BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SCR 144|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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CONSENT
Bill No: SCR 144
Author: Gaines (R), et al.
Amended: 8/2/16
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE: 8-0, 6/28/16
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning,
Vidak
NO VOTE RECORDED: Wolk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Fireworks Safety Month
SOURCE: Author
DIGEST: This resolution declares June 21, 2016, through July
21, 2016, as Fireworks Safety Month; and urges the Department of
Forestry and Fire Protection (CAL FIRE) and local fire
protection agencies to educate the public about safe and
responsible use of fireworks and about the high fines for using
or selling illegal fireworks.
ANALYSIS:
Existing law:
1)Establishes the State Fireworks Law (Health and Safety Code
(HSC) § 12500 et seq.), which regulates the use, manufacture,
wholesale, import, export, and sale of all classes of
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fireworks.
2)Defines fireworks as any device containing chemical elements
and chemical compounds capable of burning independently of
atmospheric oxygen and producing audible, visual, mechanical,
or thermal effects which are useful as pyrotechnic devices or
for entertainment (HSC § 12511). "Safe and sane" fireworks
are defined as fireworks that do not come with the definition
of "dangerous fireworks" or "exempt fireworks", as defined.
This resolution makes the following legislative findings:
1)Fireworks cause bodily harm and even death and contribute to
wildfires.
2)Illegal fireworks remain a major problem, despite education
and enforcement efforts. Stopping their use would need a
massive coordinated effort between state, federal, and local
agencies.
3)The most common type of firework today are aerial shell
fireworks, in contrast to 20 years ago when bottle rockets and
firecrackers were more popular.
4)Cities and counties can decide if they will allow "safe and
sane fireworks." Fireworks can only be used between June 28th
and July 6th.
5)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 jail for one year.
Modifying fireworks to create an explosive device can result
in more severe penalties, including fines up to $50,000 and
imprisonment.
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Prior Legislation
SCR 71 (Gaines, Resolution Chapter 158, Statutes of 2015)
designated June 21, 2015, through July 21, 2015, as Fireworks
Safety Month; and encouraged CAL FIRE and local fire protection
agencies to educate members of the public about the risks of
improperly using fireworks, including fireworks that have been
approved as safe and sane.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified8/3/16)
American Federation of State, County and Municipal Employees
OPPOSITION: (Verified8/3/16)
None received
ARGUMENTS IN SUPPORT: In their support letter for SCR 144,
the American Federation of State, County and Municipal Employees
point out the harm fireworks can cause, including lifelong
disabilities or even death. They also feel SCR 144 can help
reduce wildfires by spreading awareness of the dangers that
occur with improper use of fireworks.
Prepared by: Matthew Dumlao / N.R. & W. / (916) 651-4116
8/3/16 19:16:16
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