BILL NUMBER: AB 1378	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Portantino

                        FEBRUARY 18, 2011

   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 1378, as introduced, Portantino. Fireworks: sale: training.
   (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. December 26 through
January 1 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 authorizes the State Fire Marshal, 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 State Fire Marshal'
s regulations, to seize any fireworks described in specified
provisions and to charge any person, firm, or corporation, whose
fireworks are seized, an amount that is sufficient to cover the cost
of transporting, storing, and handling the seized fireworks. Existing
law requires the State Fire Marshal to dispose of seized dangerous
fireworks, as specified.
   Existing law also requires the State Fire Marshal to establish and
collect the original and annual renewal fees for fireworks licenses
that are required by applicable laws.
    This bill would require, until January 1, 2018, the State Fire
Marshal to establish and collect an additional fee on permits 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, as specified.
   (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.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: 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, until midnight of January 1 of the following year. 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 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 and whose
jurisdiction has adopted an ordinance or resolution pursuant to
subdivision (b) of Section 12599.5 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.