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AB-1588 Fireworks: enforcement actions: funding.(2021-2022)



Current Version: 07/15/21 - Amended Senate Compare Versions information image


AB1588:v98#DOCUMENT

Amended  IN  Senate  July 15, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1588


Introduced by Committee on Governmental Organization (Assembly Members Frazier (Chair), Bigelow (Vice Chair), Aguiar-Curry, Berman, Cooley, Cooper, Daly, Davies, Gipson, Jones-Sawyer, Lackey, Low, Mathis, Quirk-Silva, Ramos, Robert Rivas, Blanca Rubio, Salas, and Smith)

March 17, 2021


An act to amend Section 19821 of the Business and Professions Code, relating to gambling. add Sections 12728.1 and 12728.3 to, and to add and repeal Section 12728.2 of, the Health and Safety Code, relating to fireworks, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 1588, as amended, Committee on Governmental Organization. Gambling Control Act: records: open to public inspection. Fireworks: enforcement actions: funding.
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 makes it unlawful for a person to violate the State Fireworks Law and the regulations issued pursuant thereto, and to possess a specified amount of dangerous fireworks, punishable by a fine or by imprisonment, as specified. Existing law establishes the State Fire Marshal Fireworks Enforcement and Disposal Fund for the purposes of supporting statewide programs for the enforcement, prosecution related to, disposal, and management of seized dangerous fireworks, and for the education of public safety agencies in the proper handling and management of dangerous fireworks.
This bill would establish the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund in the State Treasury and would require all moneys transferred to the fund to be used by the State Fire Marshal to assist in the enforcement of statewide programs concerning illegal and dangerous fireworks, prosecution related to seized fireworks, and enforcement efforts of fire and law enforcement officials.
This bill would require the California Department of Tax and Fee Administration (CDTFA), in consultation with the Office of the State Fire Marshal, to estimate by March 31, 2022, the gross receipts for sales and use tax purposes from the sale of fireworks in the state for the 2020–21 fiscal year, as specified. The bill would require that an amount equal to 2.5% of the estimated amount, or $1,800,000, whichever is greater, be included in the Governor’s revised budget in May 2022 for allocation to the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund, as specified. The bill would repeal these provisions on December 31, 2023.
This bill would require, before September 1, 2022, and each September 1 thereafter, certain local agencies that issue a sales permit or license to sell fireworks to annually submit to the CDTFA the total gross receipts for sales and use tax purposes from the sale of fireworks under permits or licenses issued for the previous fiscal year. By imposing new reporting requirements on certain local agencies, the bill would impose a state-mandated local program. The bill would require the CDTFA to report the total gross receipts from the sale of fireworks for the prior fiscal year to the Department of Finance on or before November 1 of each year. The bill would require the CDTFA to report to the Department of Finance an amount equal to 2.5% of the total amount of gross receipts for the prior fiscal year, but not to exceed $1,800,000. The bill would require an amount equivalent to the reported amount to be included in the next annual Governor’s Budget for the State Fire Marshal for transfer to the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund, and to be continuously appropriated and available to be allocated for specified fireworks enforcement programs.
By creating a new continuously appropriated fund, the bill would make an appropriation.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The Gambling Control Act provides for the licensure and regulation of various legalized gambling activities by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Existing law requires the commission to keep a record of all proceedings at its regular and special meetings and to make these records open to public inspection. Existing law also requires the department to maintain a file of all applications for licenses under the act and a record of all actions taken with respect to those applications, and to make this file and record open to public inspection.

This bill would require the commission and department to make these records and the file open to public inspection during normal business hours.

Vote: MAJORITY2/3   Appropriation: NOYES   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12728.1 is added to the Health and Safety Code, to read:

12728.1.
 (a) The State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund is hereby established in the State Treasury.
(b) All of the moneys transferred to the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund by the Controller pursuant to Sections 12728.2 and 12728.3 shall be used by the State Fire Marshal to further assist in the enforcement of statewide programs concerning illegal and dangerous fireworks, prosecution related to seized fireworks, and enforcement efforts of fire and law enforcement officials.

SEC. 2.

 Section 12728.2 is added to the Health and Safety Code, to read:

12728.2.
 (a) The California Department of Tax and Fee Administration (CDTFA) shall, in consultation with the Office of the State Fire Marshal, estimate the gross receipts for sales and use tax purposes from the sale of fireworks in the state by holders of a seller’s permit to sell fireworks for the 2020–21 fiscal year by March 31, 2022, based on the third and fourth quarters of 2021.
(b) An amount equal to 2.5 percent of the estimated amount described in subdivision (a), or an amount no greater than one million eight hundred thousand dollars ($1,800,000), whichever is greater, shall be included in the Governor’s revised budget in May 2022 for allocation to the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund pursuant to Section 12728.1.
(c) No later than 10 days after the enactment of the 2022–23 Budget Act, the amount appropriated by the Legislature to the State Fire Marshal pursuant to this section shall be transferred by the Controller to the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund to further assist in the enforcement of statewide programs concerning illegal and dangerous fireworks, prosecution related to seized fireworks, and enforcement efforts of fire and law enforcement officials.
(d) The CDTFA shall be paid the actual cost for administering this section from the funds appropriated before any allocation is made to the State Fire Marshal.
(e) This section shall remain in effect only until December 31, 2023, and as of that date is repealed.

SEC. 3.

 Section 12728.3 is added to the Health and Safety Code, to read:

12728.3.
 (a) For purposes of this section, “district” has the same meaning as in Section 7252 of the Revenue and Taxation Code.
(b) (1) Before September 1, 2022, and each September 1 thereafter, districts that issue a sales permit or license to sell fireworks shall annually submit to the California Department of Tax and Fee Administration (CDTFA) the total gross receipts for sales and use tax purposes from the sale of fireworks under permits or licenses issued for the previous fiscal year. For those districts that have contracted with the CDTFA to administer data collection for sales and use tax purposes, the CDTFA shall also note the total gross receipts for sales and use tax purposes from the sale of fireworks under permits or licenses issued for the previous fiscal year.
(2) The CDTFA shall report the amount of the total gross receipts for the prior fiscal year, as described in paragraph (1), to the Department of Finance on or before November 1 of each year.
(3) The CDTFA may add a line to a current return form, or develop a separate form, for use by districts in submitting the information described in paragraph (1).
(c) The total gross receipts described in paragraph (1) of subdivision (b) shall be subject to review by the CDTFA for errors. The review may be a review of a sample of reported amounts submitted by districts. The CDTFA shall note any errors identified in the review and the approximate impact of those errors on the total gross receipts in its report to the Department of Finance described in paragraph (2) of subdivision (b) to allow an adjusted total gross receipt amount to be determined.
(d) (1) The CDTFA shall report to the Department of Finance an amount equal to 2.5 percent of the total amount of gross receipts described in paragraph (2) of subdivision (b) for the prior fiscal year, but not to exceed one million eight hundred thousand dollars ($1,800,000).
(2) An amount equivalent to the amount reported in paragraph (1) shall be included in the next annual Governor’s Budget for the State Fire Marshal for allocation to the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund pursuant to Section 12728.1.
(e) No later than 10 days after the enactment of the annual Budget Act, the amount appropriated by the Legislature to the State Fire Marshal pursuant to this section shall be transferred by the Controller to the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund and shall be continuously appropriated and available to be allocated pursuant to Section 12728.1.
(f) The CDTFA shall be paid the actual cost for administering this section from the funds appropriated before any allocation is made to the State Fire Marshal.

SEC. 4.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 19821 of the Business and Professions Code is amended to read:
19821.

(a)The commission shall make and keep a record of all proceedings at regular and special meetings of the commission. These records shall be open to public inspection during normal business hours.

(b)The department shall maintain a file of all applications for licenses under this chapter. The commission shall maintain a record of all actions taken with respect to those applications. The file and record shall be open to public inspection during normal business hours.

(c)The department and commission may maintain any other files and records as they deem appropriate. Except as provided in this chapter, the records of the department and commission are exempt from disclosure under Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code.

(d)Except as necessary for the administration of this chapter, a commissioner or an official, employee, or agent of the commission or the department, having obtained access to confidential records or information in the performance of duties pursuant to this chapter, shall not knowingly disclose or furnish the records or information, or any part of the records or information, to any person who is not authorized by law to receive it. A violation of this subdivision is a misdemeanor.

(e)Notwithstanding subdivision (k) of Section 1798.24 of the Civil Code, a court shall not compel disclosure of personal information in the possession of the department or the commission to any person in any civil proceeding in which the department or the commission is not a party, except for good cause and upon a showing that the information cannot otherwise be obtained. This section shall not authorize the disclosure of personal information that is otherwise exempt from disclosure.