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Legislative Affairs Report

September 2020 Legislative Report

**The California Assembly is now back from their summer break and many bills are moving forward at a record pace.

California State 2020 Legislature Legislative Session Comes to a Close!

Bills on Governor’s desk:
AB 2362: Muratsuchi: Firearms dealers: conduct of business.
AB 2847: Chiu: Forensic evidence collection. Firearms: unsafe handguns.
SB 914: Portantino: Firearms: hunting exemptions.

Signed by Governor:
SB 118: Committee on Budget: Public Safety

08/20/20: Bills Held in Senate Appropriations dead for 2020:
AB 3030: Kalra: Resource conservation: land and ocean conservation goals.
AB 2106: Aguiar-Curry: Wildlife habitat: Nesting Bird Habitat Incentive Program: upland game bird hunting validation: state duck hunting validation.

Things to note:
Four Big Key Victories in the final days of the 2020 Legislative session:
AB 2532: Irwin: Firearms: gun violence restraining orders… Dead for 2020
AB 3030: Kalra: Resource conservation: land and ocean conservation goals.
SB 217: Recreational and organizational camps. Pulled from committee Dead for 2020!

SUPPORT:

AB 2106: Aguiar-Curry: Wildlife habitat: Nesting Bird Habitat Incentive Program: upland game bird hunting validation: state duck hunting validation.

Position: Support

This bill would raise by $5 the upland game bird hunting validation and the state duck hunting validation fees, as specified, with that $5 to be deposited, and available upon appropriation to the department for the Nesting Bird Habitat Incentive Program, in the Nesting Bird Habitat Incentive Subaccount, which the bill would create in the California Waterfowl Habitat Preservation Account.

Status: Introduced 02/06/20

03/05/20: Legislative Committee support approved/03/12/20 Position approved by board

03/24/20: Set for Asm. Committee on Water Parks and Wildlife (POSTPONED)

05/14/20: Pass Asm. Water Parks & Wildlife 14 to 0 on consent!

06/08/20: Pass Asm. Floor to Senate pending committee assignment

08/05/20: Passed Sen Natural Resources & Water 8 to 0

08/17/20: Senate Appropriations sent to suspense-Dead for 2020 Session. 

AB 2299: Gallagher: Free hunting days

(2018 session, AB 2670 (Kiley) do-over)

Position: Support

This bill would require, rather than authorize, the director to establish 2 free hunting days per year, one in the fall and one in the spring, no later than July 1, 2021. The bill would delete the prohibition requiring a delay in implementation of the above-described provisions.

Status: Introduced 02/14/20

03/05/20: Legislative Committee support approved/03/12/20 Position approved by board

03/12/20: Support letter submitted to author & Asm. Committee on Water Parks and Wildlife

03/24/20: Set for Asm. Committee on Water Parks and Wildlife / dead for 2020

AB 2523: Gray: Fish and Game Commission: youth hunting program: special hunting permits.

Position: Support

This bill would authorize the commission to establish a program to increase opportunities to hunt big game, upland game birds, and migratory game birds for youth with terminal illnesses and youth who lost a parent in service to the state or country. As part of the program, the bill would, among other things, authorize the commission to establish a special hunting permit, in lieu of appropriate tags or validations, that authorizes a youth hunter to take big game, upland game birds, or migratory birds and to authorize a youth hunter to engage in hunting activities that are otherwise prohibited and that are necessary to enable the youth hunter to hunt those animals. The bill would require special hunting permits to be issued free of charge by the department and would require an applicant for a special hunting permit to hold a valid hunting license.

Status: 02/19/20: Bill introduced

03/05/20: Legislative Committee support approved/03/12/20 Position approved by board

03/10/20: support letter submitted to author

04/14/20: Set for Asm. Committee on Water Parks and Wildlife (POSTPONED)

05/14/20: Pass Asm. Water Parks & Wildlife 14 to 0 on consent!

06/03/20: Held in Asm. Appropriations / Dead for 2020 session

AB 3022: Obernolte: Junior hunting licenses: eligibility: age requirement.

Position: Support

This bill would extend the eligibility for a junior hunting license to a person who is under 18 years of age on July 1 of the licensing year until July 1, 2021.

This bill would declare that it is to take effect immediately as an urgency statute.

Status: 02/21/20: Bill introduced

03/05/20: Legislative Committee support approved/03/12/20 Position approved by board

05/14/20: Pass Asm. Water Parks & Wildlife 14 to 0 on consent!

06/02/20: held in Asm. Appropriations / Dead for 2020 session

AB 2665: Mullin: 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: 02/20/20: Bill introduced

03/05/20: Legislative Committee support approved/03/12/20 Position approved by board

03/19/20: Support letter submitted to author

Pending hearing Committee on Insurance -Dead for 2020 session

OPPOSE:

AB 88 / SB 118: Committee on Budget: Public Safety
Position: OPPOSITION 

AB 88 a ‘budget bill’ Was amended to include three significant Second amendment concerns;

(1): redefine ‘assault weapons’ to ban Franklin Armory Title 1 (Before its even delivered in CA!).

(2): Advance implementation of ‘Precursor Parts’ law from 2025 to 2022.

(3): ban joint registration of firearm

Status:

06/22/20: Bill Gut and Amended / Significant Concerns meriting Move to Oppose Position

06/24/20: Opposition recommended to and approved by CRPA Legislative Sub Committee

06/25/20: Opposition letter filed

06/26/20: On Assembly floor / ordered back to Senate

06/29/20: AB 88 / In Senate held at desk…

08/03/20: SB 118 Approved by Governor

AB 2532: Irwin: Firearms: gun violence restraining orders.

POSITION: Oppose

AB 2532 would amend the “Gun Violence Restraining Order” (GVRO) procedures that were created by AB 1014 (2014).  CRPA opposed the current GVRO procedures because they provide a mechanism for an individual to lose the right to keep and bear arms with no due process of law.  AB 2532 will further compound these problems by authorizing a district attorney, county counsel, or city attorney to file a petition on behalf of a law enforcement officer, requesting the issuance or renewal of these orders, and to represent an officer in any subsequent court proceeding related to the issuance or renewal of the order.

Status: 02/19/20: Bill introduced

03/05/20: Legislative Committee oppose approved/03/12/20 Position approved by board

05/11/20: CPRA Opposition Letter Submitted to author & Asm. Public Safety

05/19/20: Pass Asm public Safety 7 to 1

06/03/20: Pass Asm. Appropriations 15 to 0 to Assembly floor

06/10/20: Pass Asm. Floor to Senate pending committee assignment

06/22/20: Opposition letter filed with Senate Public Safety / pending hearing date

08/20/20: Held in Committee dead for 2020

AB 2362: Muratsuchi: Firearms dealers: conduct of business.

2019 session AB 1064 ‘do over’ / 2017 AB 736 ‘do over’!

POSITION: Oppose

Commencing July 1, 2022, AB 2362 would authorize the California Department of Justice (DOJ) to impose a civil fine on licensed firearm dealers not exceeding $1,000 for paperwork violations, and a civil fine not exceeding $3,000 for a violation when the licensee had received written notification from the DOJ regarding the violation and fails to take corrective action, as specified, or the DOJ determines the licensee committed the violation knowingly or with gross negligence.

Status: 02/18/20: Bill introduced

03/05/20: Legislative Committee oppose approved/03/12/20 Position approved by board

05/12/20: Opposition letter submitted to Author and Asm Public Safety

05/19/20: Pass Asm Public Safety 6 to 2

06/03/20: Pass Asm. Appropriations 13 to 5 to Asm Floor

06/10/20: Pass Asm. Floor to Senate pending committee assignment

06/22/20: Opposition letter filed with Senate Public Safety / pending hearing date
08/07/20: Senate PS / passed! ( I was on phone for 5 hours and denied opportunity to testify!)
08/17/20: based on our complaint re-heard in Sen PS set to Sen Appro
08/19/20: Set for Senate Appropriations
08/20/20: Out of Sen Appro to Senate Floor, Party line vote! 5 to 2!
08/31/20: Out of Senate & Assembly to the Governor’s Desk
08/02/20: CRPA veto request letter submitted to the Governor’s office

AB 2618: Gabriel: Firearms: possession by misdemeanant.

POSITION: Oppose

Existing law generally prohibits a person who has been convicted of certain misdemeanors from owning, purchasing, receiving, or possessing a firearm within 10 years of the conviction. Under existing law, a violation of this prohibition is a crime punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding $1,000, or by both that imprisonment and fine. Existing law generally makes it a misdemeanor to carry a concealed firearm, as specified.
This bill would prohibit a person who has been convicted of a misdemeanor for carrying a concealed firearm from possessing a firearm within 10 years of the conviction.

Status: 02/20/20: Bill introduced
03/05/20: Legislative Committee oppose approved/03/12/20 Position approved by board
Pending hearing Asm Public Safety / Dead for 2020

AB 2645: Nazarian: Abused animals: advocates.

POSITION: Oppose

Existing law proscribes various forms of animal abuse and neglect and imposes criminal penalties, including fines and imprisonment, for a violation of those laws. Existing law defines an animal for purposes of those laws.
This bill would authorize a court, upon its own motion or upon request of a party or counsel for a party, to appoint an advocate to represent the interests of an animal that is the subject of criminal proceedings relating to animal abuse or neglect, as specified. The bill would delineate the duties and authority of the advocate and prescribe the procedures for appointing an advocate.

Status: 02/20/20: Bill introduced
03/05/20: Legislative Committee oppose approved/03/12/20 Position approved by board
Active Pending Referral / Dead for 2020

AB 2847: Chiu: Forensic evidence collection. Firearms: unsafe handguns.

POSITION: Oppose 

AB 2847 will revise the criteria for unsafe handguns by requiring the microstamp to be imprinted in one place on the interior of the handgun, and would require the California Department of Justice (DOJ), for every new firearm added to the roster, to remove, three (3) firearms from the roster that are not compliant with current microstamp requirements. Currently the DOJ maintains a roster of handguns certified for sale in the state. Handguns not listed on the roster cannot be purchased form a licensed dealer. For placement on the roster, handguns must be submitted to the DOJ for testing and satisfy certain statutorily requirements. Currently less than 800 guns are on this list, a decrease from a high of approximately 1,400.

Status: 05/04/20: Amended from a ‘Forensic Evidence bill to ‘Unsafe Handgun’ bill!
05/07/20: Legislative committee oppose position approved
05/12/20: CPRA Opposition Letter Submitted to author and Asm. Public Safety
05/19/20: Pass Asm public Safety 5 to 1 (Rep Diep did not vote)
06/03/20: pass Asm. Appropriations 13 to 4 to Asm floor
06/11/20: Pass Asm. floor to Senate pending committee assignment
06/22/20: Opposition letter filed with Senate Public Safety / pending hearing date
07/31/20: Pass Senate Public Safety / 5 to 2 / Party line vote
08/07/20: CRPA Opposition Letter Files Senate Appropriations
08/13/20: Senate Appropriations sent to Suspense file
08/20/20: Out of Sen Appro to Senate floor / Party line vote! 5 to 2!
08/31/20: Out of Senate & Assembly to the Governor’s Desk
08/02/20: CRPA veto request letter submitted to the Governor’s office

AB 3030: Kalra: Resource conservation: land and ocean conservation goals.

POSITION: Oppose

This bill would declare it to be the goals of the state by 2030 to protect at least 30% of land areas and waters within the state; to protect at least 30% of the ocean waters off the coast of the state; and to support regional, national, and international efforts to protect at least 30% of the world’s land areas and waters and 30% of the world’s ocean. The bill would require these goals to be accomplished through an effort that includes specified objectives.
Bill was amended from word ‘Conserve’ to ‘Protect’ … very concerning as ‘Consumptive Use’ specifically hunting and fishing, not covered in bill, represents even more of a threat to marine use. Vague language very concerning.

Status:
05/28/20: Opposition Approved by CRPA HQ
05/28/20: CRPA / Coalition opposition Filed with Assembly Appropriations
05/30/20: Opposition approved by CRPA Legislative Committee
06/03/20: pass Asm. Appropriations 13 to 5 to Asm Floor
06/10/20: Pass Asm. floor to Senate pending committee assignment
07/22/20: CRPA Opposition letter filed with Sen NR&W
08/12/20: Pass Sen. NR&W pending Senate Appropriation
08/19/20: Set Sen Appropriations
08/20/20: Held in Suspense / dead for 2020

AB 3071: Mullin: Lead ammunition: shooting ranges.

POSITION: Oppose

Existing law requires the sale of ammunition to be conducted by or processed through a licensed ammunition vendor. Existing law also requires the use of nonlead ammunition when taking big game mammals, nongame birds, or nongame mammals within the California condor range. Existing law requires the Fish and Game Commission to maintain, by regulation, a public process

to certify ammunition as nonlead ammunition and to establish and annually update a list of certified nonlead ammunition.
This bill would prohibit a sport shooting range or an indoor shooting range, as defined, from selling or giving away ammunition unless that ammunition is certified as nonlead ammunition by the commission. The bill would also prohibit patrons or employees of a sport shooting range or an indoor shooting range from firing ammunition unless it is nonlead certified and would require a sport shooting range and an indoor shooting range to post a specified sign to that effect.

Status: 02/21/20: Bill introduced
03/05/20: Legislative Committee oppose approved//03/12/20 Position approved by board
Active Pending Asm. Water Parks & Wildlife / Dead for 2020

AB 3058: Chu: Firearms: vehicle storage.

POSITION: Oppose

(Last session AB 688 ‘do-over’)
Existing law requires a person, when leaving a handgun in an unattended vehicle, to lock the handgun in the vehicle’s trunk, lock the handgun in a locked container and place the container out of plain view, lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in plain view, or to lock the handgun in a locked toolbox or utility box.
This bill would make these requirements applicable to all firearms and would additionally require the firearm to be secured to the vehicle using a cable or chain and lock or in a locked container that is secured using a cable or chain and lock or that is permanently affixed to the vehicle, as specified. The bill would make these requirements inapplicable to a peace officer who is on duty or on call.

Status: 02/21/20: Bill introduced
03/05/20: Legislative Committee oppose approved/03/12/20 Position approved by board
O3/10/20: Opposition letter submitted to Author and Assembly Committee on Public Safety
Active / Pending hearing Asm public Safety / Dead for 2020

Senate Bills

SB 217: Portantino: Recreational and organizational camps.

Position: Oppose

SB 217 would require each camp to obtain a license and pay a fee from a local agency would create significantly more work and expense. Requiring each camp to employ both a camp director and a health director, subject to specific requirements, would similarly increase costs. These costs would then necessarily either be passed onto the participants, many of whom are already struggling to afford the camp experience, or have to be absorbed by the nonprofit—which typically operates on a very limited budget. In addition to authorizing a local agency to shut a camp down for a variety of reasons, please note that the bill requires both the State Public Health Officer and State Fire Marshall to adopt additional rules and regulations governing the operation of recreational camps than what is already provided for in state law.
Additionally, SB 217 would require that all buildings meet additional construction standards, would also significantly increase costs, discourage new camps from opening and shut down

some current camps at least temporarily. SB 217 also goes so far as to mandate a certain ratio of camp counselors vs. students of a certain age cohort; this provision is arbitrary and would furthermore increase costs.

Status:
07/23/20: Oppose Position Recommend
07/24/20: opposition Position Approved by board
07/27/20: Opposition letter submitted to Assembly Health
08/04/20: Set in Assembly Committee on Health / pulled from committee DEAD for 2020

SB 281: Wiener: Cow Palace Joint Powers Authority.

Position: Oppose

This bill would prohibit the sale of firearms and ammunition on any property owned, occupied, operated, or controlled by the 1-A District Agricultural Association, or by another state agency, for district or association purposes, and, on and after January 1, 2020, on the real property known as the Cow Palace, as specified.
Status:
O2/27/19: Opposition position approved by Board
03/04/19: Opposition Letter Submitted to Author
03/04/19: Opposition letter Submitted to Senate Public Safety
03/13/19: Opposition Letter Submitted to Senate Gov & Finance
03/27/19: Pass Senate Gov & Finance vote 4 to 2 referred to Sen Committee on G.O
04/09/19: set Sen. Governmental Organization
04/23/19: Passed Sen Public Safety
05/06/19: Senate Appropriations / hearing canceled at request of author / Bill Dead for 2019
01/21/20: Pass Senate Appropriations 5 to 2
01/27/20: Pass Senate floor 27 to 11 / ordered to Assembly
01/30/20: CRPA opposition letter filed Asm. Public Safety
07/30/20: Pending hearing Asm. Local Government
08/20/20: Held in Committee dead for 2020

SB 914: Portantino: Firearms: hunting exemptions.

POSITION: Oppose

This bill would require Department of Justice (DOJ) to define a valid and unexpired hunting license.
Additionally, his bill would require the DOJ, for sales of firearms to persons under 21 years of age who are eligible to purchase a firearm based upon their possession of a hunting license, to confirm the validity of the hunting license as part of the background check.

Status:
02/03/20: Bill introduced / to committee on RLS for assignment
03/12/20: Position approved by board
05/12/20: due to significant Amendments Oppose position recommended and approved
05/20/20: Pass Senate Public Safety 5 – 1 – 1
06/09/20: Hearing Senate Appropriations / held is suspense
06/18/20: Pass Senate Appropriations to Senate Floor
06/22/20: Pass Senate Floor to Assembly 29-1
07/23/20: Opposition letter filed with Asm. Public Safety

08/05/20: Assembly Public Safety / passed party line vote!

08/07/20: Opposition Letter Filed with Assembly Appropriations

08/11/20: Set for Assembly Appropriations / Sent to Suspense / to be heard 08/20/20

08/20/20: Out of Assembly Appro to Assembly floor

08/31/20: Out of Senate & Assembly to the Governor’s Desk

08/04/20: CRPA veto request letter submitted to the Governor’s office.

SB 1041: Hueso: Hunting: deer: use of dogs.

POSITION: Oppose 

This bill would make it unlawful to use any dog for the purpose of hunting deer at any time.

Additionally, SB 1041 as introduced will authorize the department to capture or dispatch a dog being used to hunt deer! Yes, dispatch = kill your dog on the spot and Department employee shall face no criminal or civil liability as a result of enforcement of this section.

Status: 02/18/20: Introduced

03/05/20: Legislative Committee oppose approved/03/12/20 Position approved by board

03/12/20: Opposition letter submitted to Senate Committee on Water & Natural Resources

03/24/20: Set for Sen Natural Resources & Water (POSTPONED)

Active / Pending hearing Senate NR&W / Dead for 2020

SB 1175: Stern: Iconic African Species Protection Act.

And…. Significant amendments 5/13/20 to include:

SB1175: Animals: prohibitions on importation and possession of wild animals: live animal markets.

(2018 session SB 1487 ‘do over’)

POSITION: Oppose

This bill would enact the Iconic African Species Protection Act and would prohibit the possession of specified African species and any part, product, or the dead body or parts thereof, including, but not limited to, the African elephant or the black rhinoceros, by any individual, firm, corporation, association, or partnership within the State of California, except as specified for, among other things, use for educational or scientific purposes by a bona fide educational or scientific institution, as defined.

The bill would provide that any person who violates the provisions of the act is subject to a civil penalty of not less than $5,000 or more than $40,000 for each violation. The bill would require that the civil penalties imposed pursuant to the act be deposited in the Fish and Game Preservation Fund. By creating new crimes, the bill would impose a state-mandated local program.

“Iconic African species” means any species or subspecies of the following members of the animal kingdom: African elephant (Loxodonta Africana and Loxodonta cyclotis), African lion (Panthera leo), leopard (Panthera pardus), black rhinoceros (Diceros bicornis), white rhinoceros (Ceratotherium simum), giraffe (Giraffa camelopardalis), Jentink’s duiker (Cephalophus jentinki), plains zebra (Equus quagga), mountain zebra (Equus zebra), hippopotamus (Hippopotamus amphibius), and striped hyena (Hyaena hyaena), this includes any part, product, or the dead body or parts thereof, excluding fossils, whether or not included in a manufactured product or in a food product of any species protected by this part.

Significant amendments 05/13/20: Now in addition to banning ‘African Iconic’ it is now a ‘wet market bill’!

This bill would require the Department of Fish and Wildlife to immediately suspend any authorization to import a wild animal species into the state when the evidence suggests zoonotic transmission from this species, or a closely related species, could be responsible for a novel, readily transmissible human disease in order to protect the public health. The bill would prohibit the department from authorizing the importation of any individual animals of a wild animal species that could be responsible for zoonotic transmission of a readily transmissible human disease until a robust testing protocol is implemented to ensure that all individual animals subject to an authorization are not carriers. The bill would also authorize the department to take additional measures pursuant to its authority related to wild animal species necessary to protect the public health. The bill would require the department, as applicable, to revise the list of animals that may not be imported or transported into this state that the department is required to publish from time to time as changes arise.

This bill would prohibit the operation of a live animal market. The bill would require that a first violation of this prohibition result in a written warning and a 2nd or subsequent violation be punishable as an infraction, as specified.

Status: 02/20/20: Introduced

03/05/20: Legislative Committee oppose approved/03/12/20 Position approved by board

03/10/20: Opposition letter submitted to Senate Committee on Water & Natural Resources

05/13/20: Significant Amendments (see above)

05/26/20: pass 5 to 1; Senate Committee on Water Parks & Wildlife

Pending Assignment Senate Appropriations

06/18/20: Pass Senate Appropriations to Senate Floor

06/26/20: Pass Senate Floor Party line vote! To Assembly!

07/03/20: Opposition letter filed ASM Water, Parks & Wildlife

08/04/20: Pass ASM Water, Parks & Wildlife (BROKEN system / Complaint pursued)

08/07/20: Opposition Letter filed Asm. Committee on Appropriation

08/11/20: Set of Asm. Appropriations / sent to suspense / to be heard 08/20/20

08/20/20: Out of Assembly Appro. to Assembly Floor

08/31/20: Out of Assembly to Senate Floor

08/31/20: Clock Ran Out at Midnight! Bill not concurred on Senate Floor Dead for 2020!