BILL ANALYSIS Ó AB 1999 Page 1 Date of Hearing: May 4, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 1999 (Achadjian) - As Amended March 15, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill requires the Department of Justice (DOJ) to both complete an initial review of a match in the Armed Prohibited Persons System (APPS) within seven days of the match being placed in the queue, and periodically reassess whether the department can complete reviews of APPS matches more efficiently. AB 1999 Page 2 FISCAL EFFECT: Moderate cost to DOJ of $110,000 the first year, and in the $140,000 range every year thereafter for staff to ensure reviews of the match take place within 7 days. (Dealer's Record of Sale Account) (DROS). COMMENTS: 1)Background. Current law provides for an automated system for tracking firearms and assault weapon owners who might fall into a prohibited status. The online database, which is currently known as the APPS, cross-references all handgun and assault weapon owners across the state against criminal history records to determine persons who have been, or will become, prohibited from possessing a firearm subsequent to the legal acquisition or registration of a firearm or assault weapon. DOJ has two queues through which it processes matches between any potentially prohibited person and any registered firearm owner or applicant. Although steady progress has been made to reduce the backlog in APPS's two queues, currently there is an average backlog of 3,600 matches of potentially prohibited persons to firearm owners in the daily queue of APPS and a backlog of approximately 257,000 potentially prohibited person matches in the historical queue. To avoid instances of incorrect identification, DOJ conducts a manual review of any person who has been automatically matched in APPS. This avoids denying access or ownership of firearms to improperly matched individuals, i.e. makes sure that no one is mistakenly prohibited from owning or purchasing a firearm due to any clerical error or other incorrect identifier. This AB 1999 Page 3 manual review is the initial review referred to in this bill. In 2013, the Legislature appropriated $24 million DROS to DOJ to help clear the APPS backlogs. However, DOJ assigned APPS unit staff to handle firearm background checks, which have a statutory maximum time period during which background checks must be completed. APPS, on the other hand, has no such statutory deadline. In order to further reduce the backlog, the State Auditor has recommended DOJ be mandated to complete the aforementioned initial review of prohibited person matches in APPS daily queue within seven days. This bill would mandate the State Auditor's recommendation. Approximately $6 million will revert back to DROS at the end of this fiscal year. 2)Purpose. According to the author, AB 1999 is consistent with the auditor's above recommendation. 3)Related Legislation: SB 1332 (Mendoza), requires the Department of Justice to modify its registration form so that both spouses or both domestic partners may register as the owners of the firearm, and requires the department to maintain both names on the firearm's registry. This bill is awaiting a hearing in Senate Appropriations. 4)Prior Legislation: a) SB 580 (Jackson), of the 2013-2014 Legislative Session, would have appropriated the sum of $5 million from the FSESF to the DOJ to contract with local law enforcement agencies to reduce the backlog of individuals who are identified by APPS as illegally possessing firearms. This bill died in this committee. b) SB 140 (Leno), Chapter 2, Statutes of 2013, appropriated $24 million from the DROS Special Account to the DOJ for costs associated with regulatory and enforcement of illegal AB 1999 Page 4 possession of firearms by prohibited persons. Analysis Prepared by:Pedro Reyes / APPR. / (916) 319-2081