Amended in Senate April 21, 2014

Amended in Senate March 19, 2014

Senate BillNo. 916


Introduced by Senator Correa

(Principal coauthor: Senator Block)

(Coauthor: Senator Galgiani)

January 27, 2014


An act to amendbegin delete Section 25250.1 of the Health and Safety Code, to add Section 12405 to, and to add Article 7.7 (commencing with Section 10409.1) to Chapter 2 of Part 2 of Division 2 of, the Public Contract Code, and to add Chapter 5.8 (commencing with Section 42359) to Part 3 of Division 30 of the Public Resources Code, relating to lubricating oil.end deletebegin insert Sections 32025, 32030, and 32110 of the Penal Code, relating to firearms.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 916, as amended, Correa. begin deleteLubricating oil: biosynthetic lubricants: procurement: sale. end deletebegin insertFirearms.end insert

begin insert

(1) Existing law establishes various requirements governing unsafe handguns, as defined. Among other things, existing law makes it a crime, punishable by imprisonment in a county jail not exceeding one year, to manufacture, import into the state for sale, keep for sale, offer or expose for sale, give, or lend an unsafe handgun. Existing law also requires handguns imported into the state for sale, kept for sale, or offered or exposed for sale, to be tested, as specified, to determine if they are unsafe. Existing law requires the Department of Justice to maintain a roster listing the handguns that have been tested and have been determined not to be unsafe. Existing law specifies various exceptions from these requirements.

end insert
begin insert

Existing law allows a handgun model that has been included in the roster to be retested and allows the handgun model to be removed from the roster if it fails retesting. Existing law allows a handgun model removed from the roster for failing retesting to be reinstated upon a petition to the Attorney General for reinstatement and successful retesting, as specified.

end insert
begin insert

This bill would allow a handgun model removed from the roster for any other reason to be reinstated to the roster upon a petition to the Attorney General for reinstatement and successful retesting, as specified. The bill would require that a handgun model that is reinstated to the roster pursuant to these provisions only meet the requirements for listing as of the date the handgun model was originally submitted for testing.

end insert
begin insert

(2) Under existing law, a firearm is deemed to meet the requirements for being listed on the roster if another firearm made by the same manufacturer is already listed on the roster and the unlisted firearm differs from the listed firearm in certain specified ways, including any purely cosmetic feature.

end insert
begin insert

This bill would require that a firearm be deemed to satisfy the requirements for being listed on the roster if another firearm made by the same manufacturer is already listed on the roster and the unlisted firearm possesses the same make and model designation, is of the same caliber and barrel length, and is identical to the listed firearm except that a part of the firearm has been redesigned, is made using a different manufacturing technique, is made out of a different material, or includes any other noncosmetic change. The bill would require that a firearm deemed to meet the requirements for being listed on the roster pursuant to these provisions only meet the requirements for listing as of the date the similar listed firearm was originally submitted for testing. The bill would require a manufacturer seeking to have a firearm deemed to satisfy the requirements for being listed on the roster to provide the Department of Justice with a declaration, under oath, stating the nature of the change and that the firearm differs from the previous version only in the manner specified. Because a false statement made under oath would be a crime, the bill would impose a state-mandated local program.

end insert
begin insert

The bill would prohibit a manufacturer of a firearm that has already been modified in these ways as of January 1, 2015, from being considered to be in violation of the provisions of law prohibiting the sale of unsafe handguns if the manufacturer complies with these requirements and submits the firearm to be tested no later than March 31, 2015.

end insert
begin insert

(3) Existing law provides that the provisions defining and governing unsafe handguns do not apply to certain transactions, including the sale, loan, or transfer of any firearm in a transaction that requires the use of a licensed dealer, or where the sale, loan, or transfer is exempt from the provisions of law requiring the transfer to be conducted through a licensed firearms dealer, among others.

end insert
begin insert

This bill would make the provisions defining and governing unsafe handguns inapplicable to the sale, loan, or transfer of a handgun by a licensed firearms dealer if the firearm previously appeared on the roster but was removed for any reason other than failing retesting and the licensee notified the Department of Justice of the number of qualifying firearms in its inventory within 30 days of the firearm being removed from the roster.

end insert
begin insert

(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

(1) Existing law authorizes the Department of Toxic Substances Control to regulate the disposal of hazardous waste, including used oil, and, for those purposes, defines “used oil” to mean oil that has been refined from crude oil, or any synthetic oil, that has been used, and, as a result of use or as a consequence of extended storage, or spillage, has been contaminated with physical or chemical impurities.

end delete
begin delete

This bill would specify that synthetic oil includes oil composed of biobased feedstock for these purposes.

end delete
begin delete

(2) Existing law requires state agencies and contractors with state agencies to purchase lubricating oil, as defined, and industrial oil, as defined, containing the greatest percentage of recycled oil, unless a specified certification is made. Existing law also requires local agencies to purchase lubricating oil and industrial oil that contains recycled oil if the product meets specified conditions.

end delete
begin delete

This bill, on and after January 1, 2016, would require a state agency, and any person or entity contracting with a state agency for the supply of lubricating oil, to purchase only biosynthetic lubricant that meets certain requirements, including minimal standards for biodegradability. The bill would require the Department of General Services, by July 31, 2015, to provide language for a state agency to include in a contract or grant implementing these provisions. The bill would authorize a state agency, city, county, city and county, or district to purchase biosynthetic lubricant that meets the specified requirements.

end delete
begin delete

(3) The California Oil Recycling Enhancement Act, administered by the Department of Resources Recycling and Recovery, imposes a charge upon the sale of lubricating oil, for deposit in the California Used Oil Recycling Fund, and continuously appropriates money from the fund to the department to provide, among other things, grants and contracts to local governments, nonprofit entities, and private entities and recycling incentives to every industrial generator, curbside collection program, and certified used oil collection center for collected or generated used lubricating oil. Existing law prohibits the sale of engine oil and lubricating oil unless the product conforms to certain specifications.

end delete
begin delete

This bill would prohibit on and after January 1, 2017, the sale of lubricating oil in the state unless the lubricating oil meets certain requirements, including meeting or exceeding the minimal standards for biodegradability, as specified, and unless the producer of the biosynthetic lubricating oil files with the department a document by which the producer verifies that the lubricating oil meets the specified requirements. The bill would require the department to provide the producer with a unique lubricating oil biodegradability compliance number for each product self-verified by the producer.

end delete
begin delete

The bill would authorize, on and after July 1, 2015, the Director of Resources Recycling and Recovery, in consultation with an advisory committee established by the bill as specified, to grant extensions, in increments of one year, of these requirements and the state agency biosynthetic lubricant purchasing requirements described above if the director finds that biosynthetic lubricating oil is not commercially available. The bill would authorize a procuring agency or person to sell, no later than 12 months after January 1, 2017, or 12 months after the end of the last of all extensions granted as discussed above, lubricating oil that does not meet the specified requirements if the procuring agency or person legally possessed the lubricating oil before the latter of those dates. The bill would require the procuring agency or person to maintain records to verify that the lubricating oil was in the person’s or agency’s possession before the latter date. The bill would require the department to inform local agencies and individuals of the benefits of biosynthetic lubricating oils.

end delete
begin delete

(4) Existing law requires the Department of General Services, in consultation with the California Environmental Protection Agency, members of the public, industry, and public health and environmental organizations, to provide state agencies with information and assistance regarding environmentally preferable purchasing.

end delete
begin delete

This bill would require the Department of General Services to maintain and update, on the department’s Internet Web site, a list that contains the names of biosynthetic lubricating oil products that meet the specified lubricating oil requirements. The bill would require the department to transmit a copy of this list to the Office of the President of the University of California to facilitate the University of California’s procurement efforts.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P5    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

The Legislature finds and declares all of the
2following:

end insert
begin insert

3(a) With limited exceptions, existing law prohibits the
4manufacture, importation, and sale by licensed firearm dealers in
5California of handguns that do not appear on the roster of
6handguns that have been determined not to be unsafe. These
7firearms are considered “unsafe handguns.”

end insert
begin insert

8(b) Existing law requires that a handgun be listed on the roster
9by make, model, gun type, barrel length, caliber, and expiration
10date once the handgun meets certain testing and safety
11requirements.

end insert
begin insert

12(c) Firearm manufacturers are constantly improving their
13firearms to make them more safe, reliable, and functional for the
14general public. These improvements may involve making slight
15modifications in the design of a part, updating manufacturing
16techniques, or using new and stronger materials. Often, as is
17industry practice, these improvements do not change the handgun’s
18make and model designation, and there is no outward difference
19between the original handgun and the improved model. Existing
20law is unclear as to whether these handguns are considered new
21handgun models that would require retesting and relisting on the
22roster.

end insert
begin insert

P6    1(d) Without the change to current law proposed by this act, it
2will remain unclear whether manufacturers are permitted to
3improve the safety of handguns that are already approved for sale
4in California. Additionally, many firearms will be unavailable to
5lawful California firearm owners if manufacturers cannot lawfully
6make these improvements. Law abiding members of the public will
7have increasingly narrower options available to them for
8self-defense. With limited options, normally lawful firearm owners
9will be forced to turn to other sources to acquire firearms available
10in the other 49 states, including black market and illegal firearm
11transactions.

end insert
begin insert

12(e) The purpose of this act is to clarify that manufacturers may
13make improvements to handguns currently on the roster, and to
14allow handguns that have fallen off of the roster for reasons other
15than failing retesting to be returned to the roster by a petition to
16the Attorney General.

end insert
17begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 32025 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

18

32025.  

begin insert(a)end insertbegin insertend insertA handgun model removed from the roster pursuant
19to subdivision (d) of Section 32020 may be reinstated on the roster
20if all of the following are met:

begin delete

21(a)

end delete

22begin insert(1)end insert The manufacturer petitions the Attorney General for
23reinstatement of the handgun model.

begin delete

24(b)

end delete

25begin insert(2)end insert The manufacturer pays the Department of Justice for all of
26the costs related to the reinstatement testing of the handgun model,
27including the purchase price of the handguns, prior to reinstatement
28testing.

begin delete

29(c)

end delete

30begin insert(3)end insert The reinstatement testing of the handguns shall be in
31accordance with subdivisions (b) and (c) of Section 32020.

begin delete

32(d)

end delete

33begin insert(4)end insert The three handgun samples shall be tested only once for
34reinstatement. If the sample fails it may not be retested.

begin delete

35(e)

end delete

36begin insert(5)end insert If the handgun model successfully passes testing for
37reinstatement, and if the manufacturer of the handgun is otherwise
38in compliance with Sections 31900 to 32110, inclusive, the
39Attorney General shall reinstate the handgun model on the roster
40maintained pursuant to subdivision (a) of Section 32015.

begin delete

P7    1(f)

end delete

2begin insert(6)end insert The manufacturer shall provide the Attorney General with
3the complete testing history for the handgun model.

begin delete

4(g)

end delete

5begin insert(7)end insert Notwithstanding subdivision (a) of Section 32020, the
6Attorney General may, at any time, further retest any handgun
7model that has been reinstated to the roster.

begin insert

8(b) (1) A handgun model removed from the roster for any reason
9not specified in subdivision (d) of Section 32020, including, but
10not limited to, a failure to pay the annual fee specified in Section
1132015, may be reinstated on the roster if all of the following are
12met:

end insert
begin insert

13(A) The manufacturer petitions the Attorney General for
14reinstatement of the handgun model.

end insert
begin insert

15(B) The testing is conducted in the same manner as the testing
16prescribed in Sections 31900 and 31905.

end insert
begin insert

17(C) The manufacturer provides the Attorney General with the
18complete testing history of the handgun model.

end insert
begin insert

19(2) A handgun model reinstated pursuant to this subdivision
20shall only be required to meet the definitional requirements of
21Section 31910 to avoid being considered an “unsafe handgun” as
22of the date the handgun model was originally submitted for testing
23before it was removed from the roster.

end insert
begin insert

24(3) If the handgun successfully passes testing for reinstatement,
25the Attorney General shall reinstate the handgun model on the
26roster maintained pursuant to subdivision (a) of Section 32015.

end insert
27begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 32030 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

28

32030.  

(a) begin insert(1)end insertbegin insertend insertA firearm shall be deemed to satisfy the
29requirements of subdivision (a) of Section 32015 if another firearm
30made by the same manufacturer is already listed and the unlisted
31firearm differs from the listed firearm only in one or more of the
32following features:

begin delete

33(1)

end delete

34begin insert(A)end insert Finish, including, but not limited to, bluing, chrome-plating,
35oiling, or engraving.

begin delete

36(2)

end delete

37begin insert(B)end insert The material from which the grips are made.

begin delete

38(3)

end delete

39begin insert(C)end insert The shape or texture of the grips, so long as the difference
40in grip shape or texture does not in any way alter the dimensions,
P8    1material, linkage, or functioning of the magazine well, the barrel,
2the chamber, or any of the components of the firing mechanism
3of the firearm.

begin delete

4(4)

end delete

5begin insert(D)end insert Any other purely cosmetic feature that does not in any way
6alter the dimensions, material, linkage, or functioning of the
7magazine well, the barrel, the chamber, or any of the components
8of the firing mechanism of the firearm.

begin delete

9(b)

end delete

10begin insert(2)end insert Any manufacturer seeking to have a firearm listed under
11thisbegin delete sectionend deletebegin insert subdivisionend insert shall provide to the Department of Justice
12all of the following:

begin delete

13(1)

end delete

14begin insert(A)end insert The model designation of the listed firearm.

begin delete

15(2)

end delete

16begin insert(B)end insert The model designation of each firearm that the manufacturer
17seeks to have listed under thisbegin delete sectionend deletebegin insert subdivisionend insert.

begin delete

18(3)

end delete

19begin insert(C)end insert A statement, under oath, that each unlisted firearm for which
20listing is sought differs from the listed firearm only in one or more
21of the ways identified inbegin insert paragraph (1) ofend insert subdivision (a) and is
22in all other respects identical to the listed firearm.

begin delete

23(c)

end delete

24begin insert(3)end insert The department may, in its discretion and at any time, require
25a manufacturer to provide to the department any model for which
26listing is sought under this section, to determine whether the model
27complies with the requirements of this section.

begin insert

28(b) (1) Notwithstanding subdivision (a), a firearm shall be
29deemed to satisfy the requirements of subdivision (a) of Section
3032015 if another firearm made by the same manufacturer is already
31listed and the unlisted firearm meets all of the following
32requirements:

end insert
begin insert

33(A) The firearm possesses the same make and model designation
34as the listed firearm.

end insert
begin insert

35(B) The firearm is of the same caliber and has the same barrel
36 length as the listed firearm.

end insert
begin insert

37(C) The firearm is identical to the listed firearm except as
38follows:

end insert
begin insert

39(i) A part of the firearm has been redesigned so that it does not
40have the same dimensions as the previous part.

end insert
begin insert

P9    1(ii) A part of the firearm is made using a different manufacturing
2technique than a previous part.

end insert
begin insert

3(iii) A part of the firearm is made out of a different material
4than a previous part.

end insert
begin insert

5(iv) The firearm includes any other noncosmetic change not
6specified in subdivision (a).

end insert
begin insert

7(2) A manufacturer seeking to have a firearm deemed to satisfy
8the requirements of subdivision (a) of Section 32015 pursuant to
9this subdivision shall provide the Department of Justice with a
10declaration, under oath, stating the nature of the difference
11described in subparagraph (C) of paragraph (1) and that the
12firearm differs from the previous version only in the manner
13specified. Only one declaration may be submitted per change.

end insert
begin insert

14(3) The department may, in its discretion and at any time,
15require a manufacturer to provide to the department any model
16for which listing is sought under this subdivision, to determine
17whether the model complies with the requirements of this
18subdivision. The department may, in its discretion and at any time,
19subject any model submitted pursuant to this paragraph to retesting
20pursuant to Section 32020. If the handgun model fails retesting,
21the Attorney General shall remove the handgun model from the
22roster maintained pursuant to subdivision (a) of Section 32015. If
23a handgun is removed from the roster pursuant to this paragraph,
24it may be reinstated pursuant to Section 32025.

end insert
begin insert

25(4) In addition to the other provisions of this subdivision, a
26manufacturer of a firearm that has already been modified as
27specified in paragraph (1) as of January 1, 2015, is not in violation
28of Section 32000 if the manufacturer complies with the
29requirements of this section and submits the firearm to be tested
30pursuant to Sections 31900 and 31905 no later than March 31,
312015.

end insert
begin insert

32(5) A firearm deemed to satisfy the requirements of subdivision
33(a) of Section 32015 pursuant to this subdivision shall only be
34required to meet the definitional requirements of Section 31910
35to avoid being considered an “unsafe handgun” as of the date the
36similar listed firearm was originally submitted for testing.

end insert
37begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 32110 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

38

32110.  

Article 4 (commencing with Section 31900) and Article
395 (commencing with Section 32000) shall not apply to any of the
40following:

P10   1(a) The sale, loan, or transfer of any firearm pursuant to Chapter
25 (commencing with Section 28050) of Division 6 in order to
3comply with Section 27545.

4(b) The sale, loan, or transfer of any firearm that is exempt from
5the provisions of Section 27545 pursuant to any applicable
6exemption contained in Article 2 (commencing with Section 27600)
7or Article 6 (commencing with Section 27850) of Chapter 4 of
8Division 6, if the sale, loan, or transfer complies with the
9requirements of that applicable exemption to Section 27545.

10(c) The sale, loan, or transfer of any firearm as described in
11paragraph (3) of subdivision (b) of Section 32000.

12(d) The delivery of a pistol, revolver, or other firearm capable
13of being concealed upon the person to a person licensed pursuant
14to Sections 26700 to 26915, inclusive, for the purposes of the
15service or repair of that firearm.

16(e) The return of a pistol, revolver, or other firearm capable of
17being concealed upon the person by a person licensed pursuant to
18Sections 26700 to 26915, inclusive, to its owner where that firearm
19was initially delivered in the circumstances set forth in subdivision
20(a), (d), (f), or (i).

21(f) The delivery of a pistol, revolver, or other firearm capable
22of being concealed upon the person to a person licensed pursuant
23to Sections 26700 to 26915, inclusive, for the purpose of a
24consignment sale or as collateral for a pawnbroker loan.

25(g) The sale, loan, or transfer of any pistol, revolver, or other
26firearm capable of being concealed upon the person listed as a
27curio or relic, as defined in Section 478.11 of Title 27 of the Code
28of Federal Regulations.

29(h) The sale, loan, or transfer of any semiautomatic pistol that
30is to be used solely as a prop during the course of a motion picture,
31television, or video production by an authorized participant therein
32in the course of making that production or event or by an authorized
33employee or agent of the entity producing that production or event.

34(i) The delivery of a pistol, revolver, or other firearm capable
35of being concealed upon the person to a person licensed pursuant
36to Sections 26700 to 26915, inclusive, where the firearm is being
37loaned by the licensee to a consultant-evaluator.

38(j) The delivery of a pistol, revolver, or other firearm capable
39of being concealed upon the person by a person licensed pursuant
P11   1to Sections 26700 to 26915, inclusive, where the firearm is being
2loaned by the licensee to a consultant-evaluator.

3(k) The return of a pistol, revolver, or other firearm capable of
4being concealed upon the person to a person licensed pursuant to
5Sections 26700 to 26915, inclusive, where it was initially delivered
6pursuant to subdivision (j).

begin insert

7(l) The sale, loan, or transfer of any pistol, revolver, or other
8firearm capable of being concealed upon the person by a person
9licensed pursuant to Sections 26700 to 26915, inclusive, if all of
10the following requirements are met:

end insert
begin insert

11(1) The licensee is in lawful possession of the firearm.

end insert
begin insert

12(2) The firearm was previously listed on the roster pursuant to
13Section 32015, but was removed from the roster for any reason
14not specified in Section 32020.

end insert
begin insert

15(3) The licensee possessed the firearm within this state for
16purposes of sale before the firearm was removed from the roster.

end insert
begin insert

17(4) The licensee notified the department, on a form provided by
18the department, of the number of firearms meeting the criteria of
19paragraphs (1) to (3), inclusive, within 30 days of the firearm
20being removed from the roster.

end insert
21begin insert

begin insertSEC. 5.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
22Section 6 of Article XIII B of the California Constitution because
23the only costs that may be incurred by a local agency or school
24district will be incurred because this act creates a new crime or
25infraction, eliminates a crime or infraction, or changes the penalty
26for a crime or infraction, within the meaning of Section 17556 of
27the Government Code, or changes the definition of a crime within
28the meaning of Section 6 of Article XIII B of the California
29Constitution.

end insert

All matter omitted in this version of the bill appears in the bill as amended in the Senate, March 19, 2014. (JR11)



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