BILL NUMBER: SB 1468 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 1, 2012
AMENDED IN SENATE APRIL 18, 2012
INTRODUCED BY Senator Calderon
FEBRUARY 24, 2012
An act to add and repeal Sections 12599.4, 12599.5, and 12635.5 of
the Health and Safety Code, relating to fireworks, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1468, as amended, Calderon. Fireworks.
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 the State Fire Marshal, until January
15, 2018 2016 , to issue annual
one-time wholesaler licenses for the purpose of authorizing the sale
of safe and sane fireworks by a wholesaler to an entity holding a
retail license for the period surrounding New Year's Eve, subject to
certain conditions. The bill would require the State Fire Marshal to
annually establish the wholesaler license fee. The bill would require
wholesaler license fees collected by the State Fire Marshal to be
deposited in the Fireworks Special Data Collection Fund, which the
bill would create as a continuously appropriated special fund in the
State Treasury. Moneys in the fund would be available for actual
reasonable costs incurred by the State Fire Marshal and local,
participating jurisdictions to develop, implement, analyze, and
report the enhanced fireworks special data collection program and for
administrative expenses. By creating a new continuously appropriated
special fund, the bill would make an appropriation.
This bill would further authorize, until January 2, 2018
2016 , the sale of certified safe and sane
fireworks from 9 a.m. on December 26 of 2014 and 2015 to
midnight of January 1 of the following year pursuant to a license
issued by the State Fire Marshal, if authorized by a charter city,
city, county, fire district, 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.
The bill would also authorize, until January 2, 2018
2016 , a charter city, city, county, fire
district, or city and county that adopts an ordinance or resolution
authorizing the sale of safe and sane fireworks to require each
applicant receiving a permit to pay a fee to the charter city, city,
county, fire district, or city and county of a pro rata portion of
the costs incurred by the charter city, city, county, fire district,
or city and county for, among other things, processing and issuing
fireworks permits, inspection of fireworks stands, public awareness
and education campaigns regarding the safe and responsible use of
safe and sane fireworks, and related fire operation and suppression
efforts, as specified. The bill would specify that the pro rata
portion of those costs shall be based on a percentage of the
permittee's sales and use tax return for the applicable permit
period, not to exceed 7% of the gross sales of the fireworks sold in
the charter city, city, county, fire district, or city and county.
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.
This bill would include a change in state statute that would
result in a taxpayer paying a higher tax within the meaning of
Section 3 of Article XIII A of the California Constitution, and thus
would require for passage the approval of 2/3 of the membership of
each house of the Legislature.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all of the
following:
(a) Existing law, Section 13110.5 of the Health and Safety Code,
requires the State Fire Marshal to gather statistical information on
all fires, medical aid incidents, and hazardous materials incidents
occurring within this state, including, but not limited to, those
related to all types of pyrotechnic devices such as illegal
fireworks, safe and sane fireworks, unknown fireworks, and public
display fireworks.
(b) Existing law further requires the chief fire official of each
fire department operated by the state, a city, city and county, fire
protection district, organized fire company, or other public or
private entity that provides fire protection, to furnish information
and data to the State Fire Marshal relating to each fire that occurs
within his or her area of jurisdiction.
(c) For purposes of the continued regulation of all pyrotechnic
devices in California and, more specifically, for purposes of
determining whether the Legislature should continue to allow, after
January 2, 2018 2016 , the sale and use
of safe and sane fireworks for the period immediately before each
New Year's Eve, it is hereby determined that an enhanced fireworks
data collection study, in a limited number of jurisdictions, is
needed to assist the Legislature in determining if it should extend
the rights and privileges conveyed by this act beyond January 2,
2018 2016 .
(d) It is further the intent of the Legislature that the annual
New Year's Eve license fee imposed on a wholesaler of safe and sane
fireworks shall not exceed the reasonable costs for the benefit
conferred in granting this privilege to a wholesaler.
SEC. 2. Section 12599.4 is added to the Health and Safety Code, to
read:
12599.4. (a) Notwithstanding any other law, the State Fire
Marshal shall issue separate one-time annual New Year's Eve
wholesaler licenses pursuant to this section for the purpose of
authorizing the sale of safe and sane fireworks by a wholesale
distributor to an entity already having an existing standard
wholesaler license for sale to an entity holding a retailer's
license, pursuant to Section 12599.5, for retail sale within this
state for the period beginning from 9 a.m. on December 26 of
a year within 2013 to 2017, inclusive 2014 and 2015
, to midnight of January 1 of the following year, inclusive.
(1) The wholesaler license fee shall be paid to the State Fire
Marshal on or before September 1 of each year.
(2) Only a wholesaler who has paid the annual New Year's Eve
wholesaler license fee and has been issued a license by the State
Fire Marshal for the privilege of selling or distributing safe and
sane fireworks may sell fireworks to an entity holding a retail
license for the sale of safe and sane fireworks for the period
beginning 9 a.m. on December 26 to midnight of January 1 of the
following year, inclusive.
(b) On or before August 1, 2013, and on or before
April 1 , of each year
thereafter 2014 and 2015 , the State Fire
Marshal shall, pursuant to his or her regulatory authority, and in
consultation with the State Fire Marshal's Fireworks Advisory
Committee, which consists of representatives from local fire and law
enforcement agencies and the fireworks industry, establish a New Year'
s Eve wholesaler license fee, in a sum that does not exceed the
amount reasonably necessary for the fireworks data collection
activities of the state that benefit the recipients of a wholesaler
license pursuant to this section.
(c) The New Year's Eve wholesaler license fees collected by the
State Fire Marshal pursuant to this section shall be deposited in the
Fireworks Special Data Collection Fund, which is hereby established
as a special fund in the State Treasury, separate and apart from all
other public money or funds of this state. All other moneys received
pursuant to this section shall be deposited in the fund.
Notwithstanding Section 13340 of the Government Code, all moneys in
the fund shall be continuously appropriated to the State Fire Marshal
for the study and the actual reasonable costs incurred by the State
Fire Marshal and the local, participating jurisdictions to develop,
implement, analyze, and report the enhanced fireworks special data
collection program, as described in subdivision (e), and for
reasonable administrative expenses incurred in the collection of the
license fees pursuant to this section. Moneys in the fund shall not
be used for any other purpose.
(d) The Fireworks Special Data Collection Fund may also receive
funding from any of the following sources:
(1) Voluntary contributions from the fireworks industry.
(2) Federal, state, or private grants.
(e) In addition to the obligations described in Section 13110.5,
on or before May 1, 2013 2014 , the
State Fire Marshal's Fireworks Advisory Committee shall review and
approve a plan developed by the fireworks industry to collect and
analyze data relating to the sale of fireworks and related fire,
injury, and disposal issues.
(1) The plan shall contain, but not be limited to, a sample design
and selection method to accurately capture a data set to be used for
statistical analysis relating to fires, damages, seizures, arrests,
administrative citations, and fireworks disposal issues caused by
dangerous fireworks and safe and sane fireworks for the period
surrounding both the 4th of July and New Year's Eve.
(2) The data set shall be verified by a university or other
nationally recognized independent survey design expert. This plan for
data collection shall attempt to collect the requisite data not only
in the target communities, but also in those communities immediately
adjoining or contiguous to the target communities.
(f) The sale of safe and sane fireworks for the period of 9 a.m.
on December 26 of a year within 2013 to 2017, inclusive,
2014 and 2015 to midnight of January 1 of the
following year, inclusive, shall only be permitted if, by September
15 of each year, the State Fire Marshal, in consultation with the
State Fire Marshal's Fireworks Advisory Committee, determines that
there are sufficient funds within the Fireworks Special Data
Collection Fund to cover the actual and reasonable costs for that
year associated with the special data collection program established
by this section.
(g) This section shall remain in effect only until January 15,
2018 2016 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 15, 2018, deletes or extends that date.
SEC. 3. Section 12599.5 is added to the Health and Safety Code, to
read:
12599.5. (a) Notwithstanding Sections 12599 and 12672,
each year from 2013 to 2017, inclusive, in 2014 and
2015 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 2013 to 2017,
inclusive, 2014 and 2015 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 charter city, city, county,
fire district, 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 2016 , and, as of January 2, 2018
2016 , is repealed, unless a later enacted
statute, that is enacted before January 2, 2018
2016 , deletes or extends the dates on which it becomes
inoperative and is repealed.
SEC. 4. Section 12635.5 is added to the Health and Safety Code, to
read:
12635.5. (a) A charter city, city, county, fire district, or city
and county that adopts an ordinance or resolution pursuant to
Section 12599 or 12599.5 may, through adoption of an ordinance or
resolution by the governing body, require each applicant receiving a
permit to pay a fee to the charter city, city, county, fire district,
or city and county of a pro rata portion of the costs the charter
city, city, county, fire district, or city and county incurs related
to any of the following:
(1) Processing and issuing permits.
(2) Inspection of fireworks stands.
(3) Public education and awareness campaigns regarding the safe
and responsible use of safe and sane fireworks, and the dangers and
risks posed by the use of illegal fireworks.
(4) Enforcing the provisions of the code of the charter city,
city, county, fire district, or city and county with respect to the
sale and use of safe and sane fireworks, including extra personnel
time, and cleanup of the fireworks trash and debris. "Extra personnel
time" shall be defined as employee or contracted employee time that
the charter city, city, county, fire district, or city and county
would not otherwise incur but for the sale and use of safe and sane
fireworks.
(5) Fire operation and suppression efforts that are directly
related to safe and sane fireworks.
(b) The pro rata share of the costs shall be determined using
gross sales as shown on each permittee's sales and use tax return for
the applicable period. The pro rata share of costs shall not exceed
7 percent of the gross sales of the fireworks sold in the charter
city, city, county, fire district, or city and county during the
applicable period.
(c) This section shall remain in effect only until January 2,
2018 2016 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 2, 2018 2016 , deletes or
extends that date.
SEC. 5. 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.