railroader
Member
They added a few changes. I think they changed the name and also added if you try to buy ammo out of state that the fee also applies to that ammo for usage and storage. How are they going to tax you for out of state purchases? This whole bill is a load of crap.
BILL TEXT: AB 992
AMENDED IN ASSEMBLY MAY 5, 2003
AMENDED IN ASSEMBLY APRIL 22, 2003
INTRODUCED BY Assembly Members Ridley-Thomas and Koretz
(Coauthors: Assembly Members Goldberg and Nunez)
(Coauthor: Senator Soto)
FEBRUARY 20, 2003
An act to add Chapter 2.8 (commencing with Section 12330) to Title
2 of Part 4 of the Penal Code, relating to ammunition, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 992, as amended, Ridley-Thomas. Ammunition: Trauma
Center Firearm Victims' Reimbursement Fund.
Existing law generally regulates the sale of ammunition.
This bill would impose a fee of 10
on every munition, as defined, sold at retail. The fees would be
paid to the State Board of Equalization, and deposited in the Firearm
Injuries Medical Services Victims'
Reimbursement Fund, a continuously appropriated fund that would be
established by the bill. The Firearm Injuries Medical
Services Victims' Reimbursement Fund would be
used to pay for firearm-injury related
medical and preventative services programs victims for
uncompensated pecuniary losses , as specified. The
funds in the Firearm Injuries Medical Services Reimbursement Fund
would be allocated by the Emergency Medical Services Authority to the
medical providers by a specified formula. A By
establishing a continuously appropriated fund, this bill would make
an appropriation.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 2.8 (commencing with Section 12330) is added to
Title 2 of Part 4 of the Penal Code, to read:
CHAPTER 2.8. FIREARMS-RELATED EMERGENCY SERVICES
REIMBURSEMENT FIREARM VICTIMS' REIMBURSEMENT FUND
12330. (a) (1) There shall be imposed a fee upon all munitions
sold at retail at the rate of 10 cents ($0.10) for each munition sold
at retail in this state on or after January 1, 2004.
(2) Except as provided in paragraph (1), the fee shall also be
imposed upon and paid by the purchaser of munitions for munitions
purchased outside of the state and that are intended to be stored or
used in the state.
(3) The fee imposed pursuant to this section shall not exceed the
costs authorized for expenditure pursuant to subdivisions (f) and
(g).
(b) The fees imposed by this section shall be administered and
enforced by the State Board of Equalization.
(c) For purposes of this section, "munition" means either a
finished munition product consisting of a projectile with its fuse,
propelling charge, or primer, or a primer component, as applicable.
"Munition" does not include a BB or a pellet commonly used in an air
rifle or pistol.
(d) The fee provided for in this section may not be imposed upon
any munition or primer component purchased by any peace officer
required to carry a firearm while on duty, or by any governmental law
enforcement agency employing that officer, for use in the normal
course of employment.
(e) All amounts required to be paid to the state under this
section shall be paid to the State Board of Equalization in the form
of remittances that are payable to that board and are separate from
the remittance of any other fee. The board shall transmit the
payments to the Treasurer to be deposited in the State Treasury to
the credit of the Firearm Injuries Medical Services
Victims' Reimbursement Fund, which is hereby
created.
(f) Notwithstanding Section 13340 of the Government Code, the
Firearm Injuries Medical Services Victims'
Reimbursement Fund is continuously appropriated, without regard
to fiscal years, as follows:
(1) To the State Board of Equalization the to pay for the board's
cost of implementation and administration of this section, which
cost in any fiscal year may not exceed 5 percent of the total amount
of moneys deposited in the fund in that fiscal year.
(2) The balance to the Emergency Medical Services Authority
(EMSA). EMSA may expend an amount not to exceed 5 percent of the
total amount of moneys received from the board in any fiscal year to
pay for cost of implementation and administration of this section.
(g) Claims for the uncompensated costs of firearms injuries shall
be submitted to EMSA. EMSA is authorized to expend money from the
Firearm Injuries Medical Services Reimbursement Fund to provide
direct payments, on a quarterly basis, for firearm-injury related
medical and preventive program services, as defined by EMSA for
claims made to EMSA for reimbursement. Reimbursement shall be made
in descending order of priority for the following three tiers. No
payment shall be made to claimants in a lower tier unless all claims
in a tier with higher priority have been satisfied.
(1) Tier 1 shall have the highest priority for reimbursement, and
shall consist of physicians, surgeons, and hospitals. Reimbursement
may be made for the uncompensated cost of serving patients who do not
make full payment for services and for whom no responsible third
party makes full payment. Reimbursement may also be made for the
uncompensated costs of programs to prevent gunshot injuries.
(2) Tier 2 shall have the next level of reimbursement priority,
and shall consist of other medical service providers, as determined
by EMSA, for the uncompensated cost of serving patients who do not
make full payment for services and for whom no responsible third
party makes full payment.
(3) Tier 3 shall have the next level of reimbursement priority,
and shall consist of other medical insurance programs administered by
the state. Reimbursement shall be in an amount proportionate to the
program's funding form non-federal sources, for the uncompensated
cost of serving patients who do not make full payment for services
and for whom no responsible third party makes full payment.
(h) If EMSA determines that the claims for payment for firearm
injuries-related medical services, if paid, would exceed the total
amount of funds available for payments, EMSA shall fairly prorate,
without preference, except for the priority of tiers set forth in
subdivision (g), payments to each claimant at an amount less that the
maximum payment level.
(i) Claimants shall reimburse the Firearm Injuries Medical
Services Reimbursement Fund for any reimbursement for firearm
injuries costs that is later paid from some other source.
(j)
(2) The fund shall be administered by the California Victims
Compensation and Government Claims Board in a similar manner and for
similar purposes as the board administers the Restitution Fund except
that it shall not be limited to victims of crime.
(3) The fund shall compensate those persons who are injured by
firearms and who suffer uncompensated pecuniary loss.
(g) If the amount credited to the Firearm Injuries
Medical Services Victims' Reimbursement Fund
exceeds the amount necessary to fully cover reimbursable costs
pursuant to subdivision (g) (f) , the
State Board of Equalization shall temporarily adjust, for the
following one-year period, the fee to be charged pursuant to
subdivision (a) to an amount estimated to deplete any surplus in the
fund during the next calendar year.
(k)
(h) Except as provided in subdivision (j)
(g) , the fee imposed pursuant to subdivision (a) shall
be increased by one cent every two years, commencing January 1, 2006,
provided however, that fee imposed pursuant to this section shall
not exceed the costs authorized for expenditure pursuant to
subdivisions (f) and (g) subdivision (f) .
(l)
(i) The Board of Equalization and the Emergency
Medical Services Authority California Victims
Compensation and Government Claims Board shall adopt
regulations necessary to implement this chapter.
--------------------------------------------------------------------------------
BILL TEXT: AB 992
AMENDED IN ASSEMBLY MAY 5, 2003
AMENDED IN ASSEMBLY APRIL 22, 2003
INTRODUCED BY Assembly Members Ridley-Thomas and Koretz
(Coauthors: Assembly Members Goldberg and Nunez)
(Coauthor: Senator Soto)
FEBRUARY 20, 2003
An act to add Chapter 2.8 (commencing with Section 12330) to Title
2 of Part 4 of the Penal Code, relating to ammunition, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 992, as amended, Ridley-Thomas. Ammunition: Trauma
Center Firearm Victims' Reimbursement Fund.
Existing law generally regulates the sale of ammunition.
This bill would impose a fee of 10
on every munition, as defined, sold at retail. The fees would be
paid to the State Board of Equalization, and deposited in the Firearm
Injuries Medical Services Victims'
Reimbursement Fund, a continuously appropriated fund that would be
established by the bill. The Firearm Injuries Medical
Services Victims' Reimbursement Fund would be
used to pay for firearm-injury related
medical and preventative services programs victims for
uncompensated pecuniary losses , as specified. The
funds in the Firearm Injuries Medical Services Reimbursement Fund
would be allocated by the Emergency Medical Services Authority to the
medical providers by a specified formula. A By
establishing a continuously appropriated fund, this bill would make
an appropriation.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 2.8 (commencing with Section 12330) is added to
Title 2 of Part 4 of the Penal Code, to read:
CHAPTER 2.8. FIREARMS-RELATED EMERGENCY SERVICES
REIMBURSEMENT FIREARM VICTIMS' REIMBURSEMENT FUND
12330. (a) (1) There shall be imposed a fee upon all munitions
sold at retail at the rate of 10 cents ($0.10) for each munition sold
at retail in this state on or after January 1, 2004.
(2) Except as provided in paragraph (1), the fee shall also be
imposed upon and paid by the purchaser of munitions for munitions
purchased outside of the state and that are intended to be stored or
used in the state.
(3) The fee imposed pursuant to this section shall not exceed the
costs authorized for expenditure pursuant to subdivisions (f) and
(g).
(b) The fees imposed by this section shall be administered and
enforced by the State Board of Equalization.
(c) For purposes of this section, "munition" means either a
finished munition product consisting of a projectile with its fuse,
propelling charge, or primer, or a primer component, as applicable.
"Munition" does not include a BB or a pellet commonly used in an air
rifle or pistol.
(d) The fee provided for in this section may not be imposed upon
any munition or primer component purchased by any peace officer
required to carry a firearm while on duty, or by any governmental law
enforcement agency employing that officer, for use in the normal
course of employment.
(e) All amounts required to be paid to the state under this
section shall be paid to the State Board of Equalization in the form
of remittances that are payable to that board and are separate from
the remittance of any other fee. The board shall transmit the
payments to the Treasurer to be deposited in the State Treasury to
the credit of the Firearm Injuries Medical Services
Victims' Reimbursement Fund, which is hereby
created.
(f) Notwithstanding Section 13340 of the Government Code, the
Firearm Injuries Medical Services Victims'
Reimbursement Fund is continuously appropriated, without regard
to fiscal years, as follows:
(1) To the State Board of Equalization the to pay for the board's
cost of implementation and administration of this section, which
cost in any fiscal year may not exceed 5 percent of the total amount
of moneys deposited in the fund in that fiscal year.
(2) The balance to the Emergency Medical Services Authority
(EMSA). EMSA may expend an amount not to exceed 5 percent of the
total amount of moneys received from the board in any fiscal year to
pay for cost of implementation and administration of this section.
(g) Claims for the uncompensated costs of firearms injuries shall
be submitted to EMSA. EMSA is authorized to expend money from the
Firearm Injuries Medical Services Reimbursement Fund to provide
direct payments, on a quarterly basis, for firearm-injury related
medical and preventive program services, as defined by EMSA for
claims made to EMSA for reimbursement. Reimbursement shall be made
in descending order of priority for the following three tiers. No
payment shall be made to claimants in a lower tier unless all claims
in a tier with higher priority have been satisfied.
(1) Tier 1 shall have the highest priority for reimbursement, and
shall consist of physicians, surgeons, and hospitals. Reimbursement
may be made for the uncompensated cost of serving patients who do not
make full payment for services and for whom no responsible third
party makes full payment. Reimbursement may also be made for the
uncompensated costs of programs to prevent gunshot injuries.
(2) Tier 2 shall have the next level of reimbursement priority,
and shall consist of other medical service providers, as determined
by EMSA, for the uncompensated cost of serving patients who do not
make full payment for services and for whom no responsible third
party makes full payment.
(3) Tier 3 shall have the next level of reimbursement priority,
and shall consist of other medical insurance programs administered by
the state. Reimbursement shall be in an amount proportionate to the
program's funding form non-federal sources, for the uncompensated
cost of serving patients who do not make full payment for services
and for whom no responsible third party makes full payment.
(h) If EMSA determines that the claims for payment for firearm
injuries-related medical services, if paid, would exceed the total
amount of funds available for payments, EMSA shall fairly prorate,
without preference, except for the priority of tiers set forth in
subdivision (g), payments to each claimant at an amount less that the
maximum payment level.
(i) Claimants shall reimburse the Firearm Injuries Medical
Services Reimbursement Fund for any reimbursement for firearm
injuries costs that is later paid from some other source.
(j)
(2) The fund shall be administered by the California Victims
Compensation and Government Claims Board in a similar manner and for
similar purposes as the board administers the Restitution Fund except
that it shall not be limited to victims of crime.
(3) The fund shall compensate those persons who are injured by
firearms and who suffer uncompensated pecuniary loss.
(g) If the amount credited to the Firearm Injuries
Medical Services Victims' Reimbursement Fund
exceeds the amount necessary to fully cover reimbursable costs
pursuant to subdivision (g) (f) , the
State Board of Equalization shall temporarily adjust, for the
following one-year period, the fee to be charged pursuant to
subdivision (a) to an amount estimated to deplete any surplus in the
fund during the next calendar year.
(k)
(h) Except as provided in subdivision (j)
(g) , the fee imposed pursuant to subdivision (a) shall
be increased by one cent every two years, commencing January 1, 2006,
provided however, that fee imposed pursuant to this section shall
not exceed the costs authorized for expenditure pursuant to
subdivisions (f) and (g) subdivision (f) .
(l)
(i) The Board of Equalization and the Emergency
Medical Services Authority California Victims
Compensation and Government Claims Board shall adopt
regulations necessary to implement this chapter.
--------------------------------------------------------------------------------