BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 1999


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          Date of Hearing:  May 4, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1999 (Achadjian) - As Amended March 15, 2016


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          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


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          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  








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            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


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               possession of firearms by prohibited persons.





          Analysis Prepared by:Pedro Reyes / APPR. / (916)  
          319-2081