BILL NUMBER: SB 1468 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 17, 2012
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, 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 express the Legislature's
intent, for purposes of determining whether the
Legislature should continue to allow safe and sane fireworks for the
period immediately before each New Year's Eve, to conduct an enhanced
fireworks data collection study in a limited number of
jurisdictions. The bill would further declare the Legislature's
intent that the cost of the Fireworks Special Data Collection Program
be totally funded by voluntary contributions, as specified. The bill
would require the State Fire Marshal, on or before December 1, 2013,
and on or before December 1, 2014, in consultation with the State
Fire Marshal's Fireworks Advisory Committee, to determine an
appropriate sum that does not exceed the amount reasonably necessary
for fireworks special data collection activities for targeted
jurisdictions and the state for the following year . The bill
would require wholesaler license fees the
funding for these activities, from voluntary contributions
from the fireworks industry or from federal or private grants, to be
collected by the State Fire Marshal to be deposited
for deposit 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, 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, 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 majority . 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) The State Fire Marshal regularly appoints and maintains a
Fireworks Advisory Committee, consisting of representatives of local
fire and law enforcement agencies and the fireworks industry, who
meet regularly, at their own expense, and provide a state-level forum
for addressing issues related to pyrotechnic products and activities
in California.
(c)
(d) 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, 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, 2016.
(d)
(e) 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 wholesaler cost of the Fireworks Special
Data Collection Program established by this act shall be totally
funded by voluntary contributions from the fireworks industry or
federal or private grants .
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 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) (a)
On or before April 1 of 2014 and 2015
December 1, 2013, and on or before December 1, 2014 , 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 determine
an appropriate sum that does not exceed the amount reasonably
necessary for the fireworks special data collection
activities of the state that benefit the recipients of a
wholesaler license pursuant to this section for the
targeted jurisdictions and the state for the following year .
(c)
(b) The New Year's Eve wholesaler license fees
moneys 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 (d) .
Moneys in the fund shall not be used for any other purpose.
(d)
(c) 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)
(d) In addition to the obligations described in Section
13110.5, on or before May 1, 2014, November
1, 2013, 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)
(e) The sale of safe and sane fireworks for the period
of 9 a.m. on December 26 of 2014 and 2015 to midnight of January 1 of
the following year, inclusive, shall only be permitted if, by
September 15 of each December 31 of the
previous 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)
(f) This section shall remain in effect only until
January 15, 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, 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 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, 2016, and,
as of January 2, 2016, is repealed, unless a later enacted statute,
that is enacted before January 2, 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,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 2, 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.