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AB-450 Firearms: concealed carry license.(2015-2016)

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Enrolled  August 31, 2016
Passed  IN  Senate  August 17, 2016
Passed  IN  Assembly  August 30, 2016
Amended  IN  Senate  August 02, 2016
Amended  IN  Senate  June 22, 2016
Amended  IN  Senate  June 09, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill No. 450


Introduced by Assembly Member McCarty
(Coauthor: Assembly Member Cooley)

February 23, 2015


An act to amend Section 26190 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 450, 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. 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.
This bill would 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 26190 of the Penal Code is amended to read:

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 shall charge an additional fee in an amount equal to the actual costs for processing the application for a new license, and the reasonable costs of issuing the license and enforcement of the license, including any required notices, excluding fingerprint and training costs 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.