BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 839|
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UNFINISHED BUSINESS
Bill No: SB 839
Author: Calderon (D)
Amended: 8/20/07
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 3-2, 4/24/07
AYES: Romero, Cedillo, Ridley-Thomas
NOES: Cogdill, Margett
SENATE APPROPRIATIONS COMMITTEE : 11-1, 5/29/07
AYES: Torlakson, Ashburn, Cedillo, Corbett, Florez, Kuehl,
Ridley-Thomas, Runner, Simitian, Wyland, Yee
NOES: Aanestad
NO VOTE RECORDED: Cox, Battin, Dutton, Oropeza, Steinberg
SENATE FLOOR : 24-10, 6/6/07
AYES: Alquist, Battin, Calderon, Cedillo, Corbett, Cox,
Ducheny, Dutton, Florez, Kehoe, Kuehl, Lowenthal,
Maldonado, Migden, Padilla, Ridley-Thomas, Romero,
Runner, Scott, Simitian, Steinberg, Torlakson, Vincent,
Yee
NOES: Aanestad, Ackerman, Cogdill, Correa, Denham, Harman,
Hollingsworth, Machado, McClintock, Wyland
NO VOTE RECORDED: Ashburn, Margett, Negrete McLeod,
Oropeza, Perata, Wiggins
ASSEMBLY FLOOR : 65-10, 9/7/07 - See last page for vote
SUBJECT : Fireworks
SOURCE : Department of Forestry and Fire Protection
CONTINUED
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DIGEST : This bill 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.
Assembly Amendments (1) specify that the fines and
procedures put forth in this bill apply to 25 pounds or
less of "dangerous fireworks," (2) add procedures requiring
reimbursement to the Office of the State Fire Marshal, as
well as additional requirements of the State Fire Marshal,
and (3) remove state prison as an optional penalty.
ANALYSIS : Existing law states that the State Fire
Marshal (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. 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 which is sufficient to cover the cost of
transporting, storing and handling the seized fireworks.
When the SFM, other enforcing officer or agency described
in this section, 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.
Existing law provides that the SFM shall appoint deputies
and employees as may be required to carry out the
provisions of this bill.
This bill provides that the above provisions are subject to
approval in the annual Budget Act.
This bill provides that on or before July 1, 2008, the SFM
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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. This
bill requires the SFM to furnish a copy of the evaluation
methods to any interested party upon request.
This bill 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 25 pounds or less of dangerous fireworks.
These procedures shall be limited to civil fines and as
authorized pursuant to Section 53069.4 of the Government
Code. The model ordinance shall include provisions for
reimbursing the Office of the SFM for the costs associated
with the disposal of seized fireworks and to recover those
costs, as part of an administrative fine, from any person
who violates that ordinance, as specified. The bill
requires a local ordinance in effect on or after January 1,
2008, that is not the model ordinance to comply with the
provisions of this bill.
Existing law 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. (Health and Safety Code 12700.)
This bill provides, except as to a person who holds and is
operating within the scope of a valid license, as
specified:
1.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.
2.Upon a second or subsequent conviction, a person shall be
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punished by a fine of not less than $1,000 or by
imprisonment in the county jail not exceeding one year or
both.
Existing law 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. (Health and Safety Code 12702(c).)
This bill provides, except as to a person who holds and is
operating within the scope of a valid license, as
specified:
1.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.
2.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.
3.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.
Existing law provides that:
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1.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. (Health and Safety Code 12702(a).)
2.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. (Health and Safety Code 12702(b).)
This bill provides:
1.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.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.
This bill requires that, except for a person who holds and
is operating within the scope of a valid license, as
specified:
1.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
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10,000 pounds or more.
2.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.
This bill 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.
This bill 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:
1.65 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.
2.35 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.
This bill 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.
This bill provides that if dangerous fireworks are seized
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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.
This bill 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 d
export, wholesale and retail fireworks licensees. The
total amount of fees shall not exceed the reasonable costs
of statewide programs.
This bill 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.
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:
1.To further assist in statewide programs for the
enforcement, prosecution related to, disposal, and
management of seized dangerous fireworks.
2.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.
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3.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.
4.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.
Prior Legislation
AB 2310 (Torrico) - 2005-06 Session . Failed on the Senate
Floor with a vote of 13-21.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2007-08 2008-09
2009-10 Fund
SFM dangerous fire- $580 $1,160
$1,160 Special*
works enforcement
Fees and penalty Estimated $1,150 annually
Special*
revenue
*State Fire Marshal Fireworks Enforcement and Disposal Fund
SUPPORT : (Verified 9/7/07)
Department of Forestry and Fire Protection (source)
California Fire Chiefs Association
California League of Cities
California State Firefighters Association
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Department of Finance
Department of Forestry and Fire Protection
American Promotional Events
Sheriff, Los Angeles County
American Federation of State, County and Municipal
Employees, AFL-CIO
City of Whittier
ARGUMENTS IN SUPPORT : The Los Angeles County Sheriff's
Department writes that they are "?proud to support your
Senate Bill 839?..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.
"This bill would create a scale for possession based on
pounds. Any possession of dangerous fireworks under
twenty-five pounds is a misdemeanor and can be punishable
by fine or jail time or both. When possession is over
twenty-five pounds, but less than one hundred pounds, the
punishment becomes a 'wobbler.' As the amount of
possession of dangerous fireworks increases, as does the
fines and possibility of more jail or prison times.
"Last year in the City of Lakewood there was a massive
explosion set off by dangerous fireworks at a home which
raised the house off its foundation and shook homes two
miles away. Just from last year, there were numerous
examples of children who were severely injured while
playing with illegal fireworks. More that (sic) half the
fireworks related injuries are to victims under the age of
fifteen years old."
ASSEMBLY FLOOR :
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AYES: Aghazarian, Arambula, Bass, Beall, Berg, Blakeslee,
Brownley, Caballero, Carter, Cook, Coto, Davis, De La
Torre, De Leon, DeSaulnier, Duvall, Dymally, Emmerson,
Eng, Evans, Feuer, Fuentes, Fuller, Galgiani, Garcia,
Garrick, Hancock, Hayashi, Hernandez, Horton, Houston,
Huff, Huffman, Jones, Karnette, Keene, Krekorian, Laird,
Leno, Levine, Lieber, Lieu, Ma, Mendoza, Mullin, Nava,
Niello, Parra, Plescia, Portantino, Price, Sharon Runner,
Ruskin, Salas, Saldana, Silva, Solorio, Soto, Spitzer,
Swanson, Torrico, Tran, Villines, Wolk, Nunez
NOES: Adams, Anderson, Benoit, Berryhill, DeVore, Gaines,
La Malfa, Nakanishi, Smyth, Walters
NO VOTE RECORDED: Charles Calderon, Jeffries, Maze,
Strickland, Vacancy
RJG:cm 9/8/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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