BILL NUMBER: AB 2662	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 14, 2014

INTRODUCED BY   Assembly Member Gatto

                        FEBRUARY 21, 2014

   An act to add  Section 10156 to the Public Utilities Code,
relating to the Silver Lake Reservoir.   Chapter 4
(commencing with Section 34020) to Division 11 of Title 4 of Part 6
of the Penal Code, relating to firearms. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2662, as amended, Gatto.  Silver Lake Reservoir:
drainage: civil penalty.   Firearms: buy-back programs.
 
   Existing law generally requires a law enforcement officer to issue
a receipt when the officer takes a firearm into custody. Existing
law requires that a firearms transaction be conducted through a
licensed firearms dealer if neither party to the transaction holds a
dealer's license. Existing law exempts several firearms transfers
from the requirement to conduct the transaction through a dealer,
including the transfer of a firearm to an authorized representative
of a government entity as part of an authorized, voluntary program in
which the government entity is buying or receiving weapons from
private individuals.  
   This bill would require a city, county, city and county, or state
government entity operating a voluntary firearm buy-back program, as
defined, to process functioning handguns received pursuant to the
program by either performing ballistics testing, a firearms trace, or
by cataloging and storing the handgun, as specified. The bill would
except antique firearms, as defined, from these provisions. 

   Under existing law, a municipality or municipal corporation may
operate as a public utility to supply its own water service.
 
   This bill would require, if the Los Angeles Department of Water
and Power drains the Silver Lake Reservoir and the reservoir is not
filled with water to at least 80% of its water capacity within 18
months of being drained, the Los Angeles Department of Water and
Power to pay a civil penalty in the amount of $100,000 per week for
each week that the Silver Lake Reservoir is not filled with water to
at least 80% of its water capacity to the City of Los Angeles to
mitigate the effects of the drainage of the Silver Lake Reservoir on
the Silver Lake neighborhood.  
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the Silver Lake Reservoir.

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


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Chapter 4 (commencing with Section
34020) is added to Division 11 of Title 4 of Part 6 of the  
Penal Code   , to read:  
      CHAPTER 4.  VOLUNTARY FIREARMS BUY-BACK PROGRAM BALLISTICS
TESTING


   34020.  (a) A city, city and county, county, or state
government-operated voluntary firearm buy-back program shall process
each functioning handgun it receives by one of the following methods:

   (1) Perform a ballistics test and submit the results to the
National Integrated Ballistics Information Network.
   (2) Perform a ballistics test and retain the results.
   (3) Perform a firearms trace through the Bureau of Alcohol,
Tobacco, Firearms and Explosives National Tracing Center.
   (4) Catalog and store the firearm.
   (b) For purposes of this chapter, a "voluntary firearm buy-back
program" means a program or event in which an authorized
representative of a city, city and county, county, or the state buys
or receives firearms from the public for purposes of reducing the
number of firearms in the community.
   (c) This chapter shall not apply to an antique firearm as
described in subdivision (c) of Section 16170.  
  SECTION 1.    Section 10156 is added to the Public
Utilities Code, to read:
   10156.  (a) If the Los Angeles Department of Water and Power
drains the Silver Lake Reservoir, the reservoir shall be filled with
water to at least 80 percent of its water capacity within 18 months
of being drained.
   (b) If the reservoir is not filled as required pursuant to
subdivision (a), the Los Angeles Department of Water and Power shall
pay a civil penalty in the amount of one hundred thousand dollars
($100,000) per week, for each week that the reservoir is not filled
with water to at least 80 percent of its water capacity, to the City
of Los Angeles to mitigate the effects of the drainage of the Silver
Lake Reservoir on the Silver Lake neighborhood.
   (c) Funds paid pursuant to subdivision (b) shall not be payable
from rate-payer funds.  
  SEC. 2.    The Legislature finds and declares that
a special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances
surrounding the Silver Lake Reservoir and the effects drainage of the
reservoir would have on the surrounding community.