Amended in Senate August 14, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2662


Introduced by Assembly Member Gatto

February 21, 2014


An act to addbegin delete Section 10156 to the Public Utilities Code, relating to the Silver Lake Reservoir.end deletebegin insert Chapter 4 (commencing with Section 34020) to Division 11 of Title 4 of Part 6 of the Penal Code, relating to firearms.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2662, as amended, Gatto. begin deleteSilver Lake Reservoir: drainage: civil penalty. end deletebegin insertFirearms: buy-back programs.end insert

begin insert

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.

end insert
begin insert

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.

end insert
begin delete

Under existing law, a municipality or municipal corporation may operate as a public utility to supply its own water service.

end delete
begin delete

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.

end delete
begin delete

This bill would make legislative findings and declarations as to the necessity of a special statute for the Silver Lake Reservoir.

end delete

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertChapter 4 (commencing with Section 34020) is
2added to Division 11 of Title 4 of Part 6 of the end insert
begin insertPenal Codeend insertbegin insert, to
3read:end insert

begin insert

4 

5Chapter  begin insert4.end insert Voluntary Firearms Buy-Back Program
6Ballistics Testing
7

 

8

begin insert34020.end insert  

(a) A city, city and county, county, or state
9government-operated voluntary firearm buy-back program shall
10process each functioning handgun it receives by one of the
11following methods:

12(1) Perform a ballistics test and submit the results to the
13National Integrated Ballistics Information Network.

14(2) Perform a ballistics test and retain the results.

15(3) Perform a firearms trace through the Bureau of Alcohol,
16Tobacco, Firearms and Explosives National Tracing Center.

17(4) Catalog and store the firearm.

18(b) For purposes of this chapter, a “voluntary firearm buy-back
19program” means a program or event in which an authorized
20representative of a city, city and county, county, or the state buys
21or receives firearms from the public for purposes of reducing the
22number of firearms in the community.

P3    1(c) This chapter shall not apply to an antique firearm as
2described in subdivision (c) of Section 16170.

end insert
begin delete
3

SECTION 1.  

Section 10156 is added to the Public Utilities
4Code
, to read:

5

10156.  

(a) If the Los Angeles Department of Water and Power
6drains the Silver Lake Reservoir, the reservoir shall be filled with
7water to at least 80 percent of its water capacity within 18 months
8of being drained.

9(b) If the reservoir is not filled as required pursuant to
10subdivision (a), the Los Angeles Department of Water and Power
11shall pay a civil penalty in the amount of one hundred thousand
12dollars ($100,000) per week, for each week that the reservoir is
13not filled with water to at least 80 percent of its water capacity, to
14the City of Los Angeles to mitigate the effects of the drainage of
15the Silver Lake Reservoir on the Silver Lake neighborhood.

16(c) Funds paid pursuant to subdivision (b) shall not be payable
17from rate-payer funds.

18

SEC. 2.  

The Legislature finds and declares that a special law
19is necessary and that a general law cannot be made applicable
20within the meaning of Section 16 of Article IV of the California
21Constitution because of the unique circumstances surrounding the
22Silver Lake Reservoir and the effects drainage of the reservoir
23would have on the surrounding community.

end delete


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