and sane fireworks.
(b) The pro rata share of the costs shall be determined
specified in the ordinance or resolution and
calculated 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, fire protection
district, or city and county during the applicable period . A
cost recovery ordinance or resolution in effect on or before June 30,
2012, may supersede this subdivision .
(c) This section shall remain in effect only until January 2,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 2, 2016, deletes or extends
that date.
(c) This section shall become inoperative on July 2, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 5. 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.
