Amended in Senate June 15, 2016

Senate Concurrent Resolution No. 144

Introduced by Senator Gaines

(Coauthors: Senators Bates and Huff)

May 17, 2016

Senate Concurrent Resolution No. 144—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 begin insert safe and responsible use of end insert fireworks that have been approved as “safe and sane” and about the begin delete risks of improperly using fireworks and of end delete begin insert high fines for end insert 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

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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

end delete

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

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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

end delete begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert

WHEREAS, CalFire has urged all people in California to join
begin insert sanctioned end insert public fireworks displays to celebrate the Fourth of
begin delete July rather than using fireworks at their homes or in other
unprotected, unsupervised areas; end delete begin insert July; end insert and

begin insert

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

end insert

WHEREAS, CalFire has stated that in order for begin insert consumer end insert
fireworks to be used by the public, the begin delete fireworks end delete begin insert firework item end insert
must be included on begin delete CalFire’s end delete begin insert the State Fire Marshal’s end insert “safe and
sane” list and must also be authorized by begin delete local fire agencies end delete begin insert the
city, county, or fire district end insert in the begin delete area end delete begin insert location end insert where the fireworks
will be used; and

WHEREAS, begin delete Possession end delete begin insert As a result of Senate Bill 839 of 2007,
which took effect on January 1, 2008, possession end insert of up to 25
pounds begin insert gross weight end insert of illegal fireworks begin delete is end delete begin insert may be end insert subject to a
minimum penalty of $500, begin delete but end delete begin insert and end insert up to a penalty of $1,000 and
imprisonment in a county jail for one begin delete 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 end delete begin insert year; and end insert

begin insert

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

end insert

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 begin insert safe
and responsible use of end insert fireworks that have been approved as “safe
and begin delete sane” and about the risks of improperly using fireworks; end delete begin insert sane”; end insert
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.