LEGISLATIVE AFFAIRS REPORT-2022
2022 Legislative Report
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2022 Legislative Report:
SUPPORT
AB 334: Mullen: Workers’ compensation: skin cancer
Position: Support
Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law provides, among other things, that skin cancer developing in active lifeguards, as defined, is presumed to arise out of and in the course of employment, unless the presumption is rebutted.
This bill would expand the scope of those provisions to certain peace officers of the Department of Fish and Wildlife and the Department of Parks and Recreation.
Status: 1/31/22 Failed to pass committee/ Dead for 2022 session
AB 1753: Gallagher: Fish and wildlife: poaching: penalties (reintroduced AB 645 for 2022)
Position: Support
Restores Fish & Game Code related penalties impacted by AB 1950 enacted 2020 session
Existing law provides that a person who takes, possesses, imports, exports, sells, purchases, barters, trades, or exchanges a bird, fish, mammal, reptile, amphibian, or part of any of those animals, for profit or personal gain is guilty of a misdemeanor punishable by a fine between $5,000 to $40,000, or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. Existing law makes a second violation punishable by a fine between $10,000 to $50,000, or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.
This bill would increase the minimum fine for a second violation from $10,000 to $15,000.
04/22/22: Did not make first committee deadline / Dead for 2022
AB 1688: Fong. Firearms.
Position: Support
Existing law, subject to exceptions, generally makes it an offense to manufacture or sell an unsafe handgun, as defined, and requires the Department of Justice to compile a roster listing all of the handguns that have been tested and determined not to be unsafe handguns. Existing law establishes criteria for determining if a handgun is an unsafe handgun, including, for firearms manufactured after a certain date and not already listed on the roster, the lack of a chamber load indicator, magazine disconnect mechanism, and technology that transfers a microscopic array of characters from the firearm to the cartridge case when the firearm is fired, known as a microstamp. Existing law requires the Department of Justice to remove 3 firearms from the existing roster that are not compliant with current requirements for every one new compliant firearm that is added to the roster.
This bill would remove the microstamping requirement for a firearm to be included on the handgun roster and would remove the requirement for the department to remove 3 firearms from the roster for each new firearm added.
Status: 03/15/22: Set for Assembly Public Safety/Pulled at request of author/ Dead for 2022
AB 2033: Smith. Firearms: licenses to carry concealed firearms.
Position: Support
Existing law authorizes the sheriff of a county or a chief or other head of a police department of a city or a city and county to issue a license to carry a concealed firearm upon proof that the person applying for the license is of good moral character, that good cause exists for the issuance, that the applicant satisfies specified residency requirements, and that the applicant has completed a course of specified training. Under existing law, a license issued to carry a concealed firearm is generally valid for any period of time not to exceed 2 years.
This bill would make a license issued to carry a concealed firearm valid for any period of time not to exceed 5 years. The bill would make conforming changes.
Status: 04/26/22: Set for re-vote Assembly Public Safety / Failed / Dead for 2022
AB-2344 Wildlife connectivity: transportation projects
Position: Support (Extension of CRPA Bill 395)
The bill would require Caltrans to develop a programmatic environmental review process with appropriate state and federal regulatory agencies for remediating barriers to wildlife movement that will streamline the permitting process for wildlife crossing projects. The bill would require Caltrans to complete assessments of potential barriers to wildlife movement before commencing any project that uses state or federal transportation funds and that is located in an area identified as a connectivity area or a natural landscape area in the wildlife connectivity action plan. The bill would require Caltrans to submit these assessments to DFW. The bill would also require projects to be constructed without presenting barriers to fish and wildlife movement. Coalition Seeking funding for SB 395.
Status: 6/29/22: Passed by & re-referred to Senate Appropriations Committee
SB 370: Dodd: Wildlife: Big Game Management Account: uses
Position: Support
This bill would authorize the department the flexibility needed make grants to, reimburse, or enter into contracts or other agreements with public and private entities, including nonprofit organizations, and federally recognized Indian tribes for the use of the funds from the Big Game Management Account in the best interest of science based wildlife management.
Status: 006/30/22: Sent to Governor’s Desk for Signing
SB 831: Cortese: Entertainment productions: firearms: safety.
Position: Support
This bill would prohibit a live gun, functioning gun-like weapon, and blank ammunition containing gunpowder or other explosive charge on entertainment productions for certain purposes, including rehearsal, filming of an on-camera sequence, or other development of content, except under specified conditions. The bill would require a qualified armorist, prop or property master, or designee handling a firearm to have completed certain training in firearms and have a specified permit for the use of the firearm.
This bill would prohibit live ammunition, as defined, from being permitted on film, television, and commercial sets, except in limited circumstances, including while filming a reality television project that uses firearms and live ammunition and follows certain safety rules and laws. The bill would require an employer to ensure that any employee in proximity to the use of firearms on set completes a specific firearm training or equivalent training, as prescribed. The bill would establish exemptions from its provisions for specified registered security guards and peace officers.
Status: 05/16/22: Held in Senate Appropriations Committee/Dead for 2022
SB 865: Dodd. Junior hunting licenses: age of eligibility.
Position: Support
Under existing law, a hunting license grants the privilege to take birds and mammals. Existing law requires the Department of Fish and Wildlife to issue an annual hunting license upon payment of a specified fee that varies in amount depending on whether the applicant is a resident of the state Existing law requires the department to issue a reduced-fee annual hunting license, known as a junior hunting license, upon payment of a specified fee, to a resident or nonresident who is under 16 years of age on July 1 of the licensing year for which that person seeks a license.
This bill would increase the age of eligibility for an applicant for a reduced-fee junior hunting license from 16 to 18 years of age, as specified. The bill would also make related conforming changes.
Status: 06/28/22: Passed by & re-referred to Assembly Appropriations Committee
SB 945: Laird: Falconry: American peregrine falcon
Position: Support
This bill would exempt the capture, possession, or training of an American peregrine falcon in the practice of falconry from the prohibitions in the fully protected bird statute.
Status: 06/28/22: Passed by & re-referred to Assembly Appropriations Committee
SB 1386: Melendez. Firearms: concealed carry licenses.
Position: Support
Existing law authorizes the sheriff of a county, or the chief or other head of a municipal police department, if good cause exists for the issuance, and subject to certain other criteria, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified.
This bill would instead require the sheriff of a county, or the chief or other head of a municipal police department, if good cause exists for the issuance, and subject to certain other criteria, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified.
Status: 05/26/22: Failed to pass house of origin / Dead for 2022
ASSEMBLY OPPOSE
AB 311: Ward: Firearms: gun shows (Del Mar ONLY)
Position: Oppose
AB 311 will prohibit a vendor at a gun show or event from possessing, displaying, offering to sell, selling, or transferring any firearm precursor parts. The bill would make a violation of these provisions a misdemeanor punishable by a fine not to exceed $2,000. The bill would prohibit a vendor who has been convicted of a violation of those provisions from participating in any gun show or event in this state for one year after the date of the conviction. The bill would make a violation of that prohibition on participating in any gun show or event a misdemeanor punishable by a fine not to exceed $5,000 and a 5-year prohibition on participating in any gun show or event in the state.
The bill would additionally require a gun show producer, if any vendor at a gun show or event is violating those provisions, to immediately require the vendor to leave the gun show premises, to notify the Department of Justice of the vendor’s conduct, and bar the vendor from attending or participating in the producer’s gun shows for one year.
Status: 7/1/22: To Governor’s Desk
AB 1223: Levine: Firearms and ammunition: excise tax
Position: Oppose
Status: 01/31/22: Did not get off Assembly Floor / Unless reintroduced in new bill, Dead for 2022
AB 1227: Levine: Firearms and ammunition: excise tax
Position: Oppose
Status: 08/01/22: Set for hearing in Senate Appropriations Committee
AB:1594: Ting, Gipson, and Ward: Firearms: civil suits.
Position: Oppose
Existing law defines a public nuisance and provides that a public nuisance may be remedied by an indictment or information, a civil action, or abatement. Existing law also regulates the manufacture, sale, and marketing of firearms.
This bill would specify that a gun industry member has created or maintained a public nuisance, as defined, if their failure to follow federal, state, or local law caused injury or death or if the gun industry member engaged in unfair business practices.
Status: 6/29/22: To Governor’s Desk
AB 1621 Firearms: Gipson: unserialized firearms.
Position: Oppose
This bill would redefine a firearm precursor part as any forging, casting, printing, extrusion, machined body or similar article that has reached a stage in manufacture where it may readily be completed, assembled or converted to be used as the frame or receiver of a functional firearm, or that is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled or converted. This bill would extend the definition of a firearm to include a firearm precursor part for the purposes of most criminal and regulatory provisions related to the possession, sale, and transfer of a firearm, including provisions which do not apply to a frame or receiver under existing law. The bill would repeal provisions relating to the sale of firearm precursor parts through a licensed precursor part vendor, and would prohibit the sale, transfer, or possession of an unserialized firearm precursor part, except as specified.
This bill would repeal those provisions and instead prohibit a person from manufacturing or assembling an unserialized firearm. The bill would require any person in possession of an unserialized firearm to apply to the department for a unique mark of identification and to affix that mark to the firearm before July 1, 2023. The bill would explicitly prohibit the possession or transfer of a firearm without a serial number or mark of identification. The bill would authorize a new resident of the state to, within 60 days after arrival in the state, request a unique mark or identification for any unserialized firearm that is otherwise valid to possess in the state. The bill would also prohibit the possession, sale, or transfer of specified firearms manufacturing equipment, with exceptions for specified entities, including the Armed Forces of the United States, the National Guard, and law enforcement, as specified.
Status: 6/30/22: Signed by Governor
AB 1769: Bennett. Firearms: prohibited places.
Position: Oppose
Existing law generally regulates the sale and transfer of firearms, including, among other things, requiring transactions of firearms to be completed through a licensed firearms dealer. Existing law generally makes a violation of the requirements relating to the sale, lease, or transfer of a firearm a misdemeanor.
Existing law, except as specifically exempted, prohibits an officer, employee, operator, lessee, or licensee of the 32nd District Agricultural Association, as defined, from contracting for, authorizing, or allowing the sale of any firearm, firearm precursor part, or ammunition on the property or in the buildings that comprise the OC Fair and Event Center, as specified.
This bill would enact similar provisions applicable to the 31st District Agricultural Association, as defined, on the property or in the buildings that comprise the Ventura County Fair and Event Center, as specified. Because a violation of this prohibition would be a crime, this bill would impose a state-mandated local program.
Status: 7/1/22: To Governor’s Desk
AB 2156: Wicks: Firearms: manufacturers.
Position: Oppose
Existing federal law requires a manufacturer of firearms to be licensed by the federal government. Existing state law requires any federally licensed firearms manufacturer that produces 50 or more firearms in the state in a calendar year to also be licensed as a manufacturer by the state. A violation of this requirement is punishable as a misdemeanor.
This bill would expand this prohibition to prohibit any person, regardless of federal licensure, from manufacturing firearms in the state without being licensed by the state. The bill would also decrease the manufacturing threshold requiring state licensure from 50 or more firearms in a calendar year to 4 or more firearms in a calendar year.
The bill would also prohibit any person, unless licensed as a firearm manufacturer, from manufacturing any firearm, precursor part, or magazine, by means of a 3D printer, as defined.
Status: 7/1/22: To Governor’s Desk
AB 2552: McCarty. Firearms: gun shows and events.
Position: Oppose
Existing law generally regulates gun shows and events and requires a person producing, sponsoring, operating, or otherwise organizing a gun show or event to possess a valid certificate of eligibility from the Department of Justice. Existing law requires the producer of a gun show or event to post specified notices at each public entrance to the event, and a specified notice in the parking lot. A violation of this requirement or other requirements is punishable as a misdemeanor and makes a person ineligible for a certificate of eligibility for a period of one year.
This bill would require additional notices relating to the storage, handling, purchase, and theft of firearms to be posted at each public entrance to the event. This bill would also double the maximum fines for a violation of this and other requirements and make the person ineligible for a certificate of eligibility for a period of 2 years.
By expanding an existing crime, this bill would impose a state-mandated local program.
Existing law requires a vendor at a gun show or event to make certain certifications, in writing, to the producer, including that they will not display, possess, or offer for sale any firearms, ammunition, knives, or weapons for which possession or sale is prohibited and that they will process any firearm transactions through a licensed dealer.
This bill would additionally require a vendor to certify that they will not display, possess, or offer for sale any unserialized frame or receiver, including an unfinished frame or receiver or any handgun conversion kits, as specified.
Under existing law, a violation of this and other requirements is punishable as an infraction or misdemeanor, as specified.
This bill would add a fine and a suspension from participating as a vendor for a period of one year to the punishment for these violations.
By expanding the application of existing crimes, this bill would impose a state-mandated local program.
Existing law, commencing July 1, 2022, authorizes the Department of Justice to inspect any firearms dealers, ammunition vendors, or manufacturers participating in a gun show or event to ensure that firearms and ammunition transfers or sales are conducted in accordance with applicable state and federal laws.
This bill would, commencing July 1, 2023, require the department to conduct enforcement and inspections at one-half of all gun shows or events in the state to ensure compliance with gun show and event laws. The bill would also require the department to post certain violations discovered on their internet website and would require the department to submit an annual report to the Legislature summarizing their enforcement efforts.
Status: 6/28/22: Pending Third Reading on Assembly Floor
AB 2571: Bauer-Kahan. Firearms: advertising to minors.
Position: Oppose
Existing law generally regulates manufacturers and dealers of firearms. Under existing law, commercial speech or advertising is generally protected under the First Amendment to the Constitution of the United States. Existing laws and regulations, however, restrict the content and placement of advertising and promotional marketing of alcohol, cannabis, and tobacco to protect minors.
This bill would prohibit a firearm industry member, as defined, from advertising or marketing any firearm-related product, as defined, in a manner that is designed, intended, or reasonably appears to be attractive to minors. The bill would also prohibit a firearm industry member from using, disclosing, or compiling a minor’s personal information if it is intended to market or advertise a firearm to that minor, as specified. The bill would impose a civil penalty of up to $25,000 for each violation of these provisions, and would authorize a person harmed by a violation to bring suit to recover any damages suffered, as specified. The bill would make each copy or republication of marketing or advertising prohibited by these provisions a separate violation. The bill would declare that its provisions are severable, as specified.
This bill would declare that it is to take effect immediately as an urgency statute.
Status: 6/30/22: Signed by Governor
AB 2870: Santiago: Firearms: gun violence restraining orders.
Position: Oppose
Existing law authorizes a court to issue a gun violence restraining order to prohibit a person from purchasing or possessing a firearm or ammunition for a period of one to 5 years, subject to renewal for additional one- to 5-year periods, if the subject of the petition poses a significant danger of self-harm or harm to another in the near future by having a firearm and the order is necessary to prevent personal injury to the subject of the petition or another. Existing law also allows a gun violence restraining order to be issued on an ex parte basis for up to 21 days. Existing law allows a petition for these gun violence restraining orders to be made by a law enforcement officer, or an immediate family member, employer, coworker, or teacher of the subject of the petition.
This bill would additionally allow a petition for these gun violence restraining orders to be made by a faith leader at a religious institution that the subject regularly attends, an individual who has a child in common with the subject, a mandated reporter who has regular interactions with the subject, or a roommate, classmate, or dating partner of the subject of the petition. The bill would expand the family members who can file a petition to include any person related by consanguinity or affinity within the 4th degree who has had substantial and regular interactions with the subject for at least one year.
Status: 08/01/22: Set for hearing in Senate Appropriations Committee
SENATE OPPOSE
SB 505: Skinner. Firearms: liability and insurance.
Position: Oppose
This bill would make a person who owns a firearm strictly civilly liable for each incidence of property damage, bodily injury, or death resulting from the use of their firearm. This bill would provide that strict liability does not apply if the owner of the firearm has reported their firearm to local law enforcement as lost or stolen prior to the damage, injury, or death. The bill would additionally require a person who owns a firearm to obtain and continuously maintain in full force and effect a homeowner’s, renter’s, auto, or gun liability insurance policy specifically covering losses or damages resulting from any negligent or accidental use of that firearm, including, but not limited to, death, injury, or property damage. This bill would require a person to keep written evidence of coverage in the place where a firearm is stored and to carry such evidence with them whenever transporting or otherwise possessing the firearm outside of the place where it is stored. The bill would require the person to present evidence of coverage to a peace officer when requested under specified circumstances. By creating new requirements for firearm owners, violations of which would be punishable as misdemeanors, this bill would impose a state-mandated local program.
Status: 08/03/22: Set for hearing in Assembly Appropriations Committee
SB 856: Dodd. Wild pigs: validations.
Position: Oppose
As introduced:
(1) Removes game mammal status of pigs, (2) Eliminates requirement for pig depredation permits, (3)
Allows all-night hunting, (4) Makes high fence (catch & release) pig hunts illegal and (5) Fee structure ridiculously low especially for non-resident hunters and would possibly lead to a decline in revenue for the Big Game Management Account.
1). Pigs though an exotic species are the most successfully harvested large game mammal in California and bring in millions of dollars each year to the Big Game Management Account. These dollars are critical to wildlife management efforts such as habitat improvements and research that benefits important native deer, elk, wild sheep and other native species. While the bill language reclassifies wild pigs as “exotic game mammals”, its unclear how this new designation may affect perceptions by non-hunters and the long-term management of the species.
2) & 3). As presented, this bill will be an enforcement nightmare for CDFW. By removing the depredation permit process and making night hunting legal it makes it virtually impossible for wardens to protect other species like deer and elk for unlawful take at night. It will literally require a warden to catch someone in possession of a dead dear to make the case. That is a huge setback to protection of our already diminishing deer herds. Depredation permits are very easy to obtain, are even given “after the fact”, and seldom if ever denied for pigs. The data generated for DFW by pig depredation permits is also critical to their management and status. Though the bill gives a ‘shout out’ the CDFW SHARE Program, by removing the Depredation Permit requirement it removes all incentive for a landowner to even bother with outside hunters to manage pigs.
4). High fenced hunts are already highly regulated. These hunts provide an opportunity to many including our most deserving wounded warriors, those with special needs, the elderly and youth who are physically unable to handle traditional hunts. For us this is a ‘slippery slope’ as we can easily see planted upland game bird hunts next on the list.
5). As stated, the monies generated by pig tags are critical to wildlife management efforts in California. We support the concept of replacing pig tags with a validation ‘stamp’ but would like to see a non-resident cost much more appropriate with what other states charge. For instance, most states charge well over $250 for a non-resident deer tag. Allowing a non-resident to harvest all the pigs they want for $50 does not seem appropriate, especially given now they pay $75 for one non-resident pig tag. More analysis also needs to be undertaken to ensure that the both resident and non-resident validation fees would not reduce funding for the Big Game Management Account, which is used for habitat projects and hunting opportunities for deer, elk, antelope and bighorn sheep.
Status: 6/29/22: Amended in Assembly Appropriations Committee
SB 906: Portantino. School safety: mass casualty threats: firearm disclosure.
Position: Oppose
This bill would require, on or before January 1, 2023, the State Department of Education, in consultation with the Department of Justice, to develop model content for use by local educational agencies related to a threat or perceived threat of an incident of mass casualties at a school. Using the model content, the bill would require local educational agencies to require the parents or guardians of a pupil to disclose whether any firearms are located at the home of the pupil and to answer questions about the ownership, storage, and accessibility by the pupil of the firearms. The bill would require local educational agencies to include information related to the safe storage of firearms in the annual notification provided to the parents or guardians of a pupil. If a school official is alerted to or observes any threat or perceived threat of an incident of mass casualties at a school, the bill would require a report of the threat or perceived threat to be immediately made to law enforcement and the Department of Justice. The bill would require a school or local educational agency, in consultation with law enforcement, to conduct immediately an investigation and threat assessment, as specified. The bill would require the investigation and threat assessment to include a review of the parent or guardian’s firearm disclosure information and a search of the pupil and pupil’s property located at the school site if there is reasonable suspicion that a search will result in discovery of a firearm or other evidence that the pupil has or is violating the law or the school’s safety rules or policies. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
Status: 7/5/22: To Governor’s Desk
SB 915: Min. Firearms: state property.
Position: Oppose
Existing law generally regulates the sale and transfer of firearms, including, among other things, requiring transactions of firearms to be completed through a licensed firearms dealer. Existing law generally makes a violation of the requirements relating to the sale, lease, or transfer of a firearm a misdemeanor.
Existing law, except as specifically exempted, prohibits an officer, employee, operator, lessee, or licensee of the 32nd District Agricultural Association, as defined, from contracting for, authorizing, or allowing the sale of any firearm, firearm precursor part, or ammunition on the property or in the buildings that comprise the OC Fair and Event Center, as specified.
This bill would, except as exempted, prohibit a state officer or employee, or operator, lessee, or licensee of any state-owned property, from contracting for, authorizing, or allowing the sale of any firearm, firearm precursor part, or ammunition on state property, as specified. Because a violation of this prohibition would be a crime, this bill would impose a state-mandated local program.
Status: 08/03/22: Set for hearing in Assembly Appropriations Committee
SB 918: Portantino. Firearms.
Position: Oppose
Existing law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. Existing law authorizes the sheriff of a county, or the chief or other head of a municipal police department, if good cause exists for the issuance, and subject to certain other criteria, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified.
This bill would add the requirement that the applicant be the recorded owner, with the Department of Justice, of the pistol, revolver, or other firearm capable of being concealed upon the person. The bill would require an issuing authority, prior to that issuance, renewal, or amendment to a license, if it has direct access to a system designated by the department, to determine if the applicant is the recorded owner of the pistol, revolver, or other firearm. The bill would require an issuing authority without access to that system to confirm the ownership with the sheriff of the county in which the agency is located.
Status: 7/1/22: To Governor’s Desk
SB 1327: Hertzberg. Firearms: private rights of action.
Position: Oppose
Existing law provides that, with certain exceptions, any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, as defined, is guilty of a felony. Existing law also provides that, subject to certain exceptions, a person, corporation, or dealer who sells, supplies, delivers, or gives possession of a firearm precursor part, as defined, is guilty of a crime.
This bill would create a private right of action for any person against any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, or causes to be distributed or transported or imported into the state, keeps for sale or offers or exposes for sale, or gives or lends any firearm lacking a serial number required by law, assault weapon, .50 BMG rifle, or firearm precursor part, subject to certain exceptions, as specified. The bill would make these provisions inoperative upon invalidation of a specified law in Texas, and would repeal its provisions on January 1 of the following year.
This bill would also state that all statutes regulating or prohibiting firearms shall not be construed to repeal any other statute regulating or prohibiting firearms, in whole or in part, unless the statute specifically states that it is repealing another statute. The bill would state that every statute that regulates or prohibits firearms is severable in each application to any particular person or circumstance and that any statute found to be unconstitutional by a court shall remain enforceable as to any application that would not be unconstitutional.
Status: 7/1/22: To Governor’s Desk
SB 1384: Min. Firearms: dealer requirements.
Position: Oppose
Existing law prohibits any person from selling, leasing, or transferring any firearm unless the person is licensed as a firearms dealer, as specified. Existing law prescribes certain requirements and prohibitions for licensed firearms dealers. A violation of any of these requirements or prohibitions is grounds for forfeiture of a firearms dealer’s license.
This bill would require a licensed firearm dealer to have a digital video surveillance system on their business premise and would require that dealer to carry a policy of general liability insurance, as specified. The bill would require a licensee and any employees that handle firearms to annually complete specified training. The bill would require the Department of Justice to develop and implement an online training course, as specified, including a testing certification component.
Status: 6/27/22: Pending third reading on Assembly Floor
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