Bill Text: CA SB1468 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: SB 1468	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Gaines

                        FEBRUARY 24, 2012

   An act to add and repeal Sections 12599.5 and 12635.5 of the
Health and Safety Code, relating to fireworks.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1468, as introduced, Gaines. 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 authorize, until January 2, 2018, 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, fire 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, 2018, a charter
city, city, county, fire 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 district, or city and county
of a pro rata portion of the costs incurred by the charter city,
city, county, fire 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 district, or
city and county.
   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: 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 2013 to 2017, 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 2013 to 2017,
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,
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, 2018, and,
as of January 2, 2018, is repealed, unless a later enacted statute,
that is enacted before January 2, 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) A charter city, city, county, fire 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 costs the charter
city, city, county, fire district, 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, fire 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 employee or contracted employee time that
the charter city, city, county, fire 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 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 district, or city and county during the
applicable period.
   (c) This section shall remain in effect only until January 2,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 2, 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.