BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Tom Torlakson, Chairman
839 (Calderon)
Hearing Date: 5/29/07 Amended: 5/10/07
Consultant: Bob Franzoia Policy Vote: Public Safety 3-2
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BILL SUMMARY: SB 839, relating to fireworks, would do the
following:
- Permit the State Fire Marshall (SFM) to appoint arson bomb
investigators and employees as necessary to carry out the
provisions of this bill.
- Require the SFM, by 7/2008 to identify and evaluate methods
and costs to capture data relating to fires, damages, and
injuries caused by fireworks.
- Require the SFM to develop a model ordinance to permit local
jurisdictions to adopt enforcement and administrative fine
procedures related to the possession of fireworks.
- Make it unlawful for a person to possess a specified amount of
dangerous fireworks and, upon conviction, is guilty of an
offense punishable by a fine or by imprisonment.
- Require the SFM, in conjunction with the Department of Motor
Vehicles (DMV) to develop regulations and procedures to
temporarily suspend the commercial license of a person
transporting dangerous fireworks under specified circumstances.
- Require the SFM, at least once a year and in consultation with
the Department of Justice, serve notice to persons known to
supply fireworks that any unauthorized shipments of fireworks
into the state will result in a report to federal authorities
and a request for relevant prosecution.
-Create the State Fire Marshall Fireworks Enforcement and
Disposal Fund (SFMFEDF) and specify percentages of fines and
forfeitures deposited in the fund and with the public safety
agency in the county where the offense was committed. All
revenues would be available upon appropriation by the
Legislature.
- Require the SFM to establish regulations to assess fees on all
import and export, wholesale, and retail fireworks licensees to
be deposited in the SFMFEDF. All revenues would be continuously
appropriated to the SFM for specified purposes.
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Fiscal Impact (in thousands)
Major Provisions 2007-08 2008-09 2009-10 Fund
SFM dangerous fireworks$580 $1,160 $1,160 Special*
enforcement
Fee and penalty revenue Estimated $1,150 annually
Special*
* State Fire Marshall Fireworks Enforcement and Disposal Fund
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STAFF COMMENTS: If the SFM needs additional positions to carry
out the provisions of this bill, the number of positions should
be authorized as part of the annual Budget Act. Staff
recommends Health and Safety Code 12551 (page 2, lines 1-6), be
amended as follows:
12551 (a) The State Fire Marshall shall appoint deputies and
employees as may be required to carry out the provisions of this
part pursuant to approval in the annual Budget Act.
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Page 2
SB 839 (Calderon)
(b) The State Fire Marshall may appoint arson bomb investigators
an employees as may be required to carry out the provisions of
this part.
Of the fines and forfeitures, 65 percent shall be deposited with
the state in the SFMFEDF and 35 percent shall be deposited with
the relevant county for expenses, including, but not limited to,
the costs for handling, processing, photographing, and storing
seized dangerous fireworks.
Staff recommends the bill be amended to delete the continuous
appropriation of revenues collected pursuant to Health and
Safety Code 12727.
The SFM would be required to acquire and use statewide mobile
dangerous fireworks destruction units to collect and destroy
seized dangerous fireworks for state and local agencies. This
requirement is likely not a new workload as a recent enforcement
action by the California Environmental Protection Agency
requires a private entity to construct four environmentally safe
fireworks disposal units and provide the units to the SFM for
operation.
The dangerous fireworks education, enforcement and disposal
program set forth in the bill is intended to be revenue neutral.
While costs can be determined with more certainty, revenues
from citations and penalties obviously, are more speculative.
For this program, revenue from fines and penalties is estimated
to range between $275,000 and $500,000 annually and revenue from
fees is estimated to range between $500,000 and $700,000. An
increase in revenue from penalties could prompt a reduction in
fees. The revenue accruing to the SFMFEDF should enable the
Department of Forestry and Fire Protection to stop or reduce a
redirection of General Funds which has been supporting dangerous
fireworks enforcement and disposal costs.