BILL NUMBER: AB 1371 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member V. Manuel Pérez
FEBRUARY 18, 2011
An act to amend Section 127620 of the Health and Safety
Code, relating to public health. An act to add and
repeal Sections 12599.5 and 12635.5 of the Health and Safety Code,
relating to fireworks, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1371, as amended, V. Manuel Pérez. Rural health care
reform. Fireworks.
(1) Existing law authorizes the retail sale of safe and sane
fireworks from June 28 to July 6, annually, pursuant to a license
issued by the State Fire Marshal, unless otherwise prohibited or
regulated by law or ordinance.
This bill would authorize, until January 2, 2018, the sale of
certified safe and sane fireworks from 9 a.m. on December 26 to
midnight of January 1 of the following year pursuant to a license
issued by the State Fire Marshal, if authorized by a city, county, or
city and county ordinance or resolution that may also restrict the
hours of use of those fireworks. Since a violation of this provision
or other existing related provisions in connection with the sale of
those fireworks would be a misdemeanor, the bill would impose a
state-mandated local program by creating new crimes.
(2) Existing law requires the State Fire Marshal to establish and
collect the original and annual renewal fees for fireworks licenses
that are required by applicable laws, and to adopt regulations
relating to the granting of permits by public agencies with local
jurisdiction.
This bill would require, until January 1, 2018, the State Fire
Marshal to establish and collect an additional fee on permits for
dangerous fireworks issued to licensees in an amount necessary to
enforce applicable laws with respect to training and education
regarding dangerous fireworks. The fees would be deposited in the
State Fire Marshal Dangerous Fireworks Training and Education Fund,
which the bill would establish. Moneys in this fund would be
continuously appropriated without regard to fiscal years to the State
Fire Marshal for the purpose of training local fire and law
enforcement agencies. The bill would authorize a local fire
department, local fire protection agency, local law enforcement
agency, or any other public agency authorized by statute to enforce
the State Fire Marshal's regulations, to apply to the State Fire
Marshal for a grant to develop and implement an education and
training program for those purposes.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law requires the Office of Statewide Health Planning and
Development, in conjunction with the State Department of Health Care
Services, to act as the coordinating agency to develop a strategic
plan that would assist rural California to prepare for health care
reform, as specified.
This bill would make technical nonsubstantive changes to the law
relating to rural health care reform.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12599.5 is added to the
Health and Safety Code , to read:
12599.5. (a) Notwithstanding Sections 12599 and 12672, each year
from 2012 to 2017, inclusive, the State Fire Marshal shall issue
separate one-time retail licenses pursuant to this section that shall
authorize the retail sale of safe and sane fireworks within this
state only from 9 a.m. on December 26, of a year within 2012 to 2017,
inclusive, to midnight of January 1 of the following year,
inclusive. A license issued pursuant to this section shall be valid
for only one seven-day period and shall expire at the end of the
period for which it is valid. All fireworks sold pursuant to a
license issued pursuant to this section shall have been certified as
safe and sane by the State Fire Marshal as of June of the year in
which the validity of the license commences. No other license issued
pursuant to this chapter shall authorize the sale of fireworks during
that period.
(b) No retail license shall be issued for the license period
authorized by this section unless the city, county, or city and
county having jurisdiction over the fixed location where the
fireworks would be sold adopts an ordinance or resolution allowing
that sale, and the application for that license is received by the
State Fire Marshal on or before December 15 of the year in which the
validity of the license is to commence. The ordinance or resolution
authorizing the sale of those fireworks may limit the period of use
of those fireworks to specified days and hours within the period
during which the sale is authorized by this section.
(c) This section shall become inoperative on January 2, 2018, and,
as of January 1, 2019, is repealed, unless a later enacted statute,
that is enacted before January 1, 2019, deletes or extends the dates
on which it becomes inoperative and is repealed.
SEC. 2. Section 12635.5 is added to the
Health and Safety Code , to read:
12635.5. (a) The State Fire Marshal Dangerous Fireworks Training
and Education Fund is hereby established in the State Treasury.
Notwithstanding Section 13340 of the Government Code, this fund is
continuously appropriated without regard to fiscal years to the State
Fire Marshal for the purpose of training local fire and law
enforcement agencies regarding the identification, risks, dangers,
and proper disposal associated with dangerous fireworks seized
pursuant to this part.
(b) Pursuant to Section 12630, the State Fire Marshal shall
establish and collect an additional fee on permits for dangerous
fireworks issued pursuant to Section 12640 in an amount necessary to
enforce this part with respect to training and education regarding
dangerous fireworks. Notwithstanding Section 12635, these fees shall
be deposited in the State Fire Marshal Dangerous Fireworks Training
and Education Fund.
(c) A local fire department, a local fire protection agency, a
local law enforcement agency, or any other public agency authorized
by statute to enforce the State Fire Marshal's regulations may apply
to the State Fire Marshal for a grant for its costs in developing or
implementing an education and training program pursuant to this
section.
(d) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 127620 of the Health and
Safety Code is amended to read:
127620. (a) The Office of Statewide Health Planning and
Development, in conjunction with the State Department of Health Care
Services, shall act as the coordinating agency to develop a strategic
plan that would assist rural California to prepare for health care
reform. The plan shall assist in the coordination and integration of
all rural health care services on the birth to death continuum and
serve as an infrastructure for rural communities to establish
priorities and develop appropriate programs.
(b) The office shall designate representatives from provider
groups including rural hospitals, clinics, physicians, other rural
providers including psychologists, counties, beneficiaries, and other
entities directly affected by the plan. The office shall convene
meetings with the objectives of doing all of the following:
(1) Assessing the current status of health care in rural
communities.
(2) Assembling and reviewing data related to available programs
and resources for rural California.
(3) Assembling and reviewing data related to other states'
strategic plans for rural communities.
(4) Reviewing and integrating the office's rural work plan, as
appropriate.
(5) Making assumptions about the future of health care and
developing a strategic plan based on these assumptions.
(c) The rural health care strategic plan shall address all of the
following:
(1) The special needs of the elderly and of ethnic populations.
(2) Elimination of barriers in planning and coordinating health
services.
(3) The lack of primary and specialty providers.
(4) Access to emergency services.
(5) Assessing the role of new technologies, including, but not
limited to, telemedicine.