Amended in Senate April 6, 2015
Senate BillNo. 677
Introduced by Senator Mendoza
February 27, 2015
begin deleteAn act to amend Section 44052 of the Health and Safety Code, relating to vehicular air pollution. end delete
LEGISLATIVE COUNSEL’S DIGEST
as amended, Mendoza.
begin deleteSmog check: penalties. end delete
Existing law establishes a motor vehicle inspection and maintenance program, referred to as a smog check program, developed, implemented, and administered by the Department of Consumer Affairs. The duty of enforcing and administering the program is vested in the Chief of the Bureau of Automotive Repair within the department. Existing law authorizes the department to issue a citation to a licensee, contractor, or fleet owner for a violation of the requirements of the smog check program, and the citation may specify certain civil or administrative penalties.
This bill would make a technical, nonsubstantive change to those provisions.
begin deleteno end delete.
State-mandated local program: begin deleteno end delete.
The people of the State of California do enact as follows:
In addition to the obligations described in Section
1513110.5, on or before July 1, 2008, the State Fire Marshal shall
16identify and evaluate methods to capture more detailed data relating
17to fires, damages, and injuries caused by both dangerous fireworks
18and safe and sane fireworks. These evaluation methods shall
19include a cost analysis related to capturing and reporting the data
20and shall meet or exceed the specificity, detail, and reliability of
21the data captured under the former California Fire Incident
22Reporting System (CFIRS). The State Fire Marshal shall furnish
23a copy of these evaluation methods to any interested person upon
begin deleteThe end delete
22 licensee or permittee shall permit the chief of the issuing
23authority, or his authorized representatives, as qualified in
24Section 12721, to enter and inspect any building or other
begin delete premisesend delete
25 subject to the control of or used by the licensee or permittee
27for any purpose related to fireworks at any time for the purpose
begin delete the provisions ofend delete this part.
All import and export licensees shall file a notice with
35the State Fire Marshal prior to the arrival of any class of fireworks
36subject to the license he holds. The notice shall state all of the
38(a) Estimated date of arrival.
39(b) Type, kind, and quantity of fireworks.
40(c) Name of carrier.
P10 1(d) Point of origin and bill of lading number.
2(e) Name and address of consignee.
3(f) Load number or other identification
The authority seizing
begin delete anyend delete fireworks under begin delete the provisions this chapter shall notify the State Fire Marshal not more than
5three days following the date of seizure and shall state the reason
6for the seizure and the quantity, type, and location of the fireworks.
7Any fireworks, with the exception of dangerous fireworks, seized
8pursuant to Section 12721 shall be
begin delete disposed ofend delete by the
begin delete Marshalend delete in the manner prescribed by
11the State Fire Marshal at any time subsequent to 60 days from the
12seizure or 10 days from the final termination of proceedings under
begin delete the provisions ofend delete Section 12593 or begin delete Sectionend delete 12724, whichever is
14later. Dangerous fireworks shall be
begin delete disposed ofend delete according
15to procedures in Sections 12724 and 12726.
begin delete Any fireworks seized
16by any authority as defined in this chapter, other than the State
17Fire Marshal or his or her salaried assistants, shall be held in trust
18for the State Fire Marshal by that authority.end delete
begin deleteAny end deleteperson whose fireworks are seized under
begin delete the provisions ofend delete this chapter may, within 10 days after seizure,
23petition the State Fire
begin delete Marshalend delete to return the fireworks seized upon the ground that
25the fireworks were illegally or erroneously seized.
begin delete Anyend delete petition
26filed pursuant to this section shall be considered by the State Fire
begin delete Marshalend delete within
2815 days after filing or after a hearing granted to the petitioner, if
29requested. The State Fire
begin delete Marshalend delete shall advise the petitioner of his or her decision
31in writing. The determination of the State Fire
begin delete Marshalend delete is final unless within 60
33days after seizure an action is commenced in a court of competent
34jurisdiction in the State of California for the recovery of the
35fireworks seized pursuant to this part, except as provided in
37(b) The determination of the State Fire
begin delete Marshalend delete is final in the case of the seizure
39of dangerous fireworks, unless within 20 days after the notice of
40the determination is mailed to the petitioner an action is
P12 1commenced in a court of competent jurisdiction in the State of
2California for the recovery of the fireworks seized pursuant to this
(a) The dangerous fireworks seized pursuant to this
7part shall be
begin delete disposedend delete of by the State Fire begin delete Marshalend delete
8 in the manner prescribed by the State Fire
10Marshal at any time after the final determination of proceedings
11under Section 12724, or upon final termination of proceedings
12under Section 12593, whichever is later. If no proceedings are
13commenced pursuant to Section 12724, the State Fire
begin delete Marshalend delete
14 may dispose
begin delete ofend delete the
16fireworks after all of the following requirements are satisfied:
17(1) A random sampling of the dangerous fireworks has been
18taken, as defined by regulations adopted by the State Fire Marshal
19pursuant to Section 12552.
20(2) The analysis of the random sampling has been completed.
21(3) Photographs have been taken of the dangerous fireworks to
begin delete destroyed.end delete
23(4) The State Fire Marshal has given written approval for the
begin delete destructionend delete of the dangerous
25fireworks. This approval shall specify the total weight of the
26dangerous fireworks seized, the total weight of the dangerous
27fireworks to be destroyed, and the total weight of the dangerous
28fireworks not to be destroyed.
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29(b) To carry out the purposes of this section, the State Fire
30Marshal shall acquire and use statewide mobile dangerous
31fireworks destruction units to collect and destroy seized dangerous
32fireworks from local and state agencies.
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34 If dangerous fireworks are seized pursuant to a local
35ordinance that provides for administrative fines or penalties and
36these fines or penalties are collected, the local government entity
37collecting the fines or penalties shall forward
begin delete 65end delete percent of the
38collected moneys to the Controller for deposit in the State Fire
39Marshal Fireworks Enforcement and Disposal Fund, as described
40in Section 12728.
The Department of Motor Vehicles, in conjunction
4with the State Fire Marshal, shall develop regulations and
5procedures to temporarily suspend the commercial motor vehicle
6license of a person who is operating a commercial motor vehicle
7while transporting dangerous fireworks having a gross weight of
810,000 pounds or more.
begin delete Aend delete
9 driver of a
commercial motor vehicle shall not operate a
10commercial motor vehicle for three years if the driver is convicted
11of transporting dangerous fireworks having a gross weight of
1210,000 pounds or more.
Section 44052 of the Health and Safety Code is
32amended to read:
(a) If a citation lists more than one violation, the
34amount of the civil penalty or administrative fine assessed shall
35be stated separately for each statute and regulation violated.
36(b) If a citation lists more than one violation arising from a
37single inspection or repair of a motor vehicle, the total penalties
38assessed shall not exceed five thousand dollars ($5,000).