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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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Old 12-16-2020, 4:09 AM
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Default 2021 SB 81 Skinner - Firearms: licensed firearm dealers (Placeholder)

https://leginfo.legislature.ca.gov/f...=202120220SB81

First "gun bill" of the new year. Currently a placeholder to be amended at a point in the future, but as the title says will cover licensed firearm dealers, and if the section highlighted by the bill is correct the change will have to do with where licensed firearm dealers can conduct business.

Will edit this post and title in the future (or if I don't, Librarian can).

Last edited by BeAuMaN; 12-16-2020 at 4:11 PM..
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Old 12-16-2020, 6:56 AM
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So it begins...
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Old 12-16-2020, 7:08 AM
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They just put in a couple "place holders" knowing for sure they will "need" to have some gun bills despite no obvious issue at the time they created this bill. Wouldn't be a senate session without them I suppose. So a bill that is set to answer a question that has yet to be asked or a problem that has yet to present itself. Why do this, to lock in the bill number?
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Old 12-16-2020, 10:12 AM
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Originally Posted by AregularGuy View Post
They just put in a couple "place holders" knowing for sure they will "need" to have some gun bills despite no obvious issue at the time they created this bill. Wouldn't be a senate session without them I suppose. So a bill that is set to answer a question that has yet to be asked or a problem that has yet to present itself. Why do this, to lock in the bill number?
This probably isn't the only bill that Skinner is putting placeholders for. I imagine Skinner and their staff has an agenda on what bills they plan to pass, and the bills are in different states of being a finished first draft. Might as well submit them all while they're at it, placeholders and finished draft bills.

As to why submit now: I imagine it's convenience and perhaps something to do with timing on deadlines.

Of course, I could be wrong. Someone with experience on capitol hill probably has a better idea.
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Old 12-16-2020, 12:03 PM
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It's also true that, absent some other maneuvering, bills are taken up in bill-number order.

Why file bills? "We're Doing Something, about a Problem, y'know?"
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Old 12-16-2020, 3:23 PM
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The text of SB 81.

These efforts are called "Spot Bills" as they hold a "spot" on the legislative calendar. They can be amended to any subject "germane" to the original issue.

This is the first year of a two-year session, and Members are allowed a limited number of pieces of legislation and there is a limited total number of bills which can be introduced during the two-year session. It's kind of like lining up the cars at the Indy 500.

Spot bills do serve a major purpose. They announce the legislator's availability to support legislation in a particular area. That draws support and money. They can also negotiate dropping the bill to allow another member's bill go through, but the other member will have to trade some other favor.

Let the games begin!
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Old 12-16-2020, 6:47 PM
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Quote:
Originally Posted by Dvrjon View Post
The text of SB 81.

These efforts are called "Spot Bills" as they hold a "spot" on the legislative calendar. They can be amended to any subject "germane" to the original issue.

This is the first year of a two-year session, and Members are allowed a limited number of pieces of legislation and there is a limited total number of bills which can be introduced during the two-year session. It's kind of like lining up the cars at the Indy 500.

Spot bills do serve a major purpose. They announce the legislator's availability to support legislation in a particular area. That draws support and money. They can also negotiate dropping the bill to allow another member's bill go through, but the other member will have to trade some other favor.

Let the games begin!

Very interesting and revealing. Cunning legislators indeed. Thanks for the insight!
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Old 12-16-2020, 7:32 PM
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Quote:
Originally Posted by Dvrjon View Post
The text of SB 81.

These efforts are called "Spot Bills" as they hold a "spot" on the legislative calendar. They can be amended to any subject "germane" to the original issue.

This is the first year of a two-year session, and Members are allowed a limited number of pieces of legislation and there is a limited total number of bills which can be introduced during the two-year session. It's kind of like lining up the cars at the Indy 500.

Spot bills do serve a major purpose. They announce the legislator's availability to support legislation in a particular area. That draws support and money. They can also negotiate dropping the bill to allow another member's bill go through, but the other member will have to trade some other favor.

Let the games begin!
Ah, that's the legislative mechanics I was looking for. Thanks for that!
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Old 12-16-2020, 8:13 PM
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Originally Posted by AregularGuy View Post
They just put in a couple "place holders" knowing for sure they will "need" to have some gun bills despite no obvious issue at the time they created this bill. Wouldn't be a senate session without them I suppose. So a bill that is set to answer a question that has yet to be asked or a problem that has yet to present itself. Why do this, to lock in the bill number?
It's called an intent bill. Generally speaking they have an idea of what they want to do but haven't flushed all the details out yet. Typically, the code section remains throughout.
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Old 12-16-2020, 8:14 PM
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Originally Posted by Librarian View Post
It's also true that, absent some other maneuvering, bills are taken up in bill-number order.

Why file bills? "We're Doing Something, about a Problem, y'know?"
This is not accurate. Bill numbers have nothing to do with when they are taken up.
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Old 12-16-2020, 8:16 PM
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Quote:
Originally Posted by Dvrjon View Post
The text of SB 81.

These efforts are called "Spot Bills" as they hold a "spot" on the legislative calendar. They can be amended to any subject "germane" to the original issue.

This is the first year of a two-year session, and Members are allowed a limited number of pieces of legislation and there is a limited total number of bills which can be introduced during the two-year session. It's kind of like lining up the cars at the Indy 500.

Spot bills do serve a major purpose. They announce the legislator's availability to support legislation in a particular area. That draws support and money. They can also negotiate dropping the bill to allow another member's bill go through, but the other member will have to trade some other favor.

Let the games begin!
Almost accurate except there is no hard limit to the number of bills that can be introduced. Authors might be asked to pair them down at some point.
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Old 12-16-2020, 9:17 PM
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Originally Posted by Lanejsl View Post
Almost accurate except there is no hard limit to the number of bills that can be introduced. Authors might be asked to pair them down at some point.
I would invite your attention to HR 1 Section 49.
Quote:
Resolved by the Assembly of the State of California, That the following Rules be, and the same are hereby, adopted as the Standing Rules of the Assembly for the 2019Ė20 Regular Session; and be it further
Resolved, That these rules shall govern the operations of the Assembly.

STANDING RULES OF THE ASSEMBLY
2019Ė20 REGULAR SESSION

Assembly General Officers Limitation on the Introduction of Bills

49.(a) A Member may introduce not more than 50 bills in the regular session. As used in this rule, ďbillĒ includes a constitutional amendment, but does not include a concurrent or joint resolution.
(b) This rule may be suspended with respect to a particular bill by approval of the Committee on Rules.
This is identical to the 2020 Rule.

The Senate didnít reconvene in December, so the Rules Committee hasnít been formed. However, itís a safe bet that the rules will include the 2019-2020 Senate Resolution 4, Section 22.5:
Quote:
Resolved by the Senate of the State of California, That the following rules be, and the same are hereby adopted as, the Standing Rules of the Senate for the 2019Ė20 Regular Session:

STANDING RULES OF THE SENATE

Bill Introduction Limitation

22.5.(a) A Member of the Senate may introduce or subsequently author not more than 40 bills in the regular session.
(b) This rule may be suspended with respect to a particular bill by approval of the Committee on Rules.
(c) This rule does not apply to a constitutional amendment, any type of resolution, or a bill introduced by a committee.
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Old 12-16-2020, 10:12 PM
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Originally Posted by Dvrjon View Post
Spot bills do serve a major purpose. They announce the legislator's availability to support legislation in a particular area. That draws support and money. They can also negotiate dropping the bill to allow another member's bill go through, but the other member will have to trade some other favor.
I wanted to expand a bit on my previous comment. While the above is viable for legislators who play at a sophisticated level, there are two other ways these bills get set.

The Administration (Constitutional Officers, I.e.: Governor; AG; Treasurer, etc.) has developed a legislative agenda and approaches legislators to carry their bills to change laws (think Assault Weapons). In the early stages, they wonít have specific language drafted, so theyíll ďopenĒ a section of code with a simplistic administrative or grammatical change to the language. Staff, consultants and other parties then draft the legislation for the legislator. The legislator gains by getting a bill to run without having to do much work. Also, they curry favor with the Administration Office they are helping which translates to power.

Finally, a special interest group (think Giffords of gun control) may approach a sympathetic legislator to sponsor a bill supporting their cause. The interest group supplies all of the lobbying expertise, writing of the bill and support for it. They may also find that itís reasonable to contribute to the re-election campaign for this fine legislator.

Once any of the above is in play, the bill becomes a tool to angle for position and barter for influence.
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Old 12-17-2020, 8:46 AM
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I'll take 500 for Newsom signing every single gun control bill in 2021.
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Old 12-17-2020, 9:30 AM
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I would invite your attention to HR 1 Section 49.This is identical to the 2020 Rule.

The Senate didnít reconvene in December, so the Rules Committee hasnít been formed. However, itís a safe bet that the rules will include the 2019-2020 Senate Resolution 4, Section 22.5:
I stand corrected but I've never seen that limit reached. Also a rule waiver would lift that limit and would be no biggie to do with a super majority.
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Old 01-04-2021, 10:06 AM
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My apologies for not completing this round-up, but life intervened. As the Legislature sets up to reconvene, I sense the need to clarify some information provided in the discussion.

Is there a limit to the number of bills a legislator may introduce in a session?

Yes. There are limits set in place under Assembly Rule 49.(a), "A Member may introduce not more than 50 bills in the regular session", and Senate Rule 22.5.(a)* "A Member of the Senate may introduce or subsequently author not more than 40 bills in the regular session". Each Rule allows for contingencies to exceed the overall limit in specified circumstances if authorized by that House's Committee on Rules. *2019-2020 Senate Rule is provided as the Senate has not yet convened as of this writing.

Are authors asked to "pare down" the number of bills they introduced as the session moves forward?

No. However, an author may be approached to hold or withdraw a bill to allow other legislation to move forward. The author would expect a quid pro-quo. But they are not told they have too many bills and must reduce their number.

Are bills taken up in bill-number order?

Yes. Bill numbers have everything to do with how bills are taken up.

When a bill is submitted, it receives the next available number from the Clerk of the introducing House. The bill immediately receives its "First Reading" which means it was taken up in it's assigned numerical order. See: Across the Desk, and First Reading.

Thereafter, when bills are assigned to committees, the bills are processed by number in order. When they are then placed on the agenda of various committees for hearing, they are placed in numerical order. Here's an example of an Assembly committee agenda, and a Senate committee agenda showing the order in which the bills before each committee will be taken up.

(Committees may entertain requests of personal privilege by authors to take an issue out of order, but that is seldom done as it screws up other members, sponsors and the public who intend to testify in front of the committee on the bill.)

Is there a difference between a "Spot Bill" and an "Intent Bill"?

Yes. A Spot Bill opens a specific piece of code and makes non-substantive changes to the text, and can be later amended to any subject "germane" to the original issue. The official definition of a Spot Bill can be found here.

Examples:

The text of SB 81 shows it to be a Spot Bill. Here's an excerpt showing the only change to the language:
Quote:
26805. (a) [...]
(b) (1) [...]A person conducting business pursuant to this subdivision shall be is entitled to conduct business as authorized herein[...].
That's it..."shall be" is changed to "is". That holds the spot in the statute.

An "Intent Bill" doesn't need to open any section of code. It merely states an intent by the Legislature to do something. AB 107 is a perfect example:
Quote:
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. It is the intent of the Legislature to enact future legislation relating to temporary licenses within the Department of Consumer Affairs for military spouses.
That's it. The Legislative Counsel read that and created a generalized summary (Digest) of what it means, but there isn't anything there except the intent. There is no code section involved, so it doesn't have a "spot". It's pure intent.

Some bills may also include other statements or "findings" by the Legislature and include them, but that's intended to attract Co-Authors and support. Proposition 63 (although neither a Spot nor an Intent Bill) provides an example of how bad this can get....14 Declarations and Findings; 9 Statements of Purpose and Intent.

The intent statement may or may not survive the amendment process, but it often does as an un-codified piece of law which records the fundamental intent of the Legislature for future review and analysis.

OK, so those are the basic process issues. Governor's Budget is due for release on the 10th and the Assembly reconvenes on the 11th.

Gentlepersons, start your engines.

Enjoy the ride.
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Old 02-09-2021, 12:51 AM
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On 2/8/2021 this bill was gutted and amended, changing to a bill concerning "Sentencing: dismissal of enhancements". As such, whatever this bill was to be specifically, it no longer shall be (at least in this bill).
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Old 02-09-2021, 7:50 AM
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On 2/8/2021 this bill was gutted and amended, changing to a bill concerning "Sentencing: dismissal of enhancements". As such, whatever this bill was to be specifically, it no longer shall be (at least in this bill).
off of FFLs and onto sentencing enhancements. Letís hope that social justice measures continue to supplant gun control this year.
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Old 02-09-2021, 9:21 AM
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While Iím glad there will be one less firearms related bill this year, Iím equally worried that the bill will attempt to turn the entire state into George Gasconís Los Angeles
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Old 02-09-2021, 5:41 PM
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The new bill allows an enhanced sentencing to be dismissed if you used an unloaded gun or the gun was inoperable.
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Old 02-09-2021, 6:48 PM
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While Iím glad there will be one less firearms related bill this year, Iím equally worried that the bill will attempt to turn the entire state into George Gasconís Los Angeles
Sentencing enhancements could very will still be gun related bills...
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Old 02-09-2021, 7:03 PM
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While Iím glad there will be one less firearms related bill this year, Iím equally worried that the bill will attempt to turn the entire state into George Gasconís Los Angeles
Don't worry some leftist Democrat will make up for this one.
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Old 03-16-2021, 12:50 PM
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This bill is being discussed in the Public Safety Commitee TODAY.

The meeting is currently in session. Here is the video link,

https://www.senate.ca.gov/media/sena...ideo?id=184094
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Old 03-16-2021, 1:00 PM
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Public comments number 844-291-6364
code # 6542897
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Old 03-16-2021, 1:41 PM
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They're presenting SB-81 now in the Public Safety Committee.
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Old 03-16-2021, 2:24 PM
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Skinner claims most California's own guns, and carry them in their cars. Hmm.
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