Bill Text: CA AB2662 | 2013-2014 | Regular Session | Amended
Bill Title: Firearms: buy-back programs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-08-18 - Read second time. Ordered to third reading. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c). [AB2662 Detail]
Download: California-2013-AB2662-Amended.html
BILL NUMBER: AB 2662 AMENDED BILL TEXT AMENDED IN SENATE AUGUST 14, 2014 INTRODUCED BY Assembly Member Gatto FEBRUARY 21, 2014 An act to addSection 10156 to the Public Utilities Code, relating to the Silver Lake Reservoir.Chapter 4 (commencing with Section 34020) to Division 11 of Title 4 of Part 6 of the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST AB 2662, as amended, Gatto.Silver Lake Reservoir: drainage: civil penalty.Firearms: buy-back programs. Existing law generally requires a law enforcement officer to issue a receipt when the officer takes a firearm into custody. Existing law requires that a firearms transaction be conducted through a licensed firearms dealer if neither party to the transaction holds a dealer's license. Existing law exempts several firearms transfers from the requirement to conduct the transaction through a dealer, including the transfer of a firearm to an authorized representative of a government entity as part of an authorized, voluntary program in which the government entity is buying or receiving weapons from private individuals. This bill would require a city, county, city and county, or state government entity operating a voluntary firearm buy-back program, as defined, to process functioning handguns received pursuant to the program by either performing ballistics testing, a firearms trace, or by cataloging and storing the handgun, as specified. The bill would except antique firearms, as defined, from these provisions.Under existing law, a municipality or municipal corporation may operate as a public utility to supply its own water service.This bill would require, if the Los Angeles Department of Water and Power drains the Silver Lake Reservoir and the reservoir is not filled with water to at least 80% of its water capacity within 18 months of being drained, the Los Angeles Department of Water and Power to pay a civil penalty in the amount of $100,000 per week for each week that the Silver Lake Reservoir is not filled with water to at least 80% of its water capacity to the City of Los Angeles to mitigate the effects of the drainage of the Silver Lake Reservoir on the Silver Lake neighborhood.This bill would make legislative findings and declarations as to the necessity of a special statute for the Silver Lake Reservoir.Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 4 (commencing with Section 34020) is added to Division 11 of Title 4 of Part 6 of the Penal Code , to read: CHAPTER 4. VOLUNTARY FIREARMS BUY-BACK PROGRAM BALLISTICS TESTING 34020. (a) A city, city and county, county, or state government-operated voluntary firearm buy-back program shall process each functioning handgun it receives by one of the following methods: (1) Perform a ballistics test and submit the results to the National Integrated Ballistics Information Network. (2) Perform a ballistics test and retain the results. (3) Perform a firearms trace through the Bureau of Alcohol, Tobacco, Firearms and Explosives National Tracing Center. (4) Catalog and store the firearm. (b) For purposes of this chapter, a "voluntary firearm buy-back program" means a program or event in which an authorized representative of a city, city and county, county, or the state buys or receives firearms from the public for purposes of reducing the number of firearms in the community. (c) This chapter shall not apply to an antique firearm as described in subdivision (c) of Section 16170.SECTION 1.Section 10156 is added to the Public Utilities Code, to read: 10156. (a) If the Los Angeles Department of Water and Power drains the Silver Lake Reservoir, the reservoir shall be filled with water to at least 80 percent of its water capacity within 18 months of being drained. (b) If the reservoir is not filled as required pursuant to subdivision (a), the Los Angeles Department of Water and Power shall pay a civil penalty in the amount of one hundred thousand dollars ($100,000) per week, for each week that the reservoir is not filled with water to at least 80 percent of its water capacity, to the City of Los Angeles to mitigate the effects of the drainage of the Silver Lake Reservoir on the Silver Lake neighborhood. (c) Funds paid pursuant to subdivision (b) shall not be payable from rate-payer funds.SEC. 2.The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances surrounding the Silver Lake Reservoir and the effects drainage of the reservoir would have on the surrounding community.