BILL ANALYSIS Ó SB 580 Page 1 Date of Hearing: August 6, 2014 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair SB 580 (Jackson) - As Amended: June 12, 2014 Policy Committee: Public Safety Vote: 5-0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill: 1)Appropriates $5 million dollars from the Firearms Safety and Enforcement Special Fund (FSESF) to the Department of Justice (DOJ) for the 2014-15 fiscal year to contract with local law enforcement agencies to reduce the Armed Prohibited Persons System (APPS) backlog. 2)Appropriates $10 million from the FSESF over three years, beginning in 2014-15, to DOJ to redesign and update firearms computer systems, specifically the Firearms Information Gateway, APPS, the Basic Firearms Eligibility Check System, the Applicant Firearms Eligibility Check System, and the Integrated Document Retrieval System. 3)Appropriates $50,000 from the FSESF to DOJ for 2014-15 to provide APPS training to APPS local law enforcement agencies by June 1, 2015. FISCAL EFFECT 1)Appropriates a total of $15,050,000 from the FSESF to DOJ. The FSESF has a projected 2014-15 reserve of about $18 million. By statute, the FSESF, upon appropriation, may be used to implement and enforce provisions of the Firearm Safety Certificate program, implement and enforce gun law enforcement programs, and establish, maintain, and upgrade equipment and services necessary for gun dealers to comply with the Dealers Record of Sale (DROS) system. SB 580 Page 2 2)Generally, appropriations of this magnitude, particularly those that involve computer system upgrades, are accompanied by significant project documentation, including a breakdown of expenditures and timetables. Indications are that the $10 million appropriation is based on a developing DOJ budget change proposal (BCP) to address information technology upgrades to its firearm systems. 3)The rationale for the proposed $5 million appropriation appears to be based on a similar $1 million proposal from DOJ last year, which was ultimately not included in SB 140 (Leno), which appropriated $24 million from the DROS account to DOJ to fund enforcement of illegal gun possession by relieving guns from prohibited persons. It appears DOJ's intent for the $1 million was to fund local overtime efforts to disarm persons on the prohibited list. It is not clear how the $5 million would be allocated, nor is it clear this amount could be effectively expended within the six-month window proposed by this bill. 4)The $50,000 appropriation, while relatively minor, appears unnecessary, as DOJ already performs such training within existing resources. COMMENTS 1)Rationale . The author's intent is to provide additional resources to address the ongoing backlog of about 40,000 guns possessed by about 19,500 prohibited persons. Due primarily to state and local fiscal constraints, this backlog continues to grow. According to the author and proponents, although the DOJ and local law enforcement have the authority to confiscate these guns, they require additional resources to further reduce this backlog of weapons. 2)DOJ's Armed Prohibited Persons System (APPS) is an online database that cross-references persons who possess a gun and who, subsequent to possession of that gun, become a member of the class of persons legally prohibited from possessing a gun. Law enforcement agencies may access APPS via stationary or mobile terminals and thus are able to identify persons prohibited from possessing a gun. SB 580 Page 3 All felony convictions lead to a lifetime prohibition, while specified misdemeanors result in a 10-year prohibition. A person may also be prohibited due to a protective order, due to having been adjudicated as having a mental disorder, or as condition of probation. If a person communicates to his or her psychotherapist a serious threat of physical violence against an identifiable victim, the person is prohibited from owning or purchasing a firearm for five years, starting from the date the psychotherapist reports to local law enforcement the identity of the person making the threat. If a person is admitted into a facility because that person is a danger to himself, herself, or to others, the person is prohibited from owning or purchasing a firearm for five years According to DOJ, about half of the persons on the APPS list are prohibited due to criminal history; about 30% due to mental health status, and about 20% due to active restraining orders. 3)Is confiscation of guns from prohibited persons a local law enforcement responsibility ? Yes. DOJ, however, does have a statewide law enforcement responsibility, and given local law enforcement fiscal constraints in recent years, the use of a reserve from a state special fund already authorized for related purposes, for a demonstrable public safety need, appears appropriate, if underdeveloped. 4)Related legislation , SB 140 (Leno), Statutes of 2013, appropriated $24 million from the Dealers Record of Sale (DROS) Special Account to the Department of Justice (DOJ) to fund enforcement of illegal gun possession by relieving weapons from persons in the Armed Prohibited Persons System (APPS). Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081