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SB-1312 Public safety.(2001-2002)

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SB1312:v91#DOCUMENT

Senate Bill No. 1312
CHAPTER 1106

An act to add Article 6.3 (commencing with Section 8592.9) to Chapter 7 of Division 1 of Title 2 of the Government Code, to amend Section 12305 of the Penal Code, and to amend Section 7 of Assembly Bill 2580, relating to public safety.

[ Filed with Secretary of State  September 29, 2002. Approved by Governor  September 29, 2002. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1312, Peace. Public safety.
(1) Existing law provides for the coordination of state and local public safety agencies and emergency response teams to respond to emergencies. Existing law administered by the Federal Communications Commission authorizes public safety agencies or entities to operate radio communication systems on specified frequencies of the radio spectrum and directs states to oversee interoperability of public safety spectrum.
This bill would provide that, of the amounts received from the federal government for homeland security and appropriated in the Budget Act of 2002, not more than $15,000,000 may be allocated to the security advisor to the Governor for disbursement to state and local government public safety agencies to procure and operate specified radio equipment. It would require each state and local government public safety agency that receives these funds to provide an annual report to the Legislature, as specified.
(2) Existing law requires every dealer, manufacturer, importer, and exporter of any destructive device, or any motion picture or television studio using destructive devices in the conduct of its business, to obtain a permit for the conduct of that business from the Department of Justice. Existing law requires each applicant for a permit to pay an application fee not to exceed the application processing costs of the Department of Justice. Existing law limits the rate at which this fee may increase.
This bill would require the department to annually conduct an inspection, for security and safe storage purposes, and with specified exceptions, of every person, firm, or corporation to whom a permit is issued for destructive devices. The bill would allow the department to set a permit fee sufficient in amount to cover processing costs and the costs of required departmental inspections.
This bill would specify that the cost of these inspections are to be funded through the inspection fees and, if necessary, and only until January 1, 2006, through the Dealers’ Record of Sale Special Account.
This bill would provide that its provisions relating to the operation and funding of inspections for holders of permits for destructive devices would only become operative if AB 2580 is enacted and this bill is enacted after AB 2580.

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


SECTION 1.

 Article 6.3 (commencing with Section 8592.9) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read:
Article  6.3. Public Safety Communications Equipment

8592.9.
 (a) Of the funds received from the federal government for homeland security and appropriated in the Budget Act of 2002, not more than fifteen million dollars ($15,000,000) may be allocated to the security advisor to the Governor for disbursement to state and local government public safety agencies to procure and operate radio equipment that will provide interoperability among state, local, and federal public radio systems. This interoperable radio equipment shall meet the public safety digital communications standards in Suite 102 of the American National Standards Institute and the Telecommunications Information Association.
(b) Each state and local government public safety agency that receives funds pursuant to this section shall report to the Legislature on its progress in implementing this section by January 1 of each year, beginning in 2004, and until all of the funds disbursed pursuant to this section have been expended.
(c) This section shall not be construed to preempt or supercede the development and implementation of public radio communications systems by local governments.

SEC. 2.

 Section 12305 of the Penal Code is amended to read:

12305.
 (a) Every dealer, manufacturer, importer, and exporter of any destructive device, or any motion picture or television studio using destructive devices in the conduct of its business, shall obtain a permit for the conduct of that business from the Department of Justice.
(b) Any person, firm, or corporation not mentioned in subdivision (a) shall obtain a permit from the Department of Justice in order to possess or transport any destructive device. No permit shall be issued to any person who meets any of the following criteria:
(1) Has been convicted of any felony.
(2) Is addicted to the use of any narcotic drug.
(3) Is a person in a class prohibited by Section 8100 or 8103 of the Welfare and Institutions Code or Section 12021 or 12021.1 of this code.
(c) Applications for permits shall be filed in writing, signed by the applicant if an individual, or by a member or officer qualified to sign if the applicant is a firm or corporation, and shall state the name, business in which engaged, business address and a full description of the use to which the destructive devices are to be put.
(d) Applications and permits shall be uniform throughout the state on forms prescribed by the Department of Justice.
(e) Each applicant for a permit shall pay at the time of filing his or her application a fee not to exceed the application processing costs of the Department of Justice. A permit granted pursuant to this article may be renewed one year from the date of issuance, and annually thereafter, upon the filing of a renewal application and the payment of a permit renewal fee not to exceed the application processing costs of the Department of Justice. After the department establishes fees sufficient in amount to cover processing costs, the amount of the fees shall only increase at a rate not to exceed the legislatively approved cost-of-living adjustment for the department.
(f) Except as provided in subdivision (g), the Department of Justice shall, for every person, firm, or corporation to whom a permit is issued pursuant to this article, annually conduct an inspection for security and safe storage purposes, and to reconcile the inventory of destructive devices.
(g) A person, firm, or corporation with an inventory of fewer than five devices that require any Department of Justice permit shall be subject to an inspection for security and safe storage purposes, and to reconcile inventory, once every five years, or more frequently if determined by the department.
(h) Subdivisions (f) and (g) shall not apply to individuals possessing an assault weapon pursuant to a permit issued by the Department of Justice for noncommercial purposes.

SEC. 3.

 Section 7 of Assembly Bill 2580 is amended to read:

SEC. 7.
 The Department of Justice shall establish a schedule of fees to cover the costs of the inspection duties imposed on the department by this act. The fees shall be equitable and shall not exceed the costs of providing the required inspections. The duties imposed on the department by this act are to be funded through inspection fees and, as may be necessary, until January 1, 2006, from the Dealers’ Record of Sale Special Account, unless a later enacted statute, that becomes operative on or before January 1, 2006, deletes or extends that date.

SEC. 4.

 Sections 2 and 3 of this act shall only become operative if Assembly Bill 2580 is enacted and becomes effective on or before January 1, 2003, and this act is enacted after Assembly Bill 2580.