BILL NUMBER: AB 1773	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 5, 2010
	PASSED THE ASSEMBLY  APRIL 29, 2010

INTRODUCED BY   Assembly Member Mendoza

                        FEBRUARY 9, 2010

   An act to add Sections 12606.1, 13188.4, and 13197.6 to the Health
and Safety Code, relating to fire protection.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1773, Mendoza. State Fire Marshal: inspections and licensing.
   Existing law provides for the licensing by the State Fire Marshal
of persons to engage in various activities relating to the sale or
use of fireworks, and the servicing of portable fire extinguishers
and automatic extinguisher systems.
   This bill would authorize the State Fire Marshal or his or her
designee to stay the suspension of a license or certificate of
registration in specified instances on condition that its holder pay
a specified monetary penalty and incur no other cause for
disciplinary action, as specified. Those penalties would be deposited
in the State Fire Marshal Licensing and Certification Fund. The bill
would require the State Fire Marshal to make specified data relating
to this bill available to the public.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12606.1 is added to the Health and Safety Code,
to read:
   12606.1.  (a) If the State Fire Marshal or his or her designee
determines that the public interest and public welfare will be
adequately served by permitting a person licensed under this chapter
to pay a monetary penalty to the State Fire Marshal in lieu of an
actual license suspension, the State Fire Marshal or his or her
designee may stay the execution of all or part of the suspension if
all of the following conditions are met:
   (1) The violation that is the cause for the suspension did not
pose, or have the potential to pose, a significant threat or risk of
harm to the public.
   (2) The licensee pays a monetary penalty.
   (3) The licensee does not incur any other cause for disciplinary
action within a period of time specified by the State Fire Marshal or
his or her designee.
   In making the determination, the State Fire Marshal or his or her
designee shall consider the seriousness of the violation, the
violator's record of compliance with the law, the impact of the
determination on the licensee, the licensee's employees or customers,
and other relevant factors.
   (b) The State Fire Marshal or his or her designee may exercise the
discretion granted under this section either with respect to a
suspension ordered by a decision after a contested hearing on an
accusation against the licensee or by stipulation with the licensee
after the filing of an accusation, but prior to the rendering of a
decision based upon the accusation. In either case, the terms and
conditions of the disciplinary action against the licensee shall be
made part of a formal decision of the State Fire Marshal or his or
her designee.
   (c) If a licensee fails to pay the monetary penalty in accordance
with the terms and conditions of the decision of the State Fire
Marshal or his or her designee, the State Fire Marshal or his or her
designee may, without a hearing, order the immediate execution of all
or any part of the stayed suspension in which event the licensee
shall not be entitled to any repayment nor credit, prorated or
otherwise, for money paid to the State Fire Marshal under the terms
of the decision.
   (d) The amount of the monetary penalty payable under this section
shall not exceed two hundred fifty dollars ($250) for each day of
suspension stayed nor a total of ten thousand dollars ($10,000) per
decision regardless of the number of days of suspension stayed under
the decision.
   (e) Any monetary penalty received pursuant to this section shall
be deposited in the State Fire Marshal Licensing and Certification
Fund.
   (f) On or before March 1 of each year, the State Fire Marshal
shall make available to the public data showing the percentage of
enforcement actions taken that resulted in license suspension or the
assessment of monetary penalties pursuant to this section.
  SEC. 2.  Section 13188.4 is added to the Health and Safety Code, to
read:
   13188.4.  (a) If the State Fire Marshal or his or her designee
determines that the public interest and public welfare will be
adequately served by permitting a person who has a license issued
pursuant to Section 13165 or a certificate of registration issued
pursuant to Section 13178 to pay a monetary penalty to the State Fire
Marshal in lieu of a license or certificate of registration
suspension, the State Fire Marshal or his or her designee may stay
the execution of all or part of the suspension if all of the
following conditions are met:
   (1) The violation that is the cause for the suspension did not
pose, or have the potential to pose, a significant threat or risk of
harm to the public.
   (2) The holder of the license or certificate of registration pay a
monetary penalty.
   (3) The holder of the license or certificate of registration does
not incur any other cause for disciplinary action within a period of
time specified by the State Fire Marshal or his or her designee.
   In making the determination, the State Fire Marshal or his or her
designee shall consider the seriousness of the violation, the
violator's record of compliance with the law, the impact of the
determination on the violator, the violator's employees or customers,
and other relevant factors.
   (b) The State Fire Marshal or his or her designee may exercise the
discretion granted under this section either with respect to a
suspension ordered by a decision after a contested hearing on an
accusation against the holder of the license or certificate of
registration or by stipulation with the holder of the license or
certificate of registration after the filing of an accusation, but
prior to the rendering of a decision based upon the accusation. In
either case, the terms and conditions of the disciplinary action
against the holder of the license or certificate of registration
shall be made part of a formal decision of the State Fire Marshal or
his or her designee.
   (c) If a holder of the license or certificate of registration
fails to pay the monetary penalty in accordance with the terms and
conditions of the decision of the State Fire Marshal or his or her
designee, the State Fire Marshal or his or her designee may, without
a hearing, order the immediate execution of all or any part of the
stayed suspension in which event the holder of the license or
certificate of registration shall not be entitled to any repayment
nor credit, prorated or otherwise, for money paid to the State Fire
Marshal under the terms of the decision.
   (d) The amount of the monetary penalty payable under this section
shall not exceed two hundred fifty dollars ($250) for each day of
suspension stayed nor a total of ten thousand dollars ($10,000) per
decision regardless of the number of days of suspension stayed under
the decision.
   (e) Any monetary penalty received pursuant to this section shall
be deposited in the State Fire Marshal Licensing and Certification
Fund.
   (f) On or before March 1 of each year, the State Fire Marshal
shall make available to the public data showing the percentage of
enforcement actions taken that resulted in license suspension or the
assessment of monetary penalties pursuant to this section.
  SEC. 3.  Section 13197.6 is added to the Health and Safety Code, to
read:
   13197.6.  (a) If the State Fire Marshal or his or her designee
determines that the public interest and public welfare will be
adequately served by permitting a person licensed under this chapter
to pay a monetary penalty to the State Fire Marshal in lieu of an
actual license suspension, the State Fire Marshal or his or her
designee may stay the execution of all or part of the suspension if
all of the following conditions are met:
   (1) The violation that is the cause for the suspension did not
pose, or have the potential to pose, a significant threat or risk of
harm to the public.
   (2) The licensee pays a monetary penalty.
   (3) The licensee does not incur any other cause for disciplinary
action within a period of time specified by the State Fire Marshal or
his or her designee.
   In making the determination, the State Fire Marshal or his or her
designee shall consider the seriousness of the violation, the
violator's record of compliance with the law, the impact of the
determination on the licensee, the licensee's employees or customers,
and other relevant factors.
   (b) The State Fire Marshal or his or her designee may exercise the
discretion granted under this section either with respect to a
suspension ordered by a decision after a contested hearing on an
accusation against the licensee or by stipulation with the licensee
after the filing of an accusation, but prior to the rendering of a
decision based upon the accusation. In either case, the terms and
conditions of the disciplinary action against the licensee shall be
made part of a formal decision of the State Fire Marshal or his or
her designee.
   (c) If a licensee fails to pay the monetary penalty in accordance
with the terms and conditions of the decision of the State Fire
Marshal or his or her designee, the State Fire Marshal or his or her
designee may, without a hearing, order the immediate execution of all
or any part of the stayed suspension in which event the licensee
shall not be entitled to any repayment nor credit, prorated or
otherwise, for money paid to the State Fire Marshal under the terms
of the decision.
   (d) The amount of the monetary penalty payable under this section
shall not exceed two hundred fifty dollars ($250) for each day of
suspension stayed nor a total of ten thousand dollars ($10,000) per
decision regardless of the number of days of suspension stayed under
the decision.
   (e) Any monetary penalty received pursuant to this section shall
be deposited in the State Fire Marshal Licensing and Certification
Fund.
   (f) On or before March 1 of each year, the State Fire Marshal
shall make available to the public data showing the percentage of
enforcement actions taken that resulted in license suspension or the
assessment of monetary penalties pursuant to this section.