California 2017-2018 Regular Session Status: In Committee

AB 1949 — Explosives: flamethrowing devices.

Last action — In committee: Held under submission.

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

This bill died with 2017-2018 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 prohibits a person from using or possessing a flamethrowing device without a valid flamethrowing device permit, as issued by the State Fire Marshal if specified conditions are met. Existing law provides that any person who uses or possesses any flamethrowing device without a valid flamethrowing device permit is guilty of a public offense, as provided. Existing law defines a flamethrowing device as any nonstationary and transportable device designed or intended to emit or propel a burning stream of combustible or flammable liquid a distance of at least 10 feet. This bill would instead define a Tier I flamethrowing device as any nonstationary and transportable device designed or intended to emit or propel a burning stream of combustible or flammable liquid a distance of at least 10 feet and would require additional conditions to be met before the State Fire Marshal could issue or renew a permit to use and possess a Tier I flamethrowing device, including that the applicant or permitholder have a valid pyrotechnic operator license. The bill would also define a Tier II flamethrowing device as either any stationary, nonstationary, or transportable device designed or intended to emit or propel a burning stream of combustible or flammable liquid a distance of at least 2 feet, but not exceeding 10 feet, or any stationary, nonstationary, or transportable device designed or intended to emit or propel a burning stream of combustible or flammable gas a distance of at least 10 feet. The bill would prohibit a seller of a Tier I flamethrowing device, subject to criminal penalty, from selling the device to a person who does not possess a valid Tier I flamethrowing device permit. By expanding the scope of a crime, the bill would create a state-mandated local program. The bill would, as of January 1, 2018, prohibit a person from distributing, selling, or offering for sale a Tier II flamethrowing device in California unless the device bears a specified safety warning. The bill would also provide that a person who sells a flamethrowing device in violation of these provisions is jointly and severally liable in any civil action for damages caused by that device. The bill would also make conforming changes. 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. In committee: Held under submission.

  2. In committee: Set, first hearing. Referred to APPR. suspense file.

  3. Re-referred to Com. on APPR.

  4. Read second time and amended.

  5. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (April 17).

  6. From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 1.) (April 10). Re-referred to Com. on JUD.

  7. Re-referred to Com. on PUB. S.

  8. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  9. Re-referred to Com. on PUB. S.

  10. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  11. Referred to Coms. on PUB. S. and JUD.

  12. From printer. May be heard in committee March 1.

  13. Read first time. To print.

Sponsors

  • Santiago · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Santiago

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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

Subjects

public-safety
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Frequently asked questions

What does AB 1949 do?
Existing law prohibits a person from using or possessing a flamethrowing device without a valid flamethrowing device permit, as issued by the State Fire Marshal if specified conditions are met. Existing law provides that any person who uses or possesses any flamethrowing device without a valid flamethrowing device permit is guilty of a public offense, as provided. Existing law defines a flamethrowing device as any nonstationary and transportable device designed or intended to emit or propel a burning stream of combustible or flammable liquid a distance of at least 10 feet. This bill would instead define a Tier I flamethrowing device as any nonstationary and transportable device designed or intended to emit or propel a burning stream of combustible or flammable liquid a distance of at least 10 feet and would require additional conditions to be met before the State Fire Marshal could issue or renew a permit to use and possess a Tier I flamethrowing device, including that the applicant or permitholder have a valid pyrotechnic operator license. The bill would also define a Tier II flamethrowing device as either any stationary, nonstationary, or transportable device designed or intended to emit or propel a burning stream of combustible or flammable liquid a distance of at least 2 feet, but not exceeding 10 feet, or any stationary, nonstationary, or transportable device designed or intended to emit or propel a burning stream of combustible or flammable gas a distance of at least 10 feet. The bill would prohibit a seller of a Tier I flamethrowing device, subject to criminal penalty, from selling the device to a person who does not possess a valid Tier I flamethrowing device permit. By expanding the scope of a crime, the bill would create a state-mandated local program. The bill would, as of January 1, 2018, prohibit a person from distributing, selling, or offering for sale a Tier II flamethrowing device in California unless the device bears a specified safety warning. The bill would also provide that a person who sells a flamethrowing device in violation of these provisions is jointly and severally liable in any civil action for damages caused by that device. The bill would also make conforming changes. 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 AB 1949?
AB 1949 is sponsored by Santiago.
What is the current status of AB 1949?
This bill died with 2017-2018 Regular Session. It reached “In Committee” 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 AB 1949?
Track AB 1949 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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