BILL NUMBER: SB 839 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Calderon
FEBRUARY 23, 2007
An act to amend Sections 12551, 12552, 12678, 12683, 12700, 12702,
and 12726 of, and to add Sections 12703, 12704, 12705, 12727, and
12728 to, the Health and Safety Code, and to add Section 15301 to the
Vehicle Code, relating to fireworks, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 839, as introduced, Calderon. Fireworks.
(1) The State Fireworks Law generally regulates the sale,
possession, use, and transportation of fireworks, including, but not
limited to, dangerous fireworks, safe and sane fireworks,
agricultural and wildlife fireworks, and emergency signaling devices,
as defined. That law defines "agricultural and wildlife fireworks"
as fireworks designed and intended by the manufacturer to be used to
prevent damage to crops or unwanted occupancy of areas by animals or
birds through the employment of sound or light or both. That law
makes it unlawful for a person to use or discharge an agricultural
and wildlife firework without first securing a permit from the State
Fire Marshal.
This bill would additionally make it unlawful for a person to
possess an agricultural and wildlife firework without first securing
a permit from the State Fire Marshal. The bill would also make it
unlawful to possess with the intent to use, or to use, an
agricultural and wildlife firework contrary to its intended use. By
creating a new crime, the bill would impose a state-mandated local
program.
(2) That law defines an "emergency signaling device" as a
pyrotechnic device designed and intended by the manufacturer to be
used in a manner that provides a reasonable degree of safety to the
user and does not create a fire hazard when used according to the
label of instructions. That law makes it unlawful for a person to
sell, use, or discharge an emergency signaling device not registered
by the State Fire Marshal.
This bill would additionally make it unlawful for a person to
possess an emergency signaling device not registered by the State
Fire Marshal. By creating a new crime, the bill would impose a
state-mandated local program.
(3) That law requires the State Fire Marshal to adopt regulations
relating to fireworks as may be necessary for the protection of life
and property, and requires the State Fire Marshal to appoint
deputies and employees as may be required to carry out the provisions
of that law. That law provides that the State Fire Marshal, his or
her salaried deputies, or a chief of a fire department, or his or her
authorized representatives, a fire protection agency, or any other
public agency authorized by statute to enforce the State Fire Marshal'
s regulations, may seize any fireworks, as described, and may charge
a person whose fireworks are seized with specified costs of
transporting, storing, and handling the seized fireworks. That law
also makes it unlawful for a person to, among other matters,
transport fireworks unless those fireworks have been classified and
registered by the State Fire Marshal.
This bill would permit the State Fire Marshal to appoint arson
bomb investigators and employees as may be required to carry out the
provisions of that law. The bill would also make it unlawful for a
person to possess a specified amount of dangerous fireworks, and upon
conviction, is guilty of a public offense subject to a specified
fine or by imprisonment in the county jail for not more than one
year, or both. By creating a new crime, the bill would impose a
state-mandated local program.
The bill would create the State Fire Marshal Fireworks Enforcement
and Disposal Fund. The bill would provide that 75% of the penalty
imposed by these provisions shall be deposited in the fund for use by
the State Fire Marshal, upon appropriation by the Legislature, to
regulate the fireworks industry. The bill would also provide that 25%
of the penalty will remain with the local fire protection agency for
administrative expenses. The bill would require the county treasurer
in the county where the offense was committed, to forward those
penalties as specified in these provisions. By imposing a higher
level of service on a local agency, the bill would impose a
state-mandated local program.
The bill would further require the State Fire Marshal to establish
regulations to impose a fee, not to exceed $0.03 per dollar, for
every dollar of safe and sane fireworks sold in the state. The bill
would provide that these regulatory fees shall be deposited in the
State Fire Marshal Fireworks Enforcement and Disposal Fund and may be
appropriated by the State Fire Marshal without regard to fiscal
year. By creating a continuously appropriated fund for the regulatory
fees established by the State Fire Marshal, the bill would make an
appropriation.
(4) Existing law prohibits a driver of a commercial motor vehicle
from operating a commercial motor vehicle for one year if the driver
is convicted of a first violation of specified vehicle-related
offenses or convicted of other specified crimes.
This bill would require the Department of Motor Vehicles, in
conjunction with the State Fire Marshal, to develop regulations and
procedures to temporarily suspend the commercial motor vehicle
license of a person who is operating a commercial motor vehicle while
transporting dangerous fireworks having a gross weight of 10,000
pounds or more. The bill would also prohibit a driver of a commercial
motor vehicle from operating a commercial motor vehicle for 3 years
if the driver is convicted of transporting dangerous fireworks having
a gross weight of 10,000 pounds or more.
(5) This bill would also make various technical, nonsubstantive
changes to these provisions.
(6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12551 of the Health and Safety Code is amended
to read:
12551. (a) The State Fire Marshal shall
appoint such deputies and employees as may be
required to carry out the provisions of this part.
(b) The State Fire Marshal may appoint arson bomb investigators
and employees as may be required to carry out the provisions of this
part.
SEC. 2. Section 12552 of the Health and Safety Code is amended to
read:
12552. The State Fire Marshal shall adopt such
regulations relating to fireworks as may be necessary for the
protection of life and property not inconsistent with the provisions
of this part. Such These regulations
shall include, but not be limited to, provisions for the following:
(a) Granting of licenses and permits for the manufacture,
wholesale, import, export, and sale of all classes of fireworks.
(b) Classification of fireworks and pyrotechnic devices.
(c) Registration of employees of licensees.
(d) Licenses and permits required for presentation of public
displays.
(e) Granting of licenses and permits for research or
experimentation with experimental or model rockets and missiles.
(f) Investigation, examination, and licensing of pyrotechnic
operators of all classes.
(g) Registration of emergency signaling devices and the
classification and use of exempt fireworks.
(h) Transportation of all classifications of fireworks, model
rockets, emergency signaling devices, and exempt fireworks.
(i) Fees for every dollar of safe and sane fireworks sold in this
state as described in Section 12727.
SEC. 3. Section 12678 of the Health and Safety Code is amended to
read:
12678. (a) It is unlawful for any
a person to possess, use ,
or discharge agricultural and wildlife fireworks without first
securing a permit as provided in this part.
(b) It is unlawful for a person to possess with the intent to use,
or to use, agricultural and wildlife fireworks contrary to the
fireworks intended use.
SEC. 4. Section 12683 of the Health and Safety Code is amended to
read:
12683. It is unlawful for any a
person to possess, sell, use, or discharge any
an emergency signaling device not registered by
the State Fire Marshal.
SEC. 5. Section 12700 of the Health and Safety Code is amended to
read:
12700. (a) Except as provided in Section
12702 , any and subdivision (b), a
person who violates any provision of this part, or any regulations
issued pursuant to this part, is guilty of a misdemeanor, and upon
conviction shall be punished by a fine of not less than five hundred
dollars ($500) nor or more than one
thousand dollars ($1,000), or by imprisonment in the county jail for
not exceeding one year, or by both such that
fine and imprisonment.
(b) A person who violates any provision of this part, or any
regulations issued pursuant to this part, by possessing dangerous
fireworks shall be subject to the following:
(1) A person who possesses a gross weight, including packaging, of
less than 25 pounds of unaltered dangerous fireworks, as defined in
Section 12505, is guilty of a public offense, and upon conviction
shall be punished by a fine of not less than five hundred dollars
($500) or more than one thousand dollars ($1,000), or by imprisonment
in the county jail for not exceeding one year, or both that fine and
imprisonment.
(2) A person who possesses a gross weight, including packaging, of
not less than 25 pounds or more than 1,000 pounds of unaltered
dangerous fireworks, as defined in Section 12505, is guilty of a
public offense, and upon conviction shall be punished by a fine of
not less than one thousand dollars ($1,000) or more than five
thousand dollars ($5,000), or by imprisonment in the county jail for
not exceeding one year, or both that fine and imprisonment.
(3) A person who possesses a gross weight, including packaging, of
not less than 1,000 pounds or more than 10,000 pounds of unaltered
dangerous fireworks, as defined in Section 12505, is guilty of a
public offense, and upon conviction shall be punished by a fine of
not less than five thousand dollars ($5,000) or more than ten
thousand dollars ($10,000), and by imprisonment in the county jail
for not exceeding one year.
(4) A person who possesses a gross weight, including packaging, of
more than 10,000 pounds of unaltered dangerous fireworks, as defined
in Section 12505, is guilty of a public offense, and upon conviction
shall be punished by a fine of not less than ten thousand dollars
($10,000) or more than fifty thousand dollars ($50,000), and by
imprisonment in the county jail for not exceeding one year.
(c) Subdivision (b) shall not apply to a person who holds and is
operating within the scope of a valid license as described in Section
12516 or valid permit as described in Section 12522.
SEC. 6. Section 12702 of the Health and Safety Code is amended to
read:
12702. Notwithstanding the provisions of Section 12700:
(a) Any A person who violates this
part by selling, giving, or delivering any dangerous fireworks to any
person under 18 years of age is guilty of a misdemeanor and upon a
first conviction shall be punished as prescribed in Section 12700.
(b) Upon any a second or subsequent
conviction of the offense, the person shall be punished by the
penalties of a fine of not less than five hundred dollars
($500) nor more than one thousand dollars ($1,000) the
applicable fine described in subdivision (b) of Section 12700, an
additional fine of five thousand dollars ($5,000), and by
imprisonment in the county jail for one year. The person shall not be
granted probation and the execution of the sentence imposed upon the
person shall not be suspended by the court.
(c) Any person who violates this part involving any dangerous
fireworks item, as defined in Section 12505, or any combination of
any dangerous fireworks items, having the total net weight of
explosive material of 7,500 grains or more, is guilty of a public
offense, and upon conviction thereof shall be punished by
imprisonment in the state prison, or in the county jail for not more
than one year, or by a fine of not more than five thousand dollars
($5,000), or by both the fine and imprisonment.
SEC. 7. Section 12703 is added to the Health and Safety Code, to
read:
12703. (a) The State Fire Marshal shall, in conjunction with the
Department of Motor Vehicles, develop regulations and procedures to
temporarily suspend the commercial motor vehicle license of a person
who is operating a commercial motor vehicle while transporting
unaltered dangerous fireworks, as defined in Section 12505, having a
gross weight, including packaging, of 10,000 pounds or more.
(b) A driver of a commercial motor vehicle shall not operate a
commercial motor vehicle for three years if the driver is convicted
of transporting unaltered dangerous fireworks, as defined in Section
12505, having a gross weight, including packaging, of 10,000 pounds
or more, as described in Section 15301 of the Vehicle Code.
(c) This section shall not apply to a person who holds and is
operating within the scope of a valid license as described in Section
12516 or valid permit as described in Section 12522.
SEC. 8. Section 12704 is added to the Health and Safety Code, to
read:
12704. Notwithstanding Section 1463 of the Penal Code, all fines
and forfeitures imposed by or collected in any court of this state,
as a result of citations issued by the State Fire Marshal or salaried
deputy state fire marshals employed by the State of California, for
any violation of subdivision (b) of Section 12700 or of any
regulation adopted pursuant to subdivision (b) of Section 12700,
shall be deposited, as soon as practicable after the receipt of the
fine or forfeiture, with the county treasurer of the county in which
the court is situated. Amounts deposited pursuant to this section
shall be paid at least once a month as follows:
(a) Seventy-five percent to the Treasurer, by warrant of the
county auditor drawn upon the requisition of the clerk or judge of
the court, for deposit in the State Fire Marshal Fireworks
Enforcement and Disposal Fund, as described in Section 12728, on
order of the Controller. At the time of the transmittal, the county
auditor shall forward to the Controller, on the form or forms
prescribed by the Controller, a record of the imposition, collection,
and payments of the fines or forfeitures.
(b) Twenty-five percent to the local fire protection agency in the
county in which the offense was committed to reimburse the local
fire protection agency for administrative expenses.
SEC. 9. Section 12705 is added to the Health and Safety Code, to
read:
12705. (a) If a person charged with a violation of this part is
released pursuant to Section 853.6 of the Penal Code or otherwise
released, and the magistrate fixes an amount of bail that in his or
her judgment, in accordance with Section 1275 of the Penal Code, is
reasonable and sufficient for the appearance of the defendant, the
amount of that bail equals or exceeds the minimum fine described in
Section 12700, and the defendant pays the amount of that bail, the
magistrate may use the procedure described in subdivision (b).
(b) At the time the case is called for arraignment before the
magistrate, if the defendant does not appear, either in person or by
counsel, the magistrate may declare the bail forfeited, and may, in
his or her discretion, order that no further proceedings shall be had
in the case.
(c) Upon the making of the order that no further proceedings be
had, all sums deposited as bail shall immediately be paid into the
county treasury for distribution pursuant to Section 12704.
SEC. 10. Section 12726 of the Health and Safety Code is amended to
read:
12726. (a) The dangerous fireworks seized
pursuant to this part shall be disposed of by the State Fire Marshal
in the manner prescribed by the State Fire Marshal at any time after
the final determination of proceedings under Section 12724, or upon
final termination of proceedings under Section 12593, whichever is
later. If no proceedings are commenced pursuant to Section 12724, the
State Fire Marshal may dispose of the fireworks after all of the
following requirements are satisfied:
(a)
(1) A random sampling of the dangerous
fireworks has been taken, as defined by regulations adopted by the
State Fire Marshal pursuant to Section 12552.
(b)
(2) The analysis of the random sampling has
been completed.
(c)
(3) Photographs have been taken of the
dangerous fireworks to be destroyed.
(d)
(4) The State Fire Marshal has given written
approval for the destruction of the dangerous fireworks. This
approval shall specify the total weight of the dangerous fireworks
seized, the total weight of the dangerous fireworks to be destroyed,
and the total weight of the dangerous fireworks not to be destroyed.
(b) To carry out the purposes of this section, the State Fire
Marshal shall acquire and use statewide mobile dangerous fireworks
destruction units to collect and destroy seized dangerous fireworks
from local and state agencies.
SEC. 11. Section 12727 is added to the Health and Safety Code, to
read:
12727. (a) The State Fire Marshal shall establish regulations to
assess a fee, not to exceed three cents ($0.03) per dollar, for every
dollar of safe and sane fireworks sold in this state to be deposited
in the State Fire Marshal Fireworks Enforcement and Disposal Fund
described in Section 12728.
(b) In determining the appropriate amount of the fees described in
subdivision (a), the State Fire Marshal shall consult with the
fireworks industry.
SEC. 12. Section 12728 is added to the Health and Safety Code, to
read:
12728. (a) The State Fire Marshal Fireworks Enforcement and
Disposal Fund is hereby established in the State Treasury.
(b) All of the moneys collected pursuant to Section 12704 shall be
deposited in the fund and shall be available, upon appropriation by
the Legislature, to the State Fire Marshal for the exclusive use in
statewide programs for the enforcement, prosecution related to,
disposal, and management of seized dangerous fireworks, and for the
education of local fire departments and fire protection agencies in
the proper handling and management of dangerous fireworks.
(c) All of the moneys collected pursuant to Section 12727 shall be
deposited in the fund and is hereby appropriated, without regard to
fiscal years, to the State Fire Marshal to regulate the fireworks
industry.
SEC. 13. Section 15301 is added to the Vehicle Code, to read:
15301. The Department of Motor Vehicles, in conjunction with the
State Fire Marshal, shall develop regulations and procedures to
temporarily suspend the commercial motor vehicle license of a person
who is operating a commercial motor vehicle while transporting
dangerous fireworks having a gross weight of 10,000 pounds or more. A
driver of a commercial motor vehicle shall not operate a commercial
motor vehicle for three years if the driver is convicted of
transporting dangerous fireworks having a gross weight of 10,000
pounds or more.
SEC. 14. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.