BILL NUMBER: SB 839 CHAPTERED
BILL TEXT
CHAPTER 563
FILED WITH SECRETARY OF STATE OCTOBER 12, 2007
APPROVED BY GOVERNOR OCTOBER 12, 2007
PASSED THE SENATE SEPTEMBER 10, 2007
PASSED THE ASSEMBLY SEPTEMBER 7, 2007
AMENDED IN ASSEMBLY AUGUST 31, 2007
AMENDED IN ASSEMBLY AUGUST 20, 2007
AMENDED IN ASSEMBLY JUNE 25, 2007
AMENDED IN SENATE JUNE 4, 2007
AMENDED IN SENATE MAY 10, 2007
AMENDED IN SENATE MAY 1, 2007
AMENDED IN SENATE APRIL 19, 2007
AMENDED IN SENATE APRIL 16, 2007
AMENDED IN SENATE APRIL 9, 2007
INTRODUCED BY Senator Calderon
FEBRUARY 23, 2007
An act to amend Sections 12551, 12552, 12700, 12702, and 12726 of,
and to add Sections 12556, 12557, 12703, 12704, 12706, 12727, and
12728 to, the Health and Safety Code, and to add Section 15301 to the
Vehicle Code, relating to fireworks.
LEGISLATIVE COUNSEL'S DIGEST
SB 839, Calderon. Fireworks.
(1) The State Fireworks Law requires the State Fire Marshal to
adopt regulations relating to fireworks as may be necessary for the
protection of life and property, and requires the State Fire Marshal
to appoint deputies and employees as may be required to carry out the
provisions of that law. That law provides that the State Fire
Marshal, his or her salaried deputies, or a chief of a fire
department, or his or her authorized representatives, a fire
protection agency, or any other public agency authorized by statute
to enforce the State Fire Marshal's regulations, may seize any
fireworks, as described, and may charge a person whose fireworks are
seized with specified costs of transporting, storing, and handling
the seized fireworks. That law also makes it unlawful for a person
to, among other matters, transport fireworks unless those fireworks
have been classified and registered by the State Fire Marshal.
This bill would make it unlawful for a person to possess a
specified amount of dangerous fireworks, and upon conviction, is
guilty of a public offense punishable by a fine or by imprisonment,
as specified. By creating a new crime, the bill would impose a
state-mandated local program. The bill would require the State Fire
Marshal, on or before July 1, 2008, to identify and evaluate
specified data relating to fireworks, and require the State Fire
Marshal to furnish a copy of the evaluation methods to any interested
person upon request. The bill would require the State Fire Marshal,
in conjunction with the Attorney General, to send notices regarding
unauthorized shipments of fireworks in California, as specified.
The bill would create the State Fire Marshal Fireworks Enforcement
and Disposal Fund. The bill would provide that 65% of the penalty
imposed by these provisions, except for administrative fines imposed
by local jurisdictions, shall be deposited in the fund for use by the
State Fire Marshal, upon appropriation by the Legislature, to
enforce, prosecute, dispose of, and manage dangerous fireworks and to
educate public safety agencies in the proper handling and management
of dangerous fireworks. The bill would also provide that 35% of the
penalty, except for administrative fines imposed by local
jurisdictions, will remain with the public safety agency for
specified expenses. The bill would require the county treasurer in
the county where the offense was committed to forward those penalties
as specified in these provisions. By imposing a higher level of
service on a local agency, the bill would impose a state-mandated
local program.
The bill would require the Office of the State Fire Marshal,
consulting with public safety agencies and other stakeholders, to
develop a model ordinance that permits local jurisdictions to adopt a
streamlined enforcement and administrative fine procedures related
to the possession of 25 pounds or less of dangerous fireworks, as
specified. The bill would also require the State Fire Marshal, in
consultation with local jurisdictions, to develop regulations, in
conjunction with the model ordinance, to specify a procedure on how
to reimburse the Office of the State Fire Marshal for the actual
costs associated with the disposal of seized dangerous fireworks and
to recover those costs, as part of an administrative fine, from any
person who violates that ordinance, as specified. The bill would
require a local ordinance in effect on or after January 1, 2008, that
is not the model ordinance to comply with these provisions. By
requiring a higher level of service on a local agency, the bill would
impose a state-mandated local program.
The bill would further require the State Fire Marshal, pursuant to
the requirements and procedures established by the Office of
Administrative Law, to establish regulations to assess fees on all
import and export, wholesale, and retail fireworks licensees in
California, as specified. The bill would provide that these fees
shall be deposited in the State Fire Marshal Fireworks Enforcement
and Disposal Fund for use by the State Fire Marshal, upon
appropriation by the Legislature, to carry out specified statewide
programs.
(2) Existing law prohibits a driver of a commercial motor vehicle
from operating a commercial motor vehicle for one year if the driver
is convicted of a first violation of specified vehicle-related
offenses or convicted of other specified crimes.
This bill would require the Department of Motor Vehicles, in
conjunction with the State Fire Marshal, to develop regulations and
procedures to temporarily suspend the commercial motor vehicle
license of a person who is operating a commercial motor vehicle while
transporting dangerous fireworks having a gross weight of 10,000
pounds or more. The bill would also prohibit a driver of a commercial
motor vehicle from operating a commercial motor vehicle for 3 years
if the driver is convicted of transporting dangerous fireworks having
a gross weight of 10,000 pounds or more.
(3) This bill would also make various technical, nonsubstantive
changes to these provisions.
(4) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12551 of the Health and Safety Code is amended
to read:
12551. The State Fire Marshal shall appoint deputies and
employees as may be required to carry out the provisions of this
part, subject to approval in the annual Budget Act.
SEC. 2. Section 12552 of the Health and Safety Code is amended to
read:
12552. The State Fire Marshal shall adopt regulations relating to
fireworks as may be necessary for the protection of life and
property not inconsistent with the provisions of this part. These
regulations shall include, but are not limited to, provisions for the
following:
(a) Granting of licenses and permits for the manufacture,
wholesale, import, export, and sale of all classes of fireworks.
(b) Classification of fireworks and pyrotechnic devices.
(c) Registration of employees of licensees.
(d) Licenses and permits required for presentation of public
displays.
(e) Granting of licenses and permits for research or
experimentation with experimental or model rockets and missiles.
(f) Investigation, examination, and licensing of pyrotechnic
operators of all classes.
(g) Registration of emergency signaling devices and the
classification and use of exempt fireworks.
(h) Transportation of all classifications of fireworks, model
rockets, emergency signaling devices, and exempt fireworks.
SEC. 3. Section 12556 is added to the Health and Safety Code, to
read:
12556. In addition to the obligations described in Section
13110.5, on or before July 1, 2008, the State Fire Marshal shall
identify and evaluate methods to capture more detailed data relating
to fires, damages, and injuries caused by both dangerous fireworks
and safe and sane fireworks. These evaluation methods shall include a
cost analysis related to capturing and reporting the data and shall
meet or exceed the specificity, detail, and reliability of the data
captured under the former California Fire Incident Reporting System
(CFIRS). The State Fire Marshal shall furnish a copy of these
evaluation methods to any interested person upon request.
SEC. 4. Section 12557 is added to the Health and Safety Code, to
read:
12557. (a) The Office of the State Fire Marshal shall consult
with public safety agencies and other stakeholders as deemed
necessary by the State Fire Marshal and develop a model ordinance
that permits local jurisdictions to adopt a streamlined enforcement
and administrative fine procedures related to the possession of 25
pounds or less of dangerous fireworks. These procedures shall be
limited to civil fines and as authorized pursuant to Section 53069.4
of the Government Code, and provide that the fines collected pursuant
to this section shall not be subject to Section 12706. The model
ordinance shall include provisions for reimbursing the Office of the
State Fire Marshal for the costs associated with the disposal of
seized fireworks and collecting these disposal costs as part of an
administrative fine as described in subdivision (c).
(b) An ordinance of a local jurisdiction in effect on or after
January 1, 2008, that is related to dangerous fireworks and is not
the model ordinance described in subdivision (a) shall, as soon as
practicable, comply with all of the following:
(1) The ordinance shall be amended or adopted to include
provisions for cost reimbursement to the Office of the State Fire
Marshal and the collection of disposal costs as part of an
administrative fine as described in subdivision (c).
(2) The ordinance shall be amended or adopted to provide that the
ordinance shall be limited to a person who possesses or the seizure
of 25 pounds or less of dangerous fireworks.
(3) The ordinance shall be amended or adopted to provide that the
fines collected pursuant to the ordinance shall not be subject to
Section 12706.
(c) The State Fire Marshal shall, in consultation with local
jurisdictions, develop regulations to specify a procedure on how to
cover the cost to the Office of the State Fire Marshal for the
transportation and disposal of dangerous fireworks that are seized by
local jurisdictions. The regulations shall include, but are not
limited to, all of the following:
(1) A cost recovery procedure to collect, as part of an
administrative fine, the actual cost for transportation and disposal
of dangerous fireworks from any person who violates a local ordinance
related to dangerous fireworks.
(2) The method by which the actual cost for transportation and
disposal by the Office of the State Fire Marshal will be calculated.
(3) The method, manner, and procedure the local jurisdiction is
required to follow to forward the amounts collected pursuant to
paragraph (1) to the State Fire Marshal.
SEC. 5. Section 12700 of the Health and Safety Code is amended to
read:
12700. (a) Except as provided in Section 12702 and subdivision
(b), a person who violates any provision of this part, or any
regulations issued pursuant to this part, is guilty of a misdemeanor,
and upon conviction shall be punished by a fine of not less than
five hundred dollars ($500) or more than one thousand dollars
($1,000), or by imprisonment in the county jail for not exceeding one
year, or by both that fine and imprisonment.
(b) A person who violates any provision of this part, or any
regulations issued pursuant to this part, by possessing dangerous
fireworks shall be subject to the following:
(1) A person who possesses a gross weight, including packaging, of
less than 25 pounds of unaltered dangerous fireworks, as defined in
Section 12505, is guilty of a misdemeanor, and upon conviction shall
be punished by a fine of not less than five hundred dollars ($500) or
more than one thousand dollars ($1,000), or by imprisonment in the
county jail for not exceeding one year, or both that fine and
imprisonment. Upon a second or subsequent conviction, a person shall
be punished by a fine of not less than one thousand dollars ($1,000)
or by imprisonment in a county jail not exceeding one year or by both
that fine and imprisonment.
(2) A person who possesses a gross weight, including packaging, of
not less than 25 pounds or more than 100 pounds of unaltered
dangerous fireworks, as defined in Section 12505, is guilty of a
public offense, and upon conviction shall be punished by imprisonment
in the county jail for not more than one year, or by a fine of not
less than one thousand dollars ($1,000) or more than five thousand
dollars ($5,000), or by both that fine and imprisonment.
(3) A person who possesses a gross weight, including packaging, of
not less than 100 pounds or more than 5,000 pounds of unaltered
dangerous fireworks, as defined in Section 12505, is guilty of a
public offense, and upon conviction shall be punished by imprisonment
in the state prison or the county jail for not more than one year,
or by a fine of not less than five thousand dollars ($5,000) or more
than ten thousand dollars ($10,000), or by both that fine and
imprisonment.
(4) A person who possesses a gross weight, including packaging, of
more than 5,000 pounds of unaltered dangerous fireworks, as defined
in Section 12505, is guilty of a public offense, and upon conviction
shall be punished by imprisonment in the state prison or the county
jail for not more than one year, or by a fine of not less than ten
thousand dollars ($10,000) or more than fifty thousand dollars
($50,000), or by both that fine and imprisonment.
(c) Subdivision (b) shall not apply to a person who holds and is
operating within the scope of a valid license as described in Section
12516 or valid permit as described in Section 12522.
SEC. 6. Section 12702 of the Health and Safety Code is amended to
read:
12702. Notwithstanding the provisions of Section 12700:
(a) A person who violates this part by selling, giving, or
delivering any dangerous fireworks to any person under 18 years of
age is guilty of a misdemeanor and upon a first conviction shall be
punished as prescribed in subdivision (b) of Section 12700.
(b) Upon a second or subsequent conviction of the offense, the
person shall be punished by an additional fine of five thousand
dollars ($5,000), or by imprisonment in a county jail for up to one
year or by both that fine and imprisonment. The person shall not be
granted probation and the execution of the sentence imposed upon the
person shall not be suspended by the court.
SEC. 7. Section 12703 is added to the Health and Safety Code, to
read:
12703. (a) The State Fire Marshal shall, in conjunction with the
Department of Motor Vehicles, develop regulations and procedures to
temporarily suspend the commercial motor vehicle license of a person
who is operating a commercial motor vehicle while transporting
unaltered dangerous fireworks, as defined in Section 12505, having a
gross weight, including packaging, of 10,000 pounds or more.
(b) A driver of a commercial motor vehicle shall not operate a
commercial motor vehicle for three years if the driver is convicted
of transporting unaltered dangerous fireworks, as defined in Section
12505, having a gross weight, including packaging, of 10,000 pounds
or more, as described in Section 15301 of the Vehicle Code.
(c) This section shall not apply to a person who holds and is
operating within the scope of a valid license as described in Section
12516 or valid permit as described in Section 12522.
SEC. 8. Section 12704 is added to the Health and Safety Code, to
read:
12704. The State Fire Marshal, at least once a year and in
consultation with the Attorney General, shall serve notice to any
individual or business known to supply fireworks that any
unauthorized shipments of fireworks into California will result in an
immediate report to federal authorities with a request for any
relevant federal prosecution.
SEC. 9. Section 12706 is added to the Health and Safety Code, to
read:
12706. Notwithstanding Section 1463 of the Penal Code, all fines
and forfeitures imposed by or collected in any court of this state,
except for administrative fines described in Section 12557, as a
result of citations issued by a public safety agency, for any
violation of subdivision (b) of Section 12700 or of any regulation
adopted pursuant to subdivision (b) of Section 12700, shall be
deposited, as soon as practicable after the receipt of the fine or
forfeiture, with the county treasurer of the county in which the
court is situated. Amounts deposited pursuant to this section shall
be paid at least once a month as follows:
(a) Sixty-five percent to the Treasurer, by warrant of the county
auditor drawn upon the requisition of the clerk or judge of the
court, for deposit in the State Fire Marshal Fireworks Enforcement
and Disposal Fund, as described in Section 12728, on order of the
Controller. At the time of the transmittal, the county auditor shall
forward to the Controller, on the form or forms prescribed by the
Controller, a record of the imposition, collection, and payments of
the fines or forfeitures.
(b) Thirty-five percent to the local public safety agency in the
county in which the offense was committed to reimburse the local
public safety agency for expenses, including, but not limited to, the
costs for handling, processing, photographing, and storing seized
dangerous fireworks.
SEC. 10. Section 12726 of the Health and Safety Code is amended to
read:
12726. (a) The dangerous fireworks seized pursuant to this part
shall be disposed of by the State Fire Marshal in the manner
prescribed by the State Fire Marshal at any time after the final
determination of proceedings under Section 12724, or upon final
termination of proceedings under Section 12593, whichever is later.
If no proceedings are commenced pursuant to Section 12724, the State
Fire Marshal may dispose of the fireworks after all of the following
requirements are satisfied:
(1) A random sampling of the dangerous fireworks has been taken,
as defined by regulations adopted by the State Fire Marshal pursuant
to Section 12552.
(2) The analysis of the random sampling has been completed.
(3) Photographs have been taken of the dangerous fireworks to be
destroyed.
(4) The State Fire Marshal has given written approval for the
destruction of the dangerous fireworks. This approval shall specify
the total weight of the dangerous fireworks seized, the total weight
of the dangerous fireworks to be destroyed, and the total weight of
the dangerous fireworks not to be destroyed.
(b) To carry out the purposes of this section, the State Fire
Marshal shall acquire and use statewide mobile dangerous fireworks
destruction units to collect and destroy seized dangerous fireworks
from local and state agencies.
(c) If dangerous fireworks are seized pursuant to a local
ordinance that provides for administrative fines or penalties and
these fines or penalties are collected, the local government entity
collecting the fines or penalties shall forward 65 percent of the
collected moneys to the Controller for deposit in the State Fire
Marshal Fireworks Enforcement and Disposal Fund, as described in
Section 12728.
SEC. 11. Section 12727 is added to the Health and Safety Code, to
read:
12727. (a) The State Fire Marshal shall establish regulations
pursuant to the requirements and procedures established with the
Office of Administrative Law to assess fees on all import and export,
wholesale, and retail fireworks licensees in California to be
deposited in the State Fire Marshal Fireworks Enforcement and
Disposal Fund.
(b) In determining the appropriate amount of the fees described in
subdivision (a), the State Fire Marshal shall consult with the
fireworks industry and import and export, wholesale, and retail
fireworks licensees.
(c) The total amount of the fees collected shall not exceed the
reasonable costs of the statewide programs described in subdivision
(c) of Section 12728.
SEC. 12. Section 12728 is added to the Health and Safety Code, to
read:
12728. (a) The State Fire Marshal Fireworks Enforcement and
Disposal Fund is hereby established in the State Treasury.
(b) All of the moneys collected pursuant to Section 12706 shall be
deposited in the fund and shall be available, upon appropriation by
the Legislature, to the State Fire Marshal for the exclusive use in
statewide programs for the enforcement, prosecution related to,
disposal, and management of seized dangerous fireworks, and for the
education of public safety agencies in the proper handling and
management of dangerous fireworks.
(c) All of the moneys collected pursuant to Section 12727 shall be
deposited in the fund and shall be available, upon appropriation by
the Legislature, to the State Fire Marshal for the exclusive use in
statewide programs for all of the following:
(1) To further assist in statewide programs for the enforcement,
prosecution related to, disposal, and management of seized dangerous
fireworks.
(2) The education of public safety agencies in the proper handling
and management of dangerous fireworks as well as safety issues
involving all fireworks and explosives.
(3) Assist the State Fire Marshal in identifying and evaluating
methods to capture more detailed data relating to fires, damages, and
injuries caused by both dangerous and safe and sane fireworks, and
to assist with funding the eventual development and implementation of
those methods.
(4) To further assist in public safety and education efforts
within the general public as well as public safety agencies on the
proper and responsible use of safe and sane fireworks.
SEC. 13. Section 15301 is added to the Vehicle Code, to read:
15301. The Department of Motor Vehicles, in conjunction with the
State Fire Marshal, shall develop regulations and procedures to
temporarily suspend the commercial motor vehicle license of a person
who is operating a commercial motor vehicle while transporting
dangerous fireworks having a gross weight of 10,000 pounds or more. A
driver of a commercial motor vehicle shall not operate a commercial
motor vehicle for three years if the driver is convicted of
transporting dangerous fireworks having a gross weight of 10,000
pounds or more.
SEC. 14. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.