BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: SB 1006
-----------------------------------------------------------------
|Author: |Wolk |
|-----------+-----------------------------------------------------|
|Version: |February 10, 2016 Hearing |
| |Date: March 16, 2016 |
-----------------------------------------------------------------
-----------------------------------------------------------------
|Urgency: |No |Fiscal: | Yes |
-----------------------------------------------------------------
-----------------------------------------------------------------
|Consultant:|Olgalilia Ramirez |
| | |
-----------------------------------------------------------------
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)
SB 1006 (Wolk) Page 2
of ?
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
SB 1006 (Wolk) Page 3
of ?
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
SB 1006 (Wolk) Page 4
of ?
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
SB 1006 (Wolk) Page 5
of ?
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
-- END --