BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           1277 (Florez)
          
          Hearing Date:  05/10/2010           Amended: 04/27/2010
          Consultant:  Jacqueline Wong-HernandezPolicy Vote: Public Safety  
          4-3
          _________________________________________________________________ 
          ____
          BILL SUMMARY: This bill requires the Department of Justice (DOJ)  
          to create a registry for people convicted of felony animal abuse  
          offenses, as specified. This bill provides requirements for  
          implementing and enforcing the bill's provisions, related to the  
          creation, operation, and regulations of the registry, and  
          establishes penalties for misuse of registry information. This  
          bill requires specified individuals convicted of felony animal  
          abuse to register for 10 years after the date of conviction;  
          failure to register is punishable as a misdemeanor. 
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2010-11      2011-12       2012-13         Fund
           New DOJ registry                  $750-2,000       
          $750-2,000$300-500            General
          Ongoing DOJ workload               **Unknown, potentially  
          significant**                  General

          Mandate: law enforcement    **Possibly significant reimbursable  
          mandate**     General

          Mandate: county probation  **Likely minor, potentially  
          reimbursable mandate**  General

          Civil penalties                              ***Unknown,  
          possibly significant revenue***     General             
                                                                       
          Local  

          New misdemeanor                  ***Unknown, non-reimbursable  
          local costs***          Local                                     
                                                                            
                   
          _________________________________________________________________ 
          ____











          STAFF COMMENTS: This bill meets the criteria for referral to the  
          Suspense File.

          This bill requires individuals convicted of animal abuse to  
          register with local law enforcement, as specified, for ten years  
          within 10 days of coming into this state or changing his or her  
          residence or location within the state. Failure to register  
          would be punishable as a misdemeanor.

          This bill creates a new program within DOJ, and assigns new  
          duties to local law enforcement and county probation officers.  
          This bill requires DOJ to create a new registry, similar to the  
          sex offender registry created by AB 488 "Megan's Law" (Parra,  
          2004) within the DOJ, which provides specified information about  
          individuals living in the community who have been convicted of  
          felony animal abuse. Because this bill requires the registry and  
          publicly accessible website to be operational by January 1,  
          2012, the majority of costs to DOJ will be incurred in calendar  
          year 2011 (above, in the first two fiscal years). 


          Page 2
          SB 1277 (Florez)

          The registry described in the bill, like the sex offender  
          registry, is not a simple website. There are interactive  
          functions and search capabilities beyond a standard departmental  
          website, and a registry is frequently updated due to the  
          requirements on registrants to 
          update their information. The bill specifies certain information  
          that must be available on the registry, but is silent on most  
          aspects of design and implementation. DOJ will likely 

          bring in outside consultants to determine the best way of  
          establishing a new registry that, while conceptually similar to,  
          is not related to, the Megan's Law website. The cost of this  
          project depends upon how it is implemented. If DOJ creates a new  
          website and registry system, it will likely be more costly than  
          integrating the registry with the existing Megan's Law platform  
          (assuming there is no technological reason that latter cannot be  
          done). DOJ may decide, however, that integrating the websites is  
          inappropriate. The estimate range in the Fiscal Impact summary  
          shows the potential difference in cost of building from the  
          existing platform versus creating a new, separate website and  
          registry.











          In either case, DOJ will also have to hire outside consultants  
          to build (and translate into other languages, as specified) the  
          system, and will need DOJ staff dedicated to establishing the  
          new registry. Ongoing staffing needs, once the registry is  
          operational, are unknown but it is reasonable that DOJ would  
          need at least dedicated resources for this new program. DOJ is  
          also required to make registry information available by  
          telephone and upon written request, to make reasonable efforts  
          to notify individuals of the registration requirement, and to  
          work with stakeholders to assist the public in understanding the  
          registry and animal abuse. These activities create ongoing work  
          for DOJ. DOJ is also required to determine who would be  
          retroactively affected, and notify previously convicted  
          individuals whose information will be posted by the department.  
          This would create a new, one-time project workload.

          This bill mandates, upon initially receiving the required  
          registry information, that local law enforcement electronically  
          transmit specified information about (and a photograph of) the  
          person to DOJ, within three days. Local law enforcement must  
          follow the same procedure every time the required registrant  
          moves. This bill also requires that, when a required registrant  
          is released on probation or discharged by payment of a fine,  
          county probation officers inform the individual of his or her  
          duty to register, and forward the registrant's address to DOJ.  
          The cost of these new mandates will depend upon the number of  
          people required to register, and how often they move. The  
          mandate is likely to affect more local police and sheriff's  
          departments than county probation offices.

          This bill establishes civil penalties for misuse of the registry  
          information by individuals and companies. To the extent that  
          this misuse occurs and is proven, this bill would generate some  
          amount of offsetting penalty revenue.