BILL ANALYSIS
SB 839
Page 1
Date of Hearing: June 27, 2007
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Alberto Torrico, Chairman
SB 839 (Calderon) - As Amended: June 4, 2007
SENATE VOTE : 24-10
SUBJECT : Fireworks
SUMMARY : Revises the penalties for possession and
transportation of dangerous fireworks, as specified. The bill
establishes a fund from the proceeds of all fines and fees
collected in relation to dangerous fireworks violations with
those funds earmarked for enforcement of dangerous fireworks
law. Specifically, this bill :
1)Provides that on or before July 1, 2008, the State Fire
Marshall (SFM) shall identify and evaluate methods to capture
more detailed data relating to fires, damages, and injuries
caused by both dangerous fireworks and safe and sane
fireworks. These evaluation methods shall include a cost
analysis related to capturing and reporting the data.
2)Provides that the Office of the SFM shall consult with public
safety agencies and other stakeholders as deemed necessary by
the SFM and develop a model ordinance that permits local
jurisdictions to adopt a streamlined enforcement and
administrative fine procedures related to the possession of
fireworks. These procedures shall be limited to civil fines,
as specified. The model ordinance shall include provisions
for reimbursing the SFM for the costs associated with the
disposal of seized fireworks.
3)Provides, except as to a person who holds and is operating
within the scope of a valid license, as specified:
a) A person who possesses a gross weight, including
packaging, of less than 25 pounds of unaltered dangerous
fireworks, as defined, is guilty of a public offense
punishable by a fine of not less than $500 or more than
$1,000, or by imprisonment in the county jail for up to one
year, or both.
b) Upon a second or subsequent conviction, a person shall
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be punished by a fine of not less than $1,000 or by
imprisonment in the county jail not exceeding one year or
both.
1)Provides, except as to a person who holds and is operating
within the scope of a valid license, as specified:
a) A person who possesses a gross weight, including
packaging, of not less than 25 pounds or more than 100
pounds of unaltered dangerous fireworks, as defined, is
guilty of a public offense, punishable by a fine of not
less than $1,000 or more than $5,000, and by imprisonment
in the county jail for up to one year.
b) A person who possesses a gross weight, including
packaging, of not less than 100 pounds or more than 5,000
pounds of unaltered dangerous fireworks, as defined, is
guilty of a public offense, punishable by a fine of not
less than $5,000 or more than $10,000, and by imprisonment
in the county jail for not exceeding one year, or by 16
months, two or three years in the state prison.
c) A person who possesses a gross weight, including
packaging, of more than 5,000 pounds of unaltered dangerous
fireworks, as defined, is guilty of a public offense,
punishable by a fine of not less than $10,000 or more than
$50,000, and by either imprisonment in the county jail for
not exceeding one year or by 16 months, two or three years
in the state prison.
1)Provides that a person who violates fireworks statutes, as
specified, 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, the penalty
would remain the same as in existing law, i.e., by a fine of
not less than $500 nor more than $1,000; by imprisonment in
the county jail for not exceeding one year; or both.
2)Provides that upon a second or subsequent conviction of the
offense, the person shall be punished by an additional fine of
$5,000, or by imprisonment in the county jail for up to
one year, or both. The person shall not be granted
probation and the execution of the sentence imposed upon the
person shall not be suspended by the court.
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3)Requires that, except for a person who holds and is operating
within the scope of a valid license, as specified:
a) The SFM 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,
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, having a gross weight, including packaging, of
10,000 pounds or more, as specified.
1)Requires that the SFM, at least once a year and in
consultation with the Attorney General, shall serve notice to
any individual or business known to supply fireworks that any
unauthorized shipments of fireworks into California will
result in an immediate report to federal authorities with a
request for any relevant federal prosecution.
2)Provides that fines and forfeitures imposed by or collected in
any court of this state, as a result of citations issued by a
public safety agency, for fireworks violations, as specified,
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) 65 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 defined, on order of the
Controller.
b) 35 percent to the local public safety agency in the
county in which the offense was committed to reimburse the
local public safety agency for expenses, including, but not
limited to, the costs for handling, processing,
photographing, and storing seized dangerous fireworks.
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1)Requires that, to carry out the disposal of dangerous
fireworks, the SFM shall acquire and use statewide mobile
dangerous fireworks destruction units to collect and destroy
seized dangerous fireworks from local and state agencies.
2)Provides that if dangerous fireworks are seized pursuant to a
local ordinance that provides for administrative
fines or penalties and these fines or penalties are collected,
the local government entity collecting the fines or penalties
shall forward 65 percent of the collected moneys to the
Controller for deposit in the State Fire Marshal Fireworks
Enforcement and Disposal Fund, as specified.
3)Requires that the SFM establish regulations, with the Office
of Administrative Law, to assess fees on all import and
export, wholesale and retail fireworks licensees in California
to be deposited in the State Fire Marshal Fireworks
Enforcement and Disposal Fund and that, in
determining the appropriate amount of the fees, the SFM shall
consult with the fireworks industry and import an export,
wholesale and retail fireworks licensees. The total amount of
fees shall not exceed the reasonable costs of statewide
programs.
4)Establishes the State Fire Marshal Fireworks Enforcement and
Disposal Fund in the State Treasury. All of the monies
collected for fines related to specified violations of
fireworks laws shall be deposited in the fund and shall be
available, upon appropriation by the Legislature, to the SFM
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 public
safety agencies in the proper handling and management of
dangerous fireworks.
5)Provides that all of the monies collected in relation to the
sale of safe and sane fireworks, as specified, shall be
deposited in the fund and awarded, upon appropriation by the
Legislature, to the SFM for the exclusive use in statewide
programs for all of the following:
a) To further assist in statewide programs for the
enforcement, prosecution related to, disposal, and
management of seized dangerous fireworks.
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b) The education of public safety agencies in the proper
handling and management of dangerous fireworks as well as
safety issues involving all fireworks and explosives.
c) Assist the State Fire Marshal in identifying and
evaluating methods to capture more detailed data relating
to fires, damages, and injuries caused by both dangerous
and safe and sane fireworks, and to assist with funding the
eventual development and implementation of those methods.
d) To further, assist in public safety and education
efforts within the general public as well as public safety
agencies on the proper and responsible use of safe and sane
fireworks.
EXISTING LAW :
1)Regulates the sale, possession, use, and transportation of
fireworks, including dangerous fireworks and safe and sane
fireworks, as defined.
2)Authorizes the retail sale of safe and sane fireworks from
June 28 to July 6 annually pursuant to a license issued by
SFM, unless otherwise prohibited or regulated by law or
ordinance.
3)States SFM, his or her salaried deputies, or any chief of a
fire department, or his or her authorized representatives, any
fire protection agency, or any other public agency authorized
by statute to enforce the SFM's regulations, may seize any
fireworks described in this part.
4)Provides the SFM, any chief of a fire department, any fire
protection agency, or any other public agency authorized to
enforce the SFM's regulation may charge any person, firm, or
corporation, whose fireworks are seized pursuant to this
section, an amount that is sufficient to cover the cost of
transporting, storing and handling the seized fireworks. When
the SFM, other enforcing officer or agency, as described, or a
court determines that a person's, firm's, or corporation's
fireworks are illegally or erroneously seized, or if legal
proceedings do not result in a conviction for violation of any
provision of this part, any funds collected pursuant to this
section shall be refunded, or if charged but unpaid, canceled.
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5)Provides that the SFM shall appoint deputies and employees as
may be required to carry out the provisions of this bill.
6)States any person who violates fireworks statutes, as
specified, or any regulations issued pursuant to existing law,
is guilty of a misdemeanor, punishable by a fine of not less
than $500 nor more than $1,000; by imprisonment in the county
jail for not exceeding one year; or both.
7)States any person who violates existing law involving any
dangerous fireworks item, as defined, 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; by a fine of not more than $5,000; or
by both the fine and imprisonment.
8)Any person who violates fireworks statutes, as specified, 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 by a fine of not
less than $500 nor more than $1,000; by imprisonment in the
county jail for not exceeding one year, or both.
9)Provides that upon any second or subsequent conviction of the
offense, the person shall be punished by the penalties of a
fine of not less than $500 nor more than $1,000 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.
FISCAL EFFECT : Unknown.
COMMENTS :
Purpose of the bill : According to the author, SFM is
authorized by statute to enforce regulations concerning illegal
fireworks and to see to their disposal. However, the SFM does
not have the staffing nor funding necessary to dispose of
fireworks in a manner that complies with federal and state
environmental protection laws.
Large numbers of fireworks are seized by fire department and law
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enforcement agencies without any criminal action being pursued.
The authority for cost recovery by a local agency is provided in
statute but very few agencies have pursued this option. Current
law regarding the illegal importation, sale, and use of illegal
fireworks is confusing to public safety (police and fire)
officials as well as the judicial system. Public safety
agencies are often unsure of the charges that should be filed
against people who commit these crimes. Local agencies have
told the SFM it is difficult to receive cooperation for
prosecution by the city or district attorneys because the law is
unclear and in most instances, the crime is considered a
misdemeanor, making cost recovery more difficult.
Based on information obtained from law enforcement gang units,
some organized gangs have reverted to the sale of illegal
fireworks to obtain money prior to July 4th. Revenue obtained
by these illegal sales is reported to be from eight to ten times
the purchase costs.
Often fireworks that are illegal in California are legal in
surrounding states therefore most of the large
quantities of fireworks imported illegally into California are
from these states. In order to reduce the flow of illegal
fireworks into California it is necessary to develop regulations
to suspend a commercial motor vehicle license of a person who is
transporting dangerous fireworks having a gross weight of 10,000
pounds or more and if convicted, the license shall be revoked
for a period of three years.
This bill will reduce state costs associated with the seizure,
storage and destruction of illegal fireworks by:
a) Increasing penalties and fines associated with the
possession, use, sale, and transportation of illegal,
dangerous fireworks; and
b) Establishes a fund (the State Fire Marshal Fireworks
Enforcement and Disposal Fund) where the proceeds of all
fines and fees collected in relation to dangerous fireworks
violations with those funds earmarked for enforcement of
dangerous fireworks law.
c) Establishing a long-term solution to the seized
fireworks problem by creating a fair enforcement and
management program as is required by the United States
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Environmental Protection Agency (U.S. EPA), in order to
eliminate a possible $700,000 debt to the federal
government.
The author states, strengthening the penalties would help reduce
the flow of illegal fireworks into the state, reduce the amount
of these dangerous fireworks being seized and stored by local
public safety agencies, and reduce the ever increasing threat to
public health and the environment from the storage of these
fireworks.
In support : The Los Angeles County Sheriff's Department states
this bill would redefine possession of dangerous fireworks in
terms of pounds rather than grains and would provide for
specific criminal possession standards for the dangerous
fireworks. This bill would also create an enforcement and
disposal fund.
"Currently, fireworks are referred to in terms of 'grains'
rather than 'pounds.' To determine the 'grain' amount of a
firework, a professional must dismantle the firework and analyze
only the 'grain' or explosive powder. Obviously, this method
can be dangerous, tedious, and time consuming. Changing the
standard to pounds, which includes packaging, is clearly the
more intelligent option.
Double Referral : This bill is double referred to the Assembly
Transportation Committee.
Prior legislation :
AB 2310 (Torrico) of 2006. Reduces the penalty for personal use
of prohibited fireworks, as defined, from a misdemeanor to an
infraction, subject to a citation and a $200 civil
penalty, a portion of that penalty to be transferred to the SFM
for disposal of fireworks and a portion to remain with the local
fire protection agency for administrative costs. (Failed on the
Senate Floor)
AB 1295 (Bermudez) of 2005. Would authorize the sale of
fireworks from December 26 through January 1 each year and
establishes the SFM Dangerous Fireworks Management Fund. (Died
in the Assembly)
AB 923 (Chavez) of 2005. Would have authorized the sale of
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fireworks from December 26 to January 1 and creates the SFM
Dangerous Fireworks Management Fund for the deposit of
surcharges assessed on the sale of fireworks to pay for the
disposal costs of seized fireworks. (Died in the Assembly)
Related Legislation :
AB 476 (De La Torre) 2007/08 Session. Increases the fines for
violating state fireworks laws
from $1,000 to not less than $2,000 and not more than $5,000,
and authorizes the impounding of vehicles used to transport
"dangerous fireworks" by SFM. (Held in Assembly Appropriations)
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
(AFSCME), AFL-CIO
American Promotional Events, Inc.
City of Whittier
Fresno Fire Department
Los Angeles County Sheriff's Department
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531