BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1468|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 1468
Author: Calderon (D)
Amended: 5/17/12
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 5-1, 4/25/12
AYES: Wolk, DeSaulnier, Hancock, Hernandez, Liu
NOES: Fuller
NO VOTE RECORDED: Dutton, Kehoe, La Malfa
SENATE APPROPRIATIONS COMMITTEE : 6-0, 5/24/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Steinberg
NO VOTE RECORDED: Price
SUBJECT : Fireworks
SOURCE : Author
DIGEST : This bill allows the sales of safe and sane
fireworks before New Years Eve of 2014 and 2015. This bill
also implements a specified fireworks data collection
program, funded by the fireworks industry.
ANALYSIS : The State Fireworks Law (Law) establishes a
comprehensive scheme for regulating the use, manufacture,
wholesale, import, export, and sale of all classes of
fireworks.
The Law authorizes the State Fire Marshal (SFM) to license
retailers to sell certified "safe and sane" fireworks from
CONTINUED
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June 28 to July 6 each year, unless otherwise prohibited by
local ordinance. Currently, 288 California communities
permit the sale and use of state-approved fireworks each
fourth of July.
The Law authorizes the SFM to issue a wholesaler's license
to allow the sale and transportation of all types of
fireworks to licensed retailers, or retailers operating
under a permit, licensed public display operators, and
other licensed wholesalers in California.
The SFM must establish and collect original and annual
renewal fees for fireworks licenses. The fees cannot
exceed the amount necessary to cover the SFM's
administrative and enforcement costs. The original and
annual renewal fee for a retail license is $50. The fee
for a wholesale license is $3000.
This bill authorizes the SFM to issue retail licenses for
the sale of safe and sane fireworks from 9am on December 26
of 2014 and 2015 to midnight on January 1 of the following
year, as specified. Specifically, this bill:
1. Authorizes a local agency to adopt an ordinance
permitting the sale of fireworks within its
jurisdiction, and authorizes the local entity to charge
permit fees that cover costs to issue the permits,
inspect retail stands, fund public education efforts,
enforce provisions of the fireworks law, and suppress
fires, as specified.
2. Requires the SFM to issue licenses for the retail sale
of fireworks during the authorized period.
3. Requires the SFM's Fireworks Advisory Committee, by
November 1, 2013, to review and approve a plan to
collect and analyze data on the sale of fireworks and
related fire, injury, and disposal issues.
4. Requires the plan to contain a sample design and
selection method to capture statistically relevant data
relating to fires, damages, seizures, arrests,
administrative citations, and fireworks disposal issues
caused by the sale of dangerous and safe and sane
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fireworks for the periods around both July fourth and
New Year's Eve.
5. Requires the plan to be developed by the fireworks
industry and requires the data set to be verified by a
university or recognized independent survey design
expert.
6. Requires the SFM, by December 1 of 2013 and 2014 and in
consultation with the Fireworks Advisory Committee, to
determine the sum reasonably necessary for the SFM and
participating local jurisdictions to develop, implement,
analyze, and report specified data pursuant to the
approved plan.
7. Requires the SFM to collect funds from the fireworks
industry, in addition to any available federal or
private grants, and deposit the funds into the Fireworks
Special Data Collection Fund. The funds would be
continuously appropriated to the SFM for costs incurred
by the SFM and local participating jurisdictions related
to the data collection program.
8. Requires the SFM to make a determination that there are
sufficient funds on deposit to cover costs associated
with the data collection program for the following year
by December 31 of 2013 and 2014 in order to authorize
sales of safe and sane fireworks around New Year's Eve
of the following year.
9. Sunsets these provisions in January of 2016.
Prior Legislation
AB 1295 (Bermudez, 2005), which would have allowed New
Year's fire-works sales and used fee revenues to pay for
disposal costs associated with seized fireworks, died in
the Assembly Appropriations Committee.
AB 1371 (V. Manuel Perez, 2011), which would have allowed
New Year's fireworks sales and authorized local governments
to impose permit fees, died in the Assembly Governmental
Organization Committee.
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FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Unknown costs related to the special fireworks special
data collection program (non-state funds). These
activities would be funded by voluntary contributions
from the fireworks industry, and the SFM must determine
that sufficient funds are on deposit prior to
authorizing the sale of safe and sane fireworks.
Potential for unknown increased costs to the SFM
related to disposal of illegal fireworks. If there were
a 10% increase in illegal fireworks seizures related to
the sale of safe and sane fireworks around New Year's
Eve, costs would be approximately $45,000 (General
Fund).
Absorbable costs to the SFM and the Fireworks Advisory
Committee to review and approve a plan to collect and
analyze data on fire, injury, and disposal issues
related to the sale of fireworks, and to determine the
amount necessary to cover costs associated with the data
collection program.
Minor costs to the SFM to issue retail licenses for the
sale of safe and sane fireworks around New Year's Eve,
fully covered by license fees.
SUPPORT : (Verified 5/24/12)
A Home Away From Home
Abundant Life Assemblies
African Village Project
American Legion Post #832 #1
American Legion Post #832 #2
American Promotional Events, Inc.
American River Alano Club AA
Antelope Christian Center
Antelope Jr. Titans Youth Football
Antelope Lions
Antelope Little league
Arden - Carmichael Inc.
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Atkinson Youth Services
Bella Vista Booster #1
Bella Vista High Band Boosters
Bradshaw Christian School
Breakfast Optimist Club
Breakfast Optimist Club #2
Calvary Evangalism Center #2
Cambridge Heights Parent Faculty Club
Camellia Assembly #108
Capitol Strokers
Carmichael Swim Team
Chicano Correctional Workers Association
Church of the Harvest
Cibara Shrine Motor Corporation
Citrus Heights Lions
Coast Guard Chief Petty Officers Association
College Glen Little League #2
Consumnes River Aquatics
Cordova Community Council
Cordova Girls Softball
Cordova High School Music Boosters
Cordova Jr. Lancers
Cornerstone Bible Church of Carmichael
Crosspointe Church
D.A.R.T
Day By Day Connections Foundation Inc.
Destiny Faith Center
Divine Mercy Catholic Church
El Camino Cross Country
El Camino High School Football
El Sendero De La Cruz
Elk Grove High School Band
Emanuel Methodist Church
Enlightened Minds Group Inc.
Ephraim Clampin Vipers
Faith Lutheran Church
Feeding God's Children
Fifty 5 Five
First Apostolic School
First Gospel Assembly of Sacramento
Florin High School Band/Athletics
Florin High School Boosters
Florin High School Pigskin Boosters
Florin Rebekah Lodge
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Folsom American Little League
Folsom Athletic Association
Fort Sutter Racing Pigeon Club
Friends Church
Girls Sports Association
Golden State Lions Club
Grace Church Music
Grace Evangelical Free Church
Harvest Church
Highlands High School Football Boosters
Hmong Christian Church #1
Hope United Methodist Church
Inderkum Athletic Boosters Club
International Life Savings
Jesuit High School Boosters Club
Job's Daughters #336
Job's Daughters #347
Job's Daughters Bethel #291
Job's Daughters Bethel #74
Jr Foothill Mustangs
Kennedy High School Athletic Boosters
Kennedy High School Athletics/Activities
Knights of Columbus #4443
Knights of Columbus #4964
Knights of Columbus #5322
Knights of Columbus #6922
Knights of Columbus #7241
Knights of Columbus #9469
Ladies of Charity
Laguna Creek High School Athletics
Laguna Creek High School PTSO
Laguna Creek Youth Football Organization
Land Park Lions Club
Liberty Ministries
Lifepointe Church of the Nazarene
Make A Wish Sunday Reno Mixers
Manna Ministries
Marshallese Assembly of God
McClatchy High School Music Boosters
Mesa Verde High School Boosters
Military Order of the Cootie
Modified Motorcycle Association of California
Modified Motorcycle Association of Elk Grove
Moose Lodge
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Mustard Seed Faith Christian Fellowship
Natomas High School Athletic Boosters
Natomas Jr. Nighthaws Football and Cheer
New Direction Christian Center
New Life Community Church
Nor Cal Student Athletes
Northridge Little League
Oasis Christian Mission Center
Orangevale Huskies
Orangevale Pentecostal Church of God
Our Faith Works
Paradise Baptist Church
Parkway Swimming Club
Peace Presbyterian Church
Pentecostal Church of God
People of Purpose
Phi Beta Sigma Fraternity, Inc.
Praise Tabernacle Community Church
Ram Boosters Club
Rio Americano Athletic Booster
Rio Linda Chamber of Commerce
Rio Linda High School Touchdown Club
Rio Linda Jr. Knights
River City Christian Academy
Riverside Wesleyan Church
Robla Education Foundation
Rosemont Little League
Sac Raiders Youth Organization
Sacramento Consolidated Charities
Sacramento County 4-H Club North
Sacramento High Athletic Boosters Club
Sacramento Sirens
Sacramento Tiny Tots Preschool
Sacramento Warlords
Sacramento Youth Band
Sacred Heart Cenacle
San Juan High School Boosters
Sheldon High School Baseball Booster Club
Sheldon High School Boys Basketball
Sheldon High School Football Boosters
Sheldon Jr. Huskies
Shepherd of Life Missionary
Shepherd's Love
Sinag-tala Filipino Theater and Performing Arts Association
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South Sacramento Aglow
St Mary's Youth Group
St. Charles Borromeo Church
St. Francis Cross Country Team
St. Jude Christian Tabernacle
St. Luke's Lutheran Church
St. Mark Missionary Baptist Church
Strength Mentoring Program
Tabernacle Baptist Church
Taylor Street Missionary Baptist Church
The Family Church of Sacramento
The Lords Church
The Wall Youth Foundation
Thunderballs Bowling Club
Trinity Life Center
Twist and Tumble Parents
United Student Athletics, Inc.
V.F.W. #8985
West Sacramento American Legion Baseball
West Sacramento Youth Resource Coalition
Women of AT&T
Zion Lutheran Church
Zodiac Stars of Sacramento
Over 600 letters from individuals received by author
OPPOSITION : (Verified 5/24/12)
Orange County Fire Authority
City of Burbank, Office of the Mayor
ARGUMENTS IN SUPPORT : According to the author:
This economic recession has not only weakened our Fire
and Law enforcement services. Its economic impact has
extended to services more broadly, especially within the
States non-profit sector. Non-profits provide a number
of services to Californians including: job placement,
health, environmental, and public safety. Given the
economic recession, these non-profits have seen a
reduction in donations and government funding grants.
This has drastically inhibited their ability to offer
their services, during a time when the need for services
has increased exponentially.
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The availability of safe and sane fireworks is the smart
alternative for illegal firework usage. After legalizing
the sale of safe and sane fireworks in 2003, Cathedral
City and Riverside County both witnessed a sharp decrease
in the use of illegal fireworks. Tulare County, which
also legalized the sale of safe and sane fireworks in
2003, reported a decrease in calls for fire related
services during subsequent years. In addition, money
generated from the sale of safe and sane fireworks will
go directly to the suppression of illegal fireworks and
illegal firearm usage.
SB 1468 creates a wise policy approach to a very serious
problem while simultaneously establishing a much needed
revenue generating opportunity for many California
non-profits.
ARGUMENTS IN OPPOSITION : The opposition states:
Sales of fireworks in adjoining communities are already
making it difficult for communities to police the sale
and use of these materials adjacent to the fourth of July
holiday. It is virtually impossible to prevent a
resident who had purchased materials several blocks away
from using the fireworks in an illegal fashion in a
neighboring community.
While the bill authorizes the local agency to collect
seven percent of gross sales during either or both
holiday sales period, it would not nearly cover the
additional costs of prevention and suppression
enforcement related to these sales.
AGB:kc 5/24/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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