BILL ANALYSIS                                                                                                                                                                                                    

                                                          AB 1391
                                                          Page  1

AB 1391 (Hertzberg)
As Amended September 9, 1999
2/3 vote
ASSEMBLY: 56-9 (June 21, 1999)  SENATE: 35-3 (September 9, 1999)
  Original Committee Reference:   PUB. S.  

  SUMMARY  :  Creates the "Hertzberg-Polanco Crime Laboratories  
Construction Bond Act of 1999," which authorizes the  
construction and remodeling of forensic laboratories.

  The Senate amendments  :

1)Authorize the issuance and sale of $220 million of general  
  obligation bonds after approval by the voters at the March 7,  
  2000 primary election to pay for construction of new local  
  forensic laboratories and remodeling of existing forensic  
  local laboratories.

2)Create within the Office of Criminal Justice Planning (OCJP)  
  the Forensic Laboratories Committee (Committee), composed of  
  15 members including the Attorney General (AG), the State  
  Director of Crime Laboratories and 13 appointed members, which  
  appointments shall be made by April 1, 2000:

   a)   The Governor appoints, with the advice and consent of  
     the Senate:  a) two county sheriffs, one from a county with  
     a population over one million people and one from a county  
     with a population under one million people; b) two police  
     chiefs; c) two district attorneys, one from a county with a  
     population over one million people and one from a county  
     with a population under one million people; and, d) a  
     county supervisor or a county administrative officer from a  
     county with a population over one million people and one  
     from a county with a population under one million people;

   b)   The AG appoints a city council member or city  
     administrative officer;

   c)   The Senate Rules Committee appoints a chief probation  
     officer and one public member; and,

   d)   The Speaker of the Assembly appoints a chief public  
     defender and one public member.


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3)Require the Committee to hold its first meeting by May 15,  
  2000 and to meet at least twice a year.

4)Authorize OCJP to consider the applications for, and make  
  grants for, funding construction and renovation of forensic  
  laboratories.  Authorize OCJP to apply for any federal funds  
  to further the purposes of these provisions.

5)Make this bill an urgency measure in order to qualify for the  
  ballot on March 7, 2000.

  AS PASSED BY THE ASSEMBLY  , this bill:  

  1)Provided for a revenue bond in an amount not to exceed $500  
  million to finance construction, renovation, and  
  infrastructure costs for state and local forensic  

2)Established the Forensic Laboratories Authority (FLA) within  
  the Department of Justice.

3)Established the following FLA 11-member composition:  a) the  
  AG, designated the chairperson; b) the State Director of Crime  
  Laboratories; c) a county sheriff; d) a police chief; e) a  
  district attorney from a county with a population of over 1  
  million; f) a county supervisor or county administrative  
  officer; g) a city council member or city administrative  
  officer; h) a chief probation officer; i)a chief public  
  defender; and, j) two public members.

4)Did not indicate who will appoint FLA members.

5)Created the Forensic Laboratories Capital Expenditure Fund  
  within the Department of the Treasury.

6)Vested in the Director of the Department of General Services  
  the responsibility to effectuate all construction, remodeling  
  and infrastructure improvements pursuant to this bill. 

7)Restricted distribution of funds to an applicant city, county,  
  or region that provides 10% matching funds.

8)Required an applicant to be responsible for operating costs.

  FISCAL EFFECT  :  According to the Assembly Appropriations  
Committee analysis, General Fund debt service costs of about  
$950 million over 25 years, or about $38 million per year,  


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assuming the bonds are sold at an interest rate of 5.25%.

  COMMENTS  :  According to the author, "The Legislature has  
recognized that crime laboratories in California are an integral  
part of our criminal justice system.  A state audit implemented  
by AB 920 of last session has shown that most of the crime  
laboratories throughout the state are in need of significant  
repair and renovation.

"AB 1391 would authorize $500 million in revenue bonds to pay  
for the infrastructure costs to build new or renovate existing  
crime laboratories throughout the state.  The FLA, established  
by the bill, would enter into a joint powers agreement with  
local, state, and federal law enforcement agencies seeking to  
construct a new laboratory or renovate an existing facility.

"The decisions of the FLA relating to construction and  
renovation would be based on the recommendations of the Task  
Force of Statewide Forensic Services established by SB 627  
(Johnston).  This will ensure that the decisions of the FLA are  
consistent with a statewide plan for providing forensic  
laboratory services to local, state, and federal law enforcement  

Please see the policy committee analysis for a more  
  comprehensive discussion of this bill.

Analysis Prepared by  :  Harry M. Dorfman / PUB. S. /  (916)  

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