California 2011-2012 Regular Session Status: Passed Senate

SB 1468 — Fireworks.

Last action — Set, second hearing. Held in committee and under submission.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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 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 in 2013 and 2014, in consultation with the State Fire Marshal's General Fireworks Advisory Committee, to determine an appropriate sum that does not exceed the amount reasonably necessary for Fireworks Special Data Collection Program activities for targeted jurisdictions and the state for the following year. The bill would require 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 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 results of the 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, in 2014 and 2015, the sale of certified safe and sane fireworks from 9 a.m. on December 26 to 11:59 p.m. on 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 protection 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 a charter city, city, county, fire protection 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 protection district, or city and county of a pro rata portion of the actual and reasonable costs incurred, on or before January 2, 2016, by the charter city, city, county, fire protection 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 protection district, or city and county, except that a cost recovery ordinance or resolution in effect on or before June 30, 2012, would be authorized to supersede that provision. 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.

Bill Text

Action History

  1. Set, second hearing. Held in committee and under submission.

  2. Set, first hearing. Referred to APPR. suspense file.

  3. From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 1.) (June 28). Re-referred to Com. on APPR.

  4. From committee: Do pass and re-refer to Com. on G.O. (Ayes 7. Noes 1.) (June 20). Re-referred to Com. on G.O.

  5. From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.

  6. Referred to Coms. on L. GOV. and G.O.

  7. In Assembly. Read first time. Held at Desk.

  8. Read third time. Passed. (Ayes 37. Noes 0. Page 3694.) Ordered to the Assembly.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 6. Noes 0. Page 3597.) (May 24).

  11. Set for hearing May 24.

  12. Placed on APPR. suspense file.

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  14. Set for hearing May 21.

  15. Hearing postponed by committee.

  16. Set for hearing May 14.

  17. Read second time and amended. Re-referred to Com. on APPR.

  18. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 3305.) (April 25).

  19. From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

  20. Set for hearing April 25.

  21. Set, first hearing. Hearing canceled at the request of author.

  22. Set for hearing April 18.

  23. Referred to Com. on GOV. & F.

  24. Read first time.

  25. From printer. May be acted upon on or after March 26.

  26. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Calderon · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Calderon

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass and be re-referred to the Committee on Appropriations.

Passed 12 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 12104
Total 12104
% of votes cast 71%6%0%24%
How each member voted (17)
Member Party Vote
Chesbro — Yea
Jeffries — Yea
Perea — Yea
Silva — Yea
Atkins — Yea
Hall — Yea
Hill — Yea
Cook — Not Voting
Block — Yea
Blumenfield — Not Voting
Bradford — Not Voting
Ma — Yea
Nestande — Yea
Galgiani — Yea
Garrick — Yea
Gatto — Nay
V. Manuel Pérez — Not Voting

Official roll call →

3rd Reading

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Democratic 2000
Republican 0001
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Hancock — Yea
Wyland — Yea
Huff — Yea
Lieu — Yea
Wolk — Yea
Harman — Yea
Hernandez — Yea
Liu — Yea
Simitian — Yea
Steinberg — Yea
Yee — Yea
Evans — Yea
Fuller — Yea
Lowenthal — Yea
Cannella — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Anderson — Yea
Dutton — Yea
Leno — Yea
Pavley — Yea
Price — Yea
Vargas — Yea
Wright — Yea
DeSaulnier — Not Voting
Runner — Not Voting
Alquist — Yea
Blakeslee — Yea
Kehoe — Yea
Walters — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Do pass.

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Lieu — Yea
Dutton — Yea
Alquist — Yea
Kehoe — Yea
Price — Not Voting
Steinberg — Yea
Walters — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Lieu — Yea
Alquist — Yea
Dutton — Yea
Price — Yea
Kehoe — Yea
Steinberg — Yea
Walters — Yea

Official roll call →

Subjects

public-safety taxation labor
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Frequently asked questions

What does SB 1468 do?
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 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 in 2013 and 2014, in consultation with the State Fire Marshal's General Fireworks Advisory Committee, to determine an appropriate sum that does not exceed the amount reasonably necessary for Fireworks Special Data Collection Program activities for targeted jurisdictions and the state for the following year. The bill would require 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 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 results of the 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, in 2014 and 2015, the sale of certified safe and sane fireworks from 9 a.m. on December 26 to 11:59 p.m. on 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 protection 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 a charter city, city, county, fire protection 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 protection district, or city and county of a pro rata portion of the actual and reasonable costs incurred, on or before January 2, 2016, by the charter city, city, county, fire protection 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 protection district, or city and county, except that a cost recovery ordinance or resolution in effect on or before June 30, 2012, would be authorized to supersede that provision. 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.
Who sponsors SB 1468?
SB 1468 is sponsored by Calderon.
What is the current status of SB 1468?
This bill died with 2011-2012 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1468?
Track SB 1468 free on One Click Politics — get push/email alerts when it moves.

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