BILL NUMBER: AB 992	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 2, 2003
	AMENDED IN ASSEMBLY  MAY 5, 2003
	AMENDED IN ASSEMBLY  APRIL 22, 2003

INTRODUCED BY   Assembly Members Ridley-Thomas and Koretz
   (Coauthors:  Assembly Members Goldberg  and Nunez
  , Hancock, Lieber, Nunez, and Steinberg  )
   (Coauthor:  Senator Soto)

                        FEBRUARY 20, 2003

   An act to add Chapter 2.8 (commencing with Section 12330) to Title
2 of Part 4 of the Penal Code, relating to ammunition  , and
making an appropriation therefor  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 992, as amended, Ridley-Thomas.  Ammunition:  Firearm Victims'
Reimbursement Fund.
   Existing law generally regulates the sale of ammunition.
   This bill would impose a fee of 10
on every munition, as defined, sold at retail.  The fees would be
paid to the State Board of Equalization, and deposited in the Firearm
Victims' Reimbursement Fund  , a continuously appropriated
fund that would be established by the bill  .  The Firearm
Victims' Reimbursement Fund would be used  , upon appropriation,
 to pay firearm-injury victims for uncompensated pecuniary
losses  and to pay for related administrative costs  , as
specified.  a   By establishing a continuously appropriated
fund, this bill would make an appropriation.   The bill
would require the Board of Equalization, on an annual basis beginning
January 1, 2005, to adjust the fee for inflation. 
   Vote:  majority.  Appropriation:  yes   no
 .  Fiscal committee:  yes. State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Chapter 2.8 (commencing with Section 12330) is added to
Title 2 of Part 4 of the Penal Code, to read:

      CHAPTER 2.8.   FIREARM VICTIMS' REIMBURSEMENT FUND

   12330.  (a) (1) There shall be imposed a fee upon all munitions
sold at retail at the rate of 10 cents ($0.10) for each munition sold
at retail in this state on or after January 1, 2004.
   (2) Except as provided in paragraph (1), the fee shall also be
imposed upon and paid by the purchaser of munitions for munitions
purchased outside of the state and that are intended to be stored or
used in the state.
   (3) The fee imposed pursuant to this section shall not exceed the
costs authorized for expenditure pursuant to subdivisions (f) and
(g).
   (b) The fees imposed by this section shall be administered and
enforced by the State Board of Equalization.
   (c) For purposes of this section, "munition" means  either a
finished munition product consisting of a projectile with its fuse,
propelling charge, or primer, or a primer component, as applicable.
"Munition" does not include a BB or a pellet commonly used in an air
rifle or pistol  , or "blank" munitions which lack a projectile
 .
   (d) The fee provided for in this section may not be imposed upon
any munition or primer component purchased by any peace officer
required to carry a firearm while on duty, or by any governmental law
enforcement agency employing that officer, for use in the normal
course of employment.
   (e) All amounts required to be paid to the state under this
section shall be paid to the State Board of Equalization in the form
of remittances that are payable to that board and are separate from
the remittance of any other fee.  The board shall transmit the
payments to the Treasurer to be deposited in the State Treasury to
the credit of the Firearm  Victims' Reimbursement Fund, which is
hereby created.  
   (f) Notwithstanding Section 13340 of the Government Code, the
Firearm Victims' Reimbursement Fund is continuously appropriated,
without regard to fiscal years, as follows:
   (1) To the State Board of Equalization the to pay for the board's
 
   (f) The Victims' Reimbursement Fund may be used, upon
appropriation by the Legislature, for the following purposes:
   (1) To pay the State Board of Equalization for the board's 
cost of implementation and administration of this section, which cost
in any fiscal year may not exceed 5 percent of the total amount of
moneys deposited in the fund in that fiscal year.  
   (2) The fund shall be administered by the California Victims
Compensation and Government Claims Board in a similar manner and for
similar purposes as the board administers the Restitution Fund except
that it shall not be limited to victims of crime.
   (3) The fund shall  
   (2) To pay the California Victims Compensation and Government
Claims Board for the board's cost of implementation and
administration of this section, which cost in any fiscal year may not
exceed 5 percent of the total amount of moneys deposited in the fund
in that fiscal year.
   (3) To  compensate those persons who are injured by firearms
and who suffer uncompensated pecuniary loss.
   (g)  The fund shall be administered by the California Victims
Compensation and Government Claims Board in a similar manner and for
similar purposes as the board administers the Restitution Fund,
except that it shall not be limited to victims of crime.
   (h)  If the amount credited to the Firearm Victims'
Reimbursement Fund exceeds the amount necessary to fully cover
reimbursable costs pursuant to subdivision  (f), the State Board of
Equalization shall temporarily adjust, for the following one-year
period, the fee to be charged pursuant to subdivision (a) to an
amount estimated to deplete any surplus in the fund during the next
calendar year.  
   (h) Except as provided in subdivision  (g), the fee imposed
pursuant to subdivision (a) shall be increased by one cent every two
years, commencing January 1, 2006, provided however, that fee imposed
pursuant to this section shall not exceed the costs authorized for
expenditure pursuant to subdivision (f). 
   (i)  Except as provided in subdivision (h), the Board of
Equalization shall, on an annual basis beginning on January 1, 2005,
adjust the fee imposed pursuant to subdivision (a) for inflation
based upon the California Consumer Price Index provided by the
California Department of Industrial Relations, rounded to the nearest
whole cent.
   (j)  The Board of Equalization and the  California Victims
Compensation and Government Claims Board shall adopt regulations
necessary to implement this chapter.