BILL ANALYSIS
SB 839
Page 1
Date of Hearing: August 22, 2007
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mark Leno, Chair
SB 839 (Calderon) - As Amended: August 20, 2007
Policy Committee: Governmental
Organization Vote: 13 - 0
Transportation 13 - 0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill revises certain fines and penalties for the possession
and transportation of dangerous fireworks. Specifically, this
bill:
1)Creates the State Fire Marshal Fireworks Enforcement and
Disposal Fund and requires that 65 percent of penalties,
except for administrative fines from local jurisdictions, be
deposited into the fund.
2)Requires the State Fire Marshall (SFM) to identify and
evaluate ways in which to capture detailed data relating to
fires, damages, and injuries caused by fireworks. This
evaluation must be completed by July 1, 2008 and must include
a cost analysis.
3)Requires the SFM to consult with stakeholders in order to
develop model ordinance permits that local jurisdictions can
adopt to streamline their enforcement and administrative fine
procedures.
4)Requires the Department of Motor Vehicles (DMV), in
conjunction with the SFM, to develop regulations and
procedures for suspending the commercial licenses of people
who are operating commercial vehicles while transporting
dangerous fireworks with a gross weight of 10,000 pounds or
more.
FISCAL EFFECT
SB 839
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1)Estimated costs in excess of $1.2 million for the SFM to
develop an effective program of dangerous fireworks
enforcement.
2)These costs should largely be offset by fee and penalty
revenue that will be placed in the SFM Fireworks Enforcement
and Disposal Fund.
3)Costs of approximately $175,000 for the required evaluation.
COMMENTS
1)Rationale . According to the author, the SFM is authorized by
statute to enforce regulations concerning illegal fireworks
and to see to their disposal. However, the author contends
that the SFM does not have the staffing funding necessary to
dispose of fireworks in a manner that complies with federal
and state environmental protection laws.
The author states that 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. The author asserts that local agencies have told
the SFM that 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.
2)Related Legislation . AB 476 (De La Torre) 2007, would have
increased fines for violating state fireworks laws, including
selling, possessing, using, or transporting dangerous
fireworks to persons under 18 years of age. It would have also
authorized the impounding of vehicles transporting dangerous
fireworks. CDF did not have an approved position on the bill.
That bill was held in this committee.
AB 2310 (Torrico), 2006, provided local fire departments or
local agencies the authority to impose a fine on individuals
illegally in possession of fireworks. That bill failed passage
on the Senate floor.
SB 839
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AB 1295 (Bermudez) in 2005 would have established the
authority to impose a fine for the collection and disposal of
illegal fireworks. AB 1295 would also have expanded the dates
for legally selling safe and sane fireworks to include
December 26 through January 1 each year. That bill was held on
this committee's suspense file.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081