BILL NUMBER: AB 450 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 2, 2016
AMENDED IN SENATE JUNE 22, 2016
AMENDED IN SENATE JUNE 9, 2016
INTRODUCED BY Assembly Member McCarty
( Coauthor: Assembly Member
Cooley )
FEBRUARY 23, 2015
An act to add Section 26157 to amend
Section 26190 of the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 450, as amended, 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 require local agencies issuing those
licenses to charge an applicant a fee sufficient to cover the
reasonable costs of issuing and enforcement of the license.
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.
State-mandated 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 may 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, but in no case to exceed one hundred dollars ($100),
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.
SECTION 1. Section 26157 is added to the Penal
Code, to read:
26157. The sheriff, chief, or other head of a municipal police
department issuing a license pursuant to Section 26150 or 26155 shall
charge an applicant for the license a fee sufficient to cover the
reasonable costs of issuing and enforcement of the license.