BILL ANALYSIS                                                                                                                                                                                                    



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1999 (Achadjian) - Prohibited Armed Persons File:  initial  
          review
          
           ----------------------------------------------------------------- 
          |                                                                 |
          |                                                                 |
          |                                                                 |
           ----------------------------------------------------------------- 
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Version:  March 15, 2016        |Policy Vote:  PUB. S. 7 - 0     |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Urgency:  No                    |Mandate:  No                    |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Hearing Date:  June 27, 2016    |Consultant:  Jolie Onodera      |
          |                                |                                |
           ----------------------------------------------------------------- 


          This bill meets the criteria for referral to the Suspense File.


          Bill  
          Summary:  AB 1999 would require the Department of Justice (DOJ)  
          to complete an initial review of a match in the daily queue of  
          the Armed Prohibited Persons System (APPS) within seven days, as  
          specified, and to periodically reassess whether the reviews of  
          APPS matches can be completed more efficiently.


          Fiscal  
          Impact:  
            Initial reviews  :  Ongoing staffing costs (Special Fund*) to  
            the DOJ of $110,000 in FY 2016-17, and $175,000 in FY 2017-18  
            and annually thereafter to ensure completion of all initial  
            reviews of APPS matches within seven days. 
            Periodic reassessments  :  Minor, absorbable workload impact  
            (Special Fund*) to the DOJ.

          *Dealers' Record of Sale (DROS) Account. Staff notes the DROS  
          Account is structurally imbalanced, with an estimated reserve  







          AB 1999 (Achadjian)                                    Page 1 of  
          ?
          
          
          balance of less than $1 million by year-end FY 2016-17. Current  
          revenues to the DROS Account may be insufficient to cover the  
          costs of this bill in conjunction with the numerous other  
          legislative measures requiring funding from the DROS Account,  
          should they be enacted. As this bill specifies a program  
          requirement rather than an enforcement requirement for APPS, the  
          funding approved by the 2016-17 Budget Conference Committee  
          action from the Firearms Safety and Enforcement Special Fund  
          does not appear to be authorized for use for the activities  
          specified in this bill.


          Background:  Existing law provides for an automated system for tracking  
          firearms and assault weapon owners who might fall into a  
          prohibited status. The online database commonly referred to as  
          the Armed Prohibited Persons System (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. (Penal Code  3000, et seq.)
          SB 140, (Leno) Chapter 2/2013 appropriated $24 million from the  
          DROS Account to the DOJ in order to increase regulatory and  
          enforcement capacity within DOJ's Bureau of Firearms. The  
          resources financed in SB 140 were provided on a three-year  
          limited-term basis which was estimated to provide adequate time  
          to significantly reduce or eliminate the overall number of armed  
          and prohibited persons in the backlog. Additionally, SB 140  
          included reporting requirements due annually to the Joint  
          Legislative Budget Committee. During the 2015 budget hearing  
          process, the Legislature expressed concern that at the mid-point  
          of the funding period, the DOJ had spent 40 percent of funds but  
          the APPS backlog had only been reduced by approximately 3,770  
          cases. In addition, the Bureau of Firearms had hired 45 agents,  
          as of the date of their update, but had only retained 18 agents.  
          Of the agents that left the Bureau, the vast majority went to  
          other agent positions in DOJ. As a result, some SB 140 funding  
          that was intended to directly address the APPS backlog was  
          instead used to conduct background checks, provide training and  
          to equip newly hired who agents subsequently left the Bureau.


          The 2016-17 Budget Conference Committee took the following  
          actions with respect to APPS enforcement:








          AB 1999 (Achadjian)                                    Page 2 of  
          ?
          
          


                 Provided an ongoing increase of $4.7 million in Firearms  
               Safety and Enforcement Special Fund (FSEF) to provide  
               permanent funding for 22 positions for APPS investigations.  
               Currently, all APPS-related activities are funded through  
               the DROS Account, which is structurally imbalanced. 


                 Adopted trailer bill language to remove the continuous  
               appropriation authority from the FSEF and provide the  
               Attorney General's office with the authority to increase  
               FSEF fee authority at a rate not to exceed the Consumer  
               Price Index.


                 Provided a $5 million (FSEF) one-time augmentation and  
               budget bill language (SB 826) establishing a program within  
               the DOJ that reimburses local law enforcement agencies  
               through contracts with DOJ that retrieve firearms from  
               prohibited individuals in APPS.




          Proposed  
          Law:  This bill would require the DOJ to complete an initial  
          review of a match in the daily queue of the Armed Prohibited  
          Persons System within seven days of the match being placed in  
          the queue. This bill additionally requires the DOJ to  
          periodically reassess whether the DOJ can complete those reviews  
          more efficiently.
          This bill provides that for the purpose of this measure, "Armed  
          Prohibited Persons System" means the Prohibited Armed Persons  
          File as described in PC  30000.

          This bill provides that for the purpose of this measure, "match"  
          means the entry into the Automated Criminal History System or  
          into any DOJ automated information system of the name and other  
          information of an individual who may be prohibited from  
          acquiring, owning, or possessing a firearm, and a corresponding  
          record of ownership or possession of a firearm by that  
          individual, as described in PC  30005.









          AB 1999 (Achadjian)                                    Page 3 of  
          ?
          
          

          Related  
          Legislation:  See Background section.


                                      -- END --