California Legislature—2013–14 Regular Session

Assembly BillNo. 685


Introduced by Assembly Member Achadjian

February 21, 2013


An act to amend Section 10334 of the Public Contract Code, relating to state goods.

LEGISLATIVE COUNSEL’S DIGEST

AB 685, as introduced, Achadjian. State goods: peace officer’s is state-issued handgun: spouse.

Existing law authorizes a peace officer who has been duly retired through a service retirement or a peace officer retiring from a job-incurred disability to be authorized by the person’s department head to purchase his or her state-issued handgun, as specified.

This bill would provide that the spouse of a peace officer who has died in the line of duty may be authorized by his or her spouse’s department head to purchase his or her state-issued handgun, as specified.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P1    1

SECTION 1.  

Section 10334 of the Public Contract Code is
2amended to read:

3

10334.  

(a) No state employee shall acquire any goods from
4the state, unless the goods are offered to the general public in the
5regular course of the state’s business on the same terms and
6conditions as those applicable to the employee. “State employee,”
P2    1as used in this section, means any employee of the state included
2within Section 82009 of the Government Code, and all officers
3and employees included within Section 4 of Article VII of the
4California Constitution, except those persons excluded from the
5definition of “designated employee” under the last paragraph of
6Section 82019 of the Government Code.

7(b) Notwithstanding subdivision (a), any peace officer as defined
8in Chapter 4.5 (commencing with Section 830) of Title 3 of Part
92 of the Penal Code, employed by the State of California for a
10period of more than 120 months who has been duly retired through
11a service retirement or a peace officer retiring from a job-incurred
12disability not related to a mental or emotional disorder and who
13has been granted the legal right to carry a concealed firearm
14pursuant to Article 2 (commencing with Section 25450) of Chapter
152 of Division 5 of Title 4 of Part 6 of the Penal Code may be
16authorized by the person’s department head to purchase his or her
17state-issued handgun. Disability retired peace officers need not
18meet the 120-month employment requirement. The cost of the
19handgun shall be the fair market value as listed in the annual Blue
20Book of Gun Values or replacement cost, whichever is less, of the
21handgun issued as determined by the appointing power, plus a
22charge for the cost of handling. The retiring officer shall request
23to purchase his or her handgun in writing to the department within
2430 calendar days of his or her retirement date.

25(c) Notwithstanding subdivision (a), any peace officer described
26in Chapter 4.5 (commencing with Section 830) of Title 3 of Part
272 of the Penal Code employed by the State of California who is
28authorized to carry firearms may purchase his or her state-issued
29service firearm if the person’s department head directs the
30department to change its state-issued service weapon system. The
31cost of the service firearm shall be the fair market value as listed
32in the annual Blue Book of Gun Values or replacement cost,
33whichever is less, of the firearm issued as determined by the
34department head, plus a charge for the cost of handling. The
35requesting officer shall request to purchase his or her firearm in
36writing to the department within 10 calendar days of receiving the
37new state-issued weapon.

begin insert

38(d) Notwithstanding subdivision (a), the spouse of a peace officer
39as defined in Chapter 4.5 (commencing with Section 830) of Title
403 of Part 2 of the Penal Code who was employed by the State of
P3    1California and who died in the line of duty, may be authorized by
2his or her spouse’s department head to purchase his or her
3state-issued handgun. The cost of the handgun shall be the fair
4market value of the handgun as listed in the annual Blue Book of
5Gun Values or replacement cost, whichever is less, as determined
6by the appointing power, plus a charge for the cost of handling.
7The spouse shall request to purchase the handgun in writing to
8the department within 30 calendar days of his or her spouse’s
9death.

end insert


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