BILL ANALYSIS Ó AB 674 Page 1 Date of Hearing: April 4, 2011 ASSEMBLY COMMITTEE ON TRANSPORTATION Bonnie Lowenthal, Chair AB 674 (Bonilla) - As Introduced: February 17, 2011 SUBJECT : Vehicle registration surcharge: SUMMARY : Repeals the sunset date on provisions authorizing counties to impose a $1 vehicle registration surcharge, thereby extending the surcharge indefinitely. EXISTING LAW : 1)Authorizes a county board of supervisors to impose a fee of $1 vehicle registration surcharge for purposes of funding fingerprint identification programs. 2)Requires commercial motor vehicles registered to owners with addresses in participating counties to pay an additional fee of $2. 3)Requires participating counties to make findings as to the purpose of, and the need for, imposing the additional registration fee, and to identify the date after which the fee will no longer be imposed. 4)Requires the resulting fee revenues to be continuously appropriated, without regard to fiscal years, for disbursement to each participating county based upon the number of registered vehicles in those counties. 5)Requires fee revenues allocated to a county to be expended exclusively to fund programs that enhance the capacity of local law enforcement to provide automated mobile and fixed location fingerprint identification of individuals who may be involved in vehicle-related crimes (such as, driving under the influence) and other crimes committed while operating a motor vehicle. 6)Limits the use of funds generated by the fee to the purchase, by competitive bidding, and operation of equipment that is compatible with the Department of Justice's (DOJ) Cal-ID master plan. AB 674 Page 2 7)Requires every participating county to issue a fiscal year-end report to the California State Controller (Controller), summarizing the total revenues received by the county, the total expenditures and encumbered funds received by the county, any unexpended or unencumbered fee revenues, the estimated annual cost of the purchase, operation, and maintenance of automated mobile and fixed location fingerprint equipment, related infrastructure, law enforcement enhancement programs, personnel created or utilized, and how the use of the funds benefits the motoring public. 8)Suspends for one year the fee in any county that fails to submit this report. 9)Requires the Controller annually to submit to the Legislature revenue and expenditure summary for each participating county. 10) Repeals these provisions on January 1, 2012. FISCAL EFFECT : Fees generate approximately $30 million annually from the 45 counties participating in the fingerprint identification program. COMMENTS : The DOJ started the Cal-ID program in the late 1980's to provide a way to verify the identity of persons placed under arrest and to assist law enforcement agencies in other ways (such as identifying human remains and identifying possible criminal suspects) using fingerprint evidence gathered at crime scenes. Implementation of the Cal-ID was hampered by limited funding for the technology and equipment needed to participate in the program. As a result, the Legislature passed SB 720 (Lockyer) Chapter 587, Statutes of 1997, to authorize counties to impose a $1 surcharge on vehicle registrations in the county and to use the money for the Cal-ID program. SB 720 limited the duration of the program to five years. Subsequent legislation has extended authorization for the program twice: AB 879 (Keeley) Chapter 986, Statutes of 2002, extended the program until 2006 (and added reporting requirements) and AB 857 (Bass) Chapter 470, Statutes of 2005, extended the program until January 2012. According to the sponsors, the Cal-ID program has been a AB 674 Page 3 statewide success. They contend it has saved DOJ countless hours of manual scanning of inked fingerprint cards. Further, local law enforcement officials assert that, since the original legislation, advances in biometric science and technology have developed to the point that law enforcement can now send and receive (from the field, even) identification needed to authenticate individuals using not only fingerprints but also retinal scans, facial scans and palm-prints and thumbprints. These advancements offer significant benefits to law enforcement, such as the ability to: 1)Authenticate individuals remotely and avoid unnecessary transfers to a booking facility; 2)Rapidly identify dangerous individuals; 3)Confirm instances of mistaken identities; and, 4)View a DMV driver's license photograph from the field. Suggested amendment: Existing law requires counties that opt into the Cal-ID program to do so by adopting a resolution. The resolution is required to identify the date after which the $1 fee would no longer be imposed. Because this bill extends the program indefinitely, there is no longer a necessity to identify a termination date. This requirement should be stricken from existing law. The specific amendment is as follows: On page 2, line 24, strike "and shall identify the date after which the fee shall no longer be imposed." The author has agreed to take this amendment in committee as an author's amendment. Previous legislation : SB 720 (Lockyer) Chapter 587, Statutes of 1997, originally authorized the imposition of a $1 fee for the automated fingerprinting systems, until January 2003. AB 879 (Keeley) Chapter 986, Statutes of 2002, extended the program until 2006 (and added reporting requirements). AB 674 Page 4 AB 857 (Bass) Chapter 470, Statutes of 2005, extended the program until January 2012. REGISTERED SUPPORT / OPPOSITION : Support California State Sheriffs' Association (co-sponsor) Los Angeles County Sheriff's Department (co-sponsor) California District Attorneys Association California Police Chiefs Association County of Santa Clara Board of Supervisors Jeffrey Rosen, District Attorney, County of Santa Clara San Bernardino County Sheriff's Office Opposition None on file Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093