INTRODUCED BY   Senators Leno and Steinberg
   (Principal coauthors: Senators Hancock and Jackson)
   (Coauthors: Senators Beall, Block, Corbett, Correa, De León,
DeSaulnier, Hill, Lieu, Liu, Monning, Pavley, Roth, Rubio, Wolk, and
   (Coauthors: Assembly Members Ammiano and Blumenfield)

                        JANUARY 29, 2013

   An act to amend the Budget Act of 2012 by amending Item
0820-001-0460 of Section 2.00 of that act, relating to the state
budget, making an appropriation therefor, and declaring the urgency
thereof, to take effect immediately.


   SB 140, as introduced, Leno. Budget Act of 2012: firearms.
   The Budget Act of 2012 made appropriations for the support of
state government for the 2012-13 fiscal year.
   This bill would amend the Budget Act of 2012 by revising an item
of appropriation for the Department of Justice relating to the Armed
Prohibitive Persons System (APPS).
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


  SECTION 1.  The Legislature finds and declares all of the
   (a) California is the first and only state in the nation to
establish an automated system for tracking handgun and assault weapon
owners who might fall into a prohibited status.
   (b) The online database, which is currently known as the Armed
Prohibited Persons System (APPS), cross-references all handgun and
assault weapon owners across the state against criminal history
records to determine persons who have been, or will become,
prohibited from possessing a firearm subsequent to the legal
acquisition or registration of a firearm or assault weapon.
   (c) Each day, the list of armed prohibited persons in California
grows by about 15 to 20 people. There are currently more than 19,000
armed prohibited persons in California. Collectively, these
individuals are believed to be in possession of over 34,000 handguns
and 1,590 assault weapons.
   (d) Neither the Department of Justice nor local law enforcement
has sufficient resources to confiscate the enormous backlog of
weapons, nor can they keep up with the daily influx of newly
prohibited persons.
   (e) It is the intent of the Legislature in enacting this measure
to allow the Department of Justice to utilize additional Dealers'
Record of Sale Special Account funds for the limited purpose of
addressing the current APPS backlog and the illegal possession of
these firearms, which presents a substantial danger to public safety.

  SEC. 2.  Item 0820-001-0460 of Section 2.00 of the Budget Act of
2012 is amended to read:
0820-001-0460--For support of Department of
Justice, for payment to Item 0820-001-0001,
payable from the Dealers' Record of Sale
Special Account.............................  18,670,000

     1.  Dealers' Record of Sale fees
         collected pursuant to the state law
         for the registration of assault
         weapons shall not exceed $20 per
     2.  The Attorney General may augment
         the amount appropriated in the
         Dealers' Record of Sale Special
         Account up to an aggregate of 10
         percent above the amount approved
         in this act for the Division of Law
         Enforcement, Bureau of Firearms for
         unanticipated workload associated
         with this fund. The Attorney
         General shall notify the
         chairpersons of the budget
         committees of both houses of the
         Legislature, the Joint Legislative
         Budget Committee, and the
         Department of Finance within 15
         days after the augmentation is made
         as to the amount and justification
         of the augmentation.
      3.  Of the amount appropriated in this 
          item, the sum of $______ may be 
          used to address the backlog in the 
          Armed Prohibited Persons System 
          (APPS). No later than _____, the 
          department shall report to the 
          Joint Legislative Budget Committee 
          the degree to which the backlog has 
          been reduced or eliminated and the
          number of weapons confiscated 
          through this effort. 

  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to address the current Armed Prohibited Persons System
(APPS) backlog and the illegal possession of firearms, which presents
an immediate danger to public safety, it is necessary for this act
to take effect immediately.