BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 1006            
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          |Author:    |Wolk                                                 |
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          |Version:   |February 10, 2016                       Hearing      |
          |           |Date:    March 16, 2016                              |
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          |Urgency:   |No                     |Fiscal:    |  Yes            |
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          |Consultant:|Olgalilia Ramirez                                    |
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          Subject:  Firearm Violence Research Center


           NOTE  :   This bill has been referred to the Committees on  
          Education and Public Safety.  A "do pass" motion should include  
          referral to the Committee on Public Safety.

            SUMMARY
          
          This bill requests that the Regents of the University of  
          California (UC) establish the California Firearm Violence  
          Research Center (Center) for purposes of conducting research  
          related to firearm violence and its prevention.

            BACKGROUND
          
          The California Constitution establishes the UC, a public trust  
          to be administered by the Regents of the UC and grants the  
          Regents full powers of organization and government, subject only  
          to such legislative control as may be necessary to insure  
          security of its funds, compliance with the terms of its  
          endowments, statutory requirements around competitive bidding  
          and contracts, sales of property and the purchase of materials,  
          goods and services.  (Article IX, Section (9)(a) of the  
          California Constitution)

          Current law further provides that the statutes related to UC  
          (and most other aspects of the governance and operation of UC)  
          are applicable only to the extent that the Regents of UC make  
          such provisions applicable. (Education Code § 67400)







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            ANALYSIS
          
          This bill:

          1)   Requests that the UC Regents establish the Center for  
               purposes of conducting research related to firearm violence  
               and its prevention.

          2)   States the legislative intent that the administration of  
               the Center be consistent with all of the following  
               principles:

                    a)             Works to address the nature,  
                    consequences, and prevention of firearm violence, as  
                    described. 

                    b)             Conducts research that provides  
                    scientific evidence for which violence prevention  
                    policies and programs can be based.

                    c)             Identifies, implements, and evaluates  
                    innovative prevention policies and programs with  
                    policymakers and state agencies. 

                    d)             Recruits and provides specialized  
                    training opportunities for new researchers, as  
                    specified. 

          3)   States the legislature's intent to appropriate funds to a  
               Firearm Research Center Account for purposes specified in  
               the bill and further:

               a)        Authorizes the Center to seek additional federal,  
               state or private funds.

               b)        Requires that the Center administer a grant  
               program that provides for:

                           i)                  An open, competitive peer  
                         review process modeled after the National  
                         Institute of Health's granting making process. 

                           ii)     A process by which all qualified  








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                         investigators have equal access to compete for  
                         funds.

                           iii)    Reimbursement of awardees for full cost  
                         of conducting the sponsored research consistent  
                         with federal guidelines governing all federal  
                         research grants and contracts.  
                
          4)   States legislative intent that the University of California  
               (UC) report, on or before December 31, 2017, and every 5  
               years thereafter, specified information regarding the  
               activities of the Center and information pertaining to  
               research grants.  

          5)   Requires state agencies to comply with data requests  
               initiated by the Center only to the extent permitted by  
               current law. 

          6)   Requires that the Center provide copies of its research  
               publications to the Legislature and certain state agencies.

          7)   Makes a number of findings and declarations relative to the  
               effects of firearm violence on public health and safety and  
               the need for expanded research efforts and more funding. 

          8)   Provides that these provisions are applicable to UC only if  
               the Board of Regents, by resolution, makes it applicable. 

          STAFF COMMENTS
          
          1)   Need for the bill.  According to the author, congress has  
               blocked funding for firearm violence research thereby  
               creating a gap in information related to this field of  
               study. Provisions within federal appropriations prohibit  
               the Centers for Disease Control and Prevention (CDC) from  
               using funds to advocate or promote gun control. This bill  
               seeks to fill a void in research by requesting that the UC  
               establish a Firearm Violence Research Center to be funded  
               by an appropriation from the state. 

          2)   Related activities at University of California (UC).  It  
               appears there are various independent and university based  
               institutes that concentrate on firearm violence research  
               throughout the state including the Violence Prevention  








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               Research Program at the University of California, Davis  
               (UCD). Specifically, the UCD program focuses on research  
               and policy development with particular emphasis on the  
               causes, consequences, and prevention of violence. There may  
               be others within the UC who engage in this field of study  
               but nothing as structured or comparable to the program at  
               UCD. Provided that the UC agrees to implement the  
               provisions in this bill, it is plausible for UCD or any  
               other UC campus to be a candidate for hosting the Center. 

          3)   Is a bill necessary?  Aside from the multiple benefits, an  
               initiative like a Firearm Violence Research Center may  
               offer in the areas of violence prevention and information  
               based on scientific evidence, it would seem that  
               legislation is unnecessary to request that the UC establish  
               a center given the UC's constitutional autonomy as noted in  
               the background of this analysis. According to the author,  
               the state legislature is positioned to benefit from this  
               type of program and should funding be appropriated to the  
               UC for the stated purpose, it is incumbent upon the  
               Legislature to establish intent and goals for those funds  
               through legislation. 

          4)   Grant program.  This bill requires the Center to administer  
               a grant program and further provides for reimbursement to  
               awardees to cover the full cost of conducting sponsored  
               research that is consistent with federal guidelines  
               governing all federal research grants and contracts.   
               Consistent with the author's request, staff recommends that  
               the bill be amended as follows:

               a)        Delete Penal Code section 14231(8) related to  
                    reimbursement described above. 

               b)        Clarify that the Center administer a small grant  
                    program to supplement its work. 

          5)   Related legislation.  AB 2600 (Lackey, 2015) requests the  
               UC Regents to establish the California Institute for  
               Aerospace and appropriates a specified amount of dollars  
               from the General Fund to the Regents for the implementation  
               of the bill.  AB 2600 is pending referral in the Assembly. 

            SUPPORT








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          California Chapter of the American College of Emergency  
          Physicians
          California College and University Policy Chiefs Association 
          California Psychiatric Association
          Dave Jones, Insurance Commissioner
          Violence Prevention Coalition of Orange County
          United States Senator, Dianne Feinstein 
          Several Individuals


            OPPOSITION
          
          California Sportsman's Lobby 
          Firearms Policy Coalition 
          Outdoors Sportsmen's Coalitional of California 
          Safari Club International 


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