Amended in Senate August 2, 2016

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 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 begin insert the end insert
hands, fingers, eyes, legs, begin delete the end delete face, and head, begin delete which end delete begin insert and these
injuries end insert potentially begin delete results end delete begin insert result end insert 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.