Amended in Senate August 2, 2016

Amended in Senate June 22, 2016

Amended in Senate June 9, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 450

Introduced by Assembly Member McCarty

begin insert

(Coauthor: Assembly Member Cooley)

end insert

February 23, 2015

An act to begin delete add Section 26157 to end delete begin insert amend Section 26190 of end insert the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 450, as amended, McCarty. Firearms: concealed carry license.

Existing law authorizes specified local law enforcement agencies to issue to an applicant a license to carry a concealed firearm if certain requirements are met, including, among others, that the applicant has good cause for the license. begin insert Existing law allows the licensing authority of any city, city and county, or county to charge a fee in an amount equal to the actual costs for processing the application for a new license, not to exceed $100. end insert

This bill would begin delete require local agencies issuing those licenses to charge an applicant a fee sufficient to cover the reasonable costs of issuing and enforcement of the license. end delete begin insert instead require the local licensing authority to charge the fee and would additionally require the fee to include the costs of issuing the license and enforcement of the license. The bill would delete the prohibition on charging more than $100. end insert

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 26190 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

26190.  

(a) (1) Each applicant for a new license or for the
renewal of a license shall pay at the time of filing the application
a fee determined by the Department of Justice. The fee shall not
exceed the application processing costs of the Department of
Justice for the direct costs of furnishing the report required by
Section 26185.

(2) After the department establishes fees sufficient to reimburse
the department for processing costs, fees charged shall increase at
a rate not to exceed the legislatively approved annual cost-of-living
adjustments for the department’s budget.

(3) The officer receiving the application and the fee shall
transmit the fee, with the fingerprints if required, to the Department
of Justice.

(b) (1) The licensing authority of any city, city and county, or
county begin delete may end delete begin insert shall end insert charge an additional fee in an amount equal to
the actual costs for processing the application for a new license,
begin insert and the reasonable costs of issuing the license and enforcement
of the license, end insert including any required notices, excluding fingerprint
and training begin delete costs, but in no case to exceed one hundred dollars
($100), end delete begin insert costs end insert and shall transmit the additional fee, if any, to the
city, city and county, or county treasury.

(2) The first 20 percent of this additional local fee may be
collected upon filing of the initial application. The balance of the
fee shall be collected only upon issuance of the license.

(c) The licensing authority may charge an additional fee, not to
exceed twenty-five dollars ($25), for processing the application
for a license renewal, and shall transmit an additional fee, if any,
to the city, city and county, or county treasury.

(d) These local fees may be increased at a rate not to exceed
any increase in the California Consumer Price Index as compiled
and reported by the Department of Industrial Relations.

(e) (1) In the case of an amended license pursuant to Section
26215, the licensing authority of any city, city and county, or
county may charge a fee, not to exceed ten dollars ($10), for
processing the amended license.

(2) This fee may be increased at a rate not to exceed any increase
in the California Consumer Price Index as compiled and reported
by the Department of Industrial Relations.

(3) The licensing authority shall transmit the fee to the city, city
and county, or county treasury.

(f) (1) If psychological testing on the initial application is
required by the licensing authority, the license applicant shall be
referred to a licensed psychologist used by the licensing authority
for the psychological testing of its own employees. The applicant
may be charged for the actual cost of the testing in an amount not
to exceed one hundred fifty dollars ($150).

(2) Additional psychological testing of an applicant seeking
license renewal shall be required only if there is compelling
evidence to indicate that a test is necessary. The cost to the
applicant for this additional testing shall not exceed one hundred
fifty dollars ($150).

(g) Except as authorized pursuant to this section, no requirement,
charge, assessment, fee, or condition that requires the payment of
any additional funds by the applicant, or requires the applicant to
obtain liability insurance, may be imposed by any licensing
authority as a condition of the application for a license.

begin delete

SECTION 1.  

Section 26157 is added to the Penal Code, to
read:

26157.  

The sheriff, chief, or other head of a municipal police
department issuing a license pursuant to Section 26150 or 26155
shall charge an applicant for the license a fee sufficient to cover
the reasonable costs of issuing and enforcement of the license.

end delete