Bill Text: CA SCR144 | 2015-2016 | Regular Session | Amended

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

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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

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BILL NUMBER: SCR 144	AMENDED
	BILL TEXT

	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  risks of
improperly using fireworks and of   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, Fireworks were involved in an estimated 10,500 additional
injuries treated in United States hospital emergency rooms in
2014--about 67 percent of which were treated between June 21 and July
21; 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 hands,
fingers, eyes, legs, the face, and head, which potentially results 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, Because CalFire responded to 6,335 wildfires between
January 2015 and December 2015 that burned 307,958 acres at an
estimated cost of $209 million, eliminating any single source of
wildfires is important in saving lives, property, and state funds;
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 rather than using fireworks at their homes or in other
unprotected, unsupervised areas;   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  fireworks 
 firework item  must be included on  CalFire's
  the State Fire Marshal's  "safe and sane" list
and must also be authorized by  local fire agencies 
 the city, county, or fire district in the  area
  location  where the fireworks will be used; and
   WHEREAS,  Possession   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
 is   may be  subject to a minimum penalty
of $500,  but  and  up to a penalty of
$1,000 and imprisonment in a county jail for one  year.
Modification of any fireworks to create an explosive device can
result in much more severe criminal penalties, including fines of up
to $50,000 plus imprisonment; now, therefore, be it  
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 about the risks of improperly using
fireworks;   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.