BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1773|
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CONSENT
Bill No: AB 1773
Author: Mendoza (D)
Amended: As introduced
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 9-0, 6/22/10
AYES: Wright, Harman, Calderon, Denham, Florez, Negrete
McLeod, Padilla, Price, Yee
NO VOTE RECORDED: Oropeza, Wyland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 4/29/10 - See last page for vote
SUBJECT : State Fire Marshal: inspections and licensing
SOURCE : Author
DIGEST : This bill authorizes the State Fire Marshal to
issue civil penalties wholly or partially in lieu of
suspending the license of an individual or business that
violates fireworks and portable fire extinguisher and
automatic extinguisher laws.
ANALYSIS : Existing law provides for the licensing by the
State Fire Marshall (SFM) of persons to engage in various
activities relating to the sale or use of fireworks, and
the servicing of portable fire extinguishers and automatic
extinguisher systems.
CONTINUED
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This bill:
1. Enables the SFM to issue civil penalties for fireworks
and portable fire extinguisher and automatic
extinguisher violations wholly or partially in lieu of
taking a licensing action.
2. Makes it explicit that the provisions of this bill shall
not authorize the SFM to permit a licensee to pay a
monetary penalty in lieu of suspension for any violation
that posed, or had the potential to pose, a significant
threat or risk of harm to the public.
3. Requires the SFM, in deciding whether to accept an offer
of payment of a monetary penalty in lieu of suspension,
to consider the seriousness of the violation, the
violator's record of compliance with the law, the impact
on the licensee, the licensee's employees, or customers,
and other factors deemed relevant.
4. Provides that if a licensee fails to pay the monetary
penalty in accordance with the terms and conditions set
by the SFM or his/her designee, the SFM may, without a
hearing, immediately suspend that individual's license.
5. Places a cap on the amount of the monetary penalty
payable under the provisions of this bill at $250 for
each day of suspension stayed or a $10,000 per decision
regardless of the number of days of suspension stayed
under the decision.
6. Stipulates that any monetary penalties received pursuant
to this bill shall be deposited in the SFM Licensing and
Certification Fund.
7. Requires the SFM to make available to the public, on or
before March 1 of each year, data showing the percentage
of enforcement actions taken pursuant to the provisions
of this bill that resulted in license suspension or the
assessment of monetary penalties.
Comments
Prior to January 1, 2008, the SFM was authorized to levy a
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monetary penalty in lieu of administrative license
suspensions, AB 2401 (Harman), Chapter 424, Statutes of
2004. However, due to a sunset provision contained in AB
2401 of 2004, the SFM is not authorized to use monetary
fines as an enforcement tool. This bill essentially
reinstates those provisions thus enabling the SFM to levy
monetary penalties in lieu of suspension relative to the
Fireworks program, the Portable Fire Extinguisher program
and the Automatic Extinguishing System program. The
author's office states that during the period of time these
sections were in statute they were effective and served
both the industry and the SFM in a positive manner.
The author's office points out that due to the sunset of AB
2401 of 2004, the SFM is faced with the dilemma of either
suspending a license/certification at a significant cost to
both the business and the state, or opting to take no
action and potentially allow infractions to continue. The
author's office emphasizes that this bill gives the SFM the
authority to levy monetary penalties without unnecessarily
suspending a license or certificate in cases of minor
infractions.
Prior/Related Legislation
AB 2401 (Harman) Chapter 424, Statutes of 2004, authorizes
the SFM, until January 1, 2008, to impose a specified
monetary penalty in lieu of suspending the license or
certificate of individuals or businesses that violated
laws.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/2/10)
Arrow Fire Protection
California Association of Life Safety and Fire Equipment
California Department of Forestry and Fire Protection
FireMaster
Jorgensen Company
Office of Los Angeles Mayor Antonio R. Villaraigosa
Orange County Fire Protection
Solon Fire Control
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ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Bradford, Brownley, Buchanan, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Knight, Lieu, Logue, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, Norby, V. Manuel Perez, Portantino, Ruskin,
Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Tran, Villines,
Yamada, John A. Perez
NO VOTE RECORDED: Bass, Caballero, Jones, Bonnie
Lowenthal, Torrico, Vacancy
TSM:do 8/2/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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