BILL ANALYSIS
AB 1391
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CONCURRENCE IN SENATE AMENDMENTS
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
laboratories.
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
agencies."
Please see the policy committee analysis for a more
comprehensive discussion of this bill.
Analysis Prepared by : Harry M. Dorfman / PUB. S. / (916)
319-3744
FN: 0003692