Bill Text: CA SCR144 | 2015-2016 | Regular Session | Amended
Bill Title: Fireworks Safety Month.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Failed) 2016-11-30 - From Assembly without further action. [SCR144 Detail]
Download: California-2015-SCR144-Amended.html
BILL NUMBER: SCR 144 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 2, 2016
AMENDED IN SENATE JUNE 15, 2016
INTRODUCED BY Senator Gaines
(Coauthors: Senators Bates and Huff)
MAY 17, 2016
Relative to Fireworks Safety Month.
LEGISLATIVE COUNSEL'S DIGEST
SCR 144, as amended, Gaines. Fireworks Safety Month.
This measure would designate June 21, 2016, through July 21, 2016,
as Fireworks Safety Month and would urge the Department of Forestry
and Fire Protection and local fire protection agencies to educate the
public about safe and responsible use of fireworks that have been
approved as "safe and sane" and about the high fines for using or
selling illegal fireworks.
Fiscal committee: yes.
WHEREAS, Many Californians and visitors to our state will use
fireworks to celebrate our nation's independence on the Fourth of
July; and
WHEREAS, At least 10 people died in 2014 as a result of
fireworks-related injuries either through direct contact with
fireworks or in house fires started by fireworks; and
WHEREAS, Children younger than 15 years of age accounted for
approximately 35 percent of fireworks-related injuries, including
1,400 injuries caused by sparklers, 1,400 injuries caused by
firecrackers, and 100 injuries caused by bottle rockets overall; and
WHEREAS, The parts of the body most often injured were the
hands, fingers, eyes, legs, the face, and
head, which and these injuries
potentially results result in lifelong
disabilities for those injured; and
WHEREAS, Bodily injury is not the only damage that can occur from
improper use of fireworks. The Department of Forestry and Fire
Protection (CalFire) has stated that improper use of fireworks has
caused or contributed to wildfires throughout the state; and
WHEREAS, Despite the fact that local jurisdictions have dedicated
enforcement efforts and that the Office of the State Fire Marshal has
statewide safety and education efforts, both of which have
contributed to a reduction in the number of fireworks-related
incidents, illegal fireworks still remain "Public Enemy No. 1 for the
Fire Service"; and
WHEREAS, Law enforcement agencies and fire departments are using
every tool at their disposal to cut off the supply of illegal
fireworks and stop this illegal activity in its tracks. All
Californians can help their local and state public safety agencies by
only using "safe and sane fireworks" in the jurisdictions where they
are permitted to be sold and used, and by reporting any illegal
activity that they see; and
WHEREAS, The dynamics of the illegal fireworks problem in
California have changed dramatically over the last 15 to 20 years.
While 20 years ago, the primary focus of public safety agencies was
illegal bottle rockets and firecrackers, today the use of these items
is dwarfed by the heavy importation and use of aerial shells
rivaling or surpassing those used at sanctioned public fireworks
displays; and
WHEREAS, It takes a massive coordinated effort between state,
federal, and local agencies to stop the supply of these illegal items
coming across our state's borders and to provide the means for
public safety agencies to stop the illegal product and confiscate the
illegal product from the casual user, and, more importantly, to
stop, arrest, and prosecute those who are engaged in the felony
possession, use, or sale of these dangerous, illegal fireworks; and
WHEREAS, California law allows each city or county to determine
whether it will permit "safe and sane fireworks" to be sold or used
in its jurisdiction. California law states that these "safe and sane
fireworks" may be sold only between June 28 and July 6 of each year;
and
WHEREAS, CalFire has urged all people in California to join
sanctioned public fireworks displays to celebrate the Fourth of July;
and
WHEREAS, Users of illegal fireworks can cause severe damage and
significant injuries at a time of year when we should all be
celebrating this special occasion, not engaging in destructive,
criminal behavior; and
WHEREAS, CalFire has stated that in order for consumer fireworks
to be used by the public, the firework item must be included on the
State Fire Marshal's "safe and sane" list and must also be authorized
by the city, county, or fire district in the location where the
fireworks will be used; and
WHEREAS, As a result of Senate Bill 839 of 2007, which took effect
on January 1, 2008, possession of up to 25 pounds gross weight of
illegal fireworks may be subject to a minimum penalty of $500, and up
to a penalty of $1,000 and imprisonment in a county jail for one
year; and
WHEREAS, Modification of any fireworks to create an explosive
device can result in much more severe criminal penalties, including
fines of up to $50,000 and imprisonment; now, therefore, be it
Resolved by the Senate of the State of California, the Assembly
thereof concurring, That the Legislature designates June 21, 2016,
through July 21, 2016, as Fireworks Safety Month; and be it further
Resolved, That the Legislature urges CalFire and local fire
protection agencies to educate members of the public about safe and
responsible use of fireworks that have been approved as "safe and
sane"; and be it further
Resolved, That the Legislature requests these agencies to advise
the public about the high fines for use or sale of illegal fireworks,
in addition to the risks of paying for wildfire damage caused by
improper or illegal use of fireworks; and be it further
Resolved, That the Secretary of the Senate transmit copies of this
resolution to the author for appropriate distribution.
