AB 1403 — Public safety: fireworks: enforcement: funding.

Summary

(1) The State Fireworks Law requires the State Fire Marshal to adopt regulations relating to fireworks as may be necessary for the protection of life and property, and requires the State Fire Marshal to appoint deputies and employees as may be required to carry out the provisions of that law. Existing law requires the State Fire Marshal to classify all fireworks and pyrotechnic devices and prohibits any fireworks or pyrotechnic devices from being imported, sold, or offered for sale before the fireworks or devices have been examined and classified by the State Fire Marshal. Existing law authorizes the State Fire Marshal to issue licenses related to fireworks and pyrotechnic devices, including a wholesaler's license. Existing law makes it unlawful for a person to violate the State Fireworks Law or the regulations issued pursuant thereto, and to possess a specified amount of dangerous fireworks without a valid permit, punishable by a fine or by imprisonment, as specified. This bill would increase the amounts of the fines to be imposed for violating the State Fireworks Law or related regulation, would increase the amount of certain fines for possessing specified amounts of dangerous fireworks, and would increase the amount of certain fines for selling, giving, or delivering dangerous fireworks to any person under 18 years of age. (2) The State Fireworks Law defines "safe and sane fireworks" to mean any fireworks that do not come within the definition of dangerous fireworks or exempt fireworks, as those terms are defined. This bill would redefine "safe and sane fireworks" to instead mean any fireworks that have been approved by the United State Consumer Product Safety Commission and that have been carefully examined and tested by the State Fire Marshal and determined by the State Fire Marshal to meet and comply with specified regulations. (3) The State Fireworks Law requires the State Fire Marshal, on or before July 1, 2008, to identify and evaluate methods to capture more detailed data relating to fires, damages, and injuries caused by both dangerous fireworks and safe and sane fireworks. This bill would move up the date by which the State Fire Marshal is required to identify and evaluate methods to capture the data described above to July 1, 2024. The bill would require, on or before January 1, 2025, the State Fire Marshal to collect and analyze data relating to fires, damages, seizures, arrests, administrative citations, and fireworks disposal issues caused by the sale and use of both dangerous illegal fireworks and safe and sane fireworks, as provided. The bill would require, on or before January 1, 2025, the State Fire Marshal to provide to the appropriate policy and budget committees of the respective houses of the Legislature a workload analysis of resources needed to further assist in the training of local fire and law enforcement personnel regarding specified topics. (4) The State Fireworks 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 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 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 January 1, 2024, would be authorized to supersede that provision. (5) The State Fireworks Law requires any dangerous fireworks seized be managed by the State Fire Marshal in the manner prescribed by the State Fire Marshal, as provided. This bill would require the State Fire Marshal to, in consultation with relevant state and local public agencies, the fireworks industry, and other relevant stakeholders, develop, publish, and provide necessary guidance and training to local agencies that seize, collect, transport, store, and treat seized fireworks, as provided. The bill would require the State Fire Marshal to train local fire and law enforcement personnel on fireworks enforcement, as provided.

Bill Text

• Chaptered 10/07/23 - Chaptered Current pdf October 07, 2023
• Enrolled 09/18/23 - Enrolled pdf September 18, 2023
• Amended 09/01/23 - Amended Senate pdf September 01, 2023
• Amended 04/06/23 - Amended Assembly pdf April 06, 2023
• Introduced 02/17/23 - Introduced pdf February 17, 2023
• AB1403 View text html

Action History

1. October 07, 2023

   Chaptered by Secretary of State - Chapter 368, Statutes of 2023.

2. October 07, 2023

   Approved by the Governor.

3. September 22, 2023

   Enrolled and presented to the Governor at 11:30 a.m.

4. September 14, 2023

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3554.).

5. September 13, 2023

   In Assembly. Concurrence in Senate amendments pending.

6. September 13, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2767.).

7. September 08, 2023

   Ordered to special consent calendar.

8. September 05, 2023

   Read second time. Ordered to third reading.

9. September 01, 2023

   Read second time and amended. Ordered returned to second reading.

10. September 01, 2023

    From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (September 1).

11. August 21, 2023

    In committee: Referred to APPR suspense file.

12. July 12, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 12). Re-referred to Com. on APPR.

13. June 27, 2023

    From committee: Do pass and re-refer to Com. on E.Q. (Ayes 14. Noes 0.) (June 27). Re-referred to Com. on E.Q.

14. June 07, 2023

    Referred to Coms. on G.O. and E.Q.

15. May 26, 2023

    In Senate. Read first time. To Com. on RLS. for assignment.

16. May 25, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 1774.)

17. May 18, 2023

    Read second time. Ordered to third reading.

18. May 18, 2023

    From committee: Do pass. (Ayes 15. Noes 0.) (May 18).

19. May 10, 2023

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

20. April 19, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 18). Re-referred to Com. on APPR.

21. April 13, 2023

    From committee: Do pass and re-refer to Com. on E.S. & T.M. (Ayes 16. Noes 0.) (April 12). Re-referred to Com. on E.S. & T.M.

22. April 07, 2023

    Re-referred to Com. on G.O.

23. April 06, 2023

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

24. March 09, 2023

    Referred to Coms. on G.O. and E.S. & T.M.

25. February 18, 2023

    From printer. May be heard in committee March 20.

26. February 17, 2023

    Read first time. To print.

Sponsors

• Robert Garcia · Primary

Votes

Subjects