BILL ANALYSIS
SB 839
Page 1
SENATE THIRD READING
SB 839 (Calderon)
As Amended August 31, 2007
Majority vote
SENATE VOTE :24-10
GOVERNMENTAL ORGANIZATION 13-0 TRANSPORTATION 13-0
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|Ayes:|Torrico, Plescia, Charles |Ayes:|Nava, Duvall, Carter, |
| |Calderon, De Leon, Evans, | |DeSaulnier, Galgiani, |
| |Garcia, Levine, Mendoza, | |Garrick, Horton, Houston, |
| |Portantino, Price, Silva, | |Huff, Karnette, |
| |Soto, Tran | |Portantino, Ruskin, Soto |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 12-5
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|Ayes:|Leno, Caballero, Davis, | | |
| |DeSaulnier, | | |
| |Huffman, Karnette, | | |
| |Krekorian, Lieu, | | |
| |Ma, Nava, Solorio, De | | |
| |Leon | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Walters, Emmerson, La | | |
| |Malfa, | | |
| |Nakanishi, Sharon Runner | | |
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SUMMARY : Revises certain fines and penalties for the possession
and transportation of dangerous fireworks. Specifically, this
bill :
1)Provides that on or before July 1, 2008, the State Fire
Marshall (SFM) is to 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 are to include a cost
analysis related to capturing and reporting the data and shall
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meet or exceed the specificity, detail, and reliability of the
data captured under the former California Fire Incident
Reporting System (CFIRS). The SFM furnish a copy of these
evaluation methods to any interested person upon request.
2)Provides that the Office of the SFM is to 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 (limited to civil fines)
related to the possession of fireworks. The model ordinance
is to include provisions for reimbursing the Office of the SFM
for the costs associated with the disposal of seized
fireworks.
3)Provides a person who violates the law or any regulations, as
defined, is guilty of a misdemeanor, and upon conviction shall
be punished by a fine of not less than $500 or more than
$1,000, or by imprisonment in the county jail for not
exceeding one year, or by both that fine and imprisonment.
4)Provides a person who possesses a gross weight, including
packaging, of less than 25 pounds of unaltered dangerous
fireworks, as defined, is guilty of a misdemeanor, and upon
conviction shall be punished by a fine of not less than $500
or more than $1,000, or by imprisonment in the county jail for
not exceeding one year, or both that fine and imprisonment.
Upon a second or subsequent conviction, a person shall be
punished by a fine of not less than $1,000 or by imprisonment
in a county jail not exceeding one-year or by both that fine
and imprisonment.
5)Provides 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, and upon conviction shall be punished
imprisonment in the county jail for not more than one year, or
by a fine of not less than $1,000 or more than $5,000, or by
both that fine and imprisonment.
6)Provides 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, and upon conviction shall be punished
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imprisonment in the state prison or the county jail for not
more than one year, or by a fine of not less than $5,000 or
more than $10,000, or by both that fine and imprisonment.
7)Provides 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, and upon
conviction shall be punished imprisonment in the state prison
or the county jail for not more than one year, or by a fine of
not less than $10,000 or more than $50,000, or by both that
fine and imprisonment, as specified.
8)Provides 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 specified.
9)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 a county jail for up to one year
or by both that fine and imprisonment. The person shall not
be granted probation and the execution of the sentence imposed
upon the person shall not be suspended by the court, as
specified.
10)The SFM, in conjunction with the Department of Motor
Vehicles, is 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 unaltered and or dangerous fireworks, as defined,
and having a gross weight including packaging, of 10,000
pounds or more.
11)Provides that a driver of a commercial motor vehicle is not
to operate a commercial motor vehicle for three years if the
driver is convicted of transporting unaltered and or dangerous
fireworks, and having a gross weight, including packaging, of
10,000 pounds or more, as specified.
12)Requires the SFM, at least once a year and in consultation
with the Attorney General, to 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
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relevant federal prosecution.
13)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, except for
administrative fees imposed by local jurisdictions, are to 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 are to be paid at least once a month as follows:
a) 65% 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% 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.
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% of the collected moneys to the Controller
for deposit in the State Fire Marshal Fireworks Enforcement
and Disposal Fund, as specified.
3)Requires that 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. In determining the appropriate amount of the
fees, the SFM is to consult with the fireworks industry and
import and export, wholesale and retail fireworks licensees.
The total amount of fees is not to exceed the reasonable costs
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of statewide programs.
4)Establishes the State Fire Marshal Fireworks Enforcement and
Disposal Fund in the State Treasury.
5)Specifies that all of the monies collected for fines related
to specified violations of fireworks and all 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;
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) To assist the SFM 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; and,
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.
1)Provides that the SFM is to appoint deputies and employees as
may be required to carry out these provisions, subject to
approval in the annual Budget Act.
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
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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.
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
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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 : According to the Assembly Appropriations
Committee analysis, estimated costs in excess of $1.2 million
for the SFM to develop an effective program of dangerous
fireworks enforcement. These costs should largely be offset by
fee and penalty revenue that will be placed in the SFM Fireworks
Enforcement and Disposal Fund. Costs of approximately $175,000
for the required evaluation.
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
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
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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.
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.
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN: 0002867