BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          SB 1456 (Nielsen) - Firearms: assault weapons and .50 BMG  
          rifles.
          
          Amended: May 6, 2014            Policy Vote: Public Safety 6-0
          Urgency: No                     Mandate: No
          Hearing Date: May 19, 2014      Consultant: Jolie Onodera
          
          This bill meets the criteria for referral to the Suspense File.


          Bill Summary: SB 1456 would expand the list of peace officers  
          authorized to possess certain assault weapons to include  
          officers employed by the Department of Forestry and Fire  
          Protection (CalFIRE), as specified. 

          Fiscal Impact: Potential costs in excess of $200,000 (Special  
          Fund*/General Fund) to CalFIRE to purchase weapons, safety  
          equipment, recertification and training for officers.

          *State Responsibility Area Fire Prevention Fund 

          Background: Existing law generally makes it a crime to possess,  
          manufacture, distribute, transport, import or keep for sale,  
          offer or expose for sale, or give or lend any assault weapon or  
          .50 BMG rifle. Under existing law, these prohibitions do not  
          apply to the sale to, purchase by, importation by, or possession  
          by, the Department of Justice, the Department of Corrections and  
          Rehabilitation, the Department of Fish and Game, the Department  
          of Parks and Recreation, the California Highway Patrol, the  
          United States military or naval forces, or to any district  
          attorney's office, police department, or sheriff's office.  
          (Penal Code (PC) § 30625)

          Current law authorizes peace officers employed by the agencies  
          listed in PC § 30625 to possess or use assault weapons for law  
          enforcement purposes, whether on or off duty, and to purchase  
          assault weapons with their own money subject to written  
          authorization from the employer. (PC §§ 30630(a)-(b))

          Proposed Law: This bill would add the Department of Forestry and  
          Fire Protection to the list of exempted agencies under PC §  
          30625, thereby authorizing CalFIRE peace officers to possess and  









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          purchase assault weapons.

          Staff Comments: CalFIRE currently employs 175 peace officers, of  
          which 94 officers are authorized to carry firearms. Based on an  
          estimated cost per officer of $2,125 to replace the existing  
          firearm, obtain recertification and training, and purchase  
          appropriate safety equipment for the new weapon, total one-time  
          costs for the 94 officers currently authorized to carry firearms  
          would be about $200,000. To the extent additional officers are  
          subsequently provided this authorization, costs could increase  
          to $375,000 for all officers. Costs would also vary dependent on  
          the type of weapon ultimately purchased.

          While CalFIRE has indicated costs are projected to be paid from  
          the State Responsibility Area Fire Prevention Fund, it is  
          unclear whether this would be an appropriate use of the Fund. 

          Pursuant to Public Resources Code § 4214(a)(2), the moneys  
          collected and available to CalFIRE are to be expended for fire  
          prevention activities<1> that benefit the owners of structures  
          within a state responsibility area who are required to pay the  
          fire prevention fee. All moneys in excess of the costs of  
          administration of the department are to be expended only for  
          fire prevention activities in counties with state responsibility  
          areas.

          ---------------------------
          <1> PRC § 4214(d) provides that moneys in the fund shall be used  
          only for the following fire prevention activities:
          (1) Local assistance grants, as specified.
          (2) Grants to Fire Safe Councils, the California Conservation  
          Corps, or certified local conservation corps for fire prevention  
          projects and activities in the state responsibility areas.
          (3) Grants to a qualified nonprofit organization with a  
          demonstrated ability to satisfactorily plan, implement, and  
          complete a fire prevention project applicable to the state  
          responsibility areas. (4) Inspections by the department for  
          compliance with defensible space requirements around structures  
          in state responsibility areas, as specified.
          (5) Public education to reduce fire risk in the state  
          responsibility areas.
          (6) Fire severity and fire hazard mapping by the department in  
          the state responsibility areas.
          (7) Other fire prevention projects in the state responsibility  
          areas, authorized by the board.









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          To the extent the payment of these costs from the State  
          Responsibility Area Fire Prevention Fund are deemed  
          inappropriate, costs would likely be paid from the General Fund.