BILL NUMBER: AB 1662 CHAPTERED 07/07/99 CHAPTER 79 FILED WITH SECRETARY OF STATE JULY 7, 1999 PASSED THE ASSEMBLY JUNE 16, 1999 PASSED THE SENATE JUNE 15, 1999 AMENDED IN SENATE JUNE 15, 1999 AMENDED IN SENATE MAY 24, 1999 INTRODUCED BY Assembly Members Leonard, Florez, and Granlund and Senators Brulte, Kelley, Monteith, Costa, McPherson, and Ortiz MARCH 11, 1999 An act to add Section 29550.4 to the Government Code, relating to booking fees, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. (Approved by Governor July 7, 1999. Filed with Secretary of State July 7, 1999.) I am signing Assembly Bill No. 1662, relating to booking fees after vetoing subdivisions (c) and (d) of Section 29550.4 of the Government Code as added by this bill. AB 1662 continuously appropriates up to $50 million annually from the General Fund to the Controller for allocation to cities for reimbursement of their actual booking and processing costs paid to counties. Under this bill, the amount appropriated from the General Fund would be increased annually by two percent beginning with the 2000-01 fiscal year. I am deleting the provisions authorizing this two percent annual adjustment because future increases in these reimbursements should be provided subject to the state's ability to fund these increases rather than automatically through a continuous appropriation. GRAY DAVIS, Governor LEGISLATIVE COUNSEL'S DIGEST AB 1662, Leonard. Booking fees: annual appropriation. Existing law authorizes a county to impose, among other fees with respect to criminal justice services, a booking fee upon other local agencies and colleges and universities for county costs incurred in processing or booking persons arrested by employees of those entities and brought to county facilities for booking or detention. This bill would continuously appropriate up to $50,000,000 annually from the General Fund to the Controller commencing with the 1999-2000 fiscal year for allocation to cities for reimbursement for actual booking and processing costs paid to counties. This amount would be increased annually by 2% commencing with the 2000-01 fiscal year. This bill would declare that it is to take effect immediately as an urgency statute. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 29550.4 is added to the Government Code, to read: 29550.4. (a) Notwithstanding Section 13340, the sum of up to fifty million dollars ($50,000,000) is hereby continuously appropriated annually from the General Fund to the Controller commencing with the 1999-2000 fiscal year for allocation to cities for reimbursement for actual costs incurred by cities in the payment of booking and processing fees pursuant to this article. For the 1999-2000 fiscal year, this appropriation shall be allocated to cities for reimbursement for actual costs incurred by them during the period July 1, 1997, to July 1, 1998. If the actual costs incurred by cities during the period of July 1, 1997, to July 1, 1998, in the payment to counties of booking and processing fees is greater than fifty million dollars ($50,000,000), then the Controller shall prorate the reimbursement to each city accordingly. (b) Not later than December 1, 1999, the Controller shall allocate the funds appropriated pursuant to subdivision (a) to all qualified cities and shall certify to the Director of Finance the actual amount of money allocated to cities for the payment of booking and processing fees pursuant to subdivision (a). (c) For the 2000-01 fiscal year, the annual appropriation made pursuant to this section shall be increased by 2 percent above the lesser of either the amount appropriated pursuant to subdivision (a) or the amount certified by the Controller pursuant to subdivision (b). In either case, the amount of reimbursement allocated to each city by the Controller shall increase in proportion to the increase in the annual appropriation. (d) Commencing with the 2001-02 fiscal year, the annual appropriation made pursuant to this section shall be increased by 2 percent each fiscal year above the appropriation of the previous fiscal year. The amount of reimbursement allocated to each city by the Controller shall increase annually in proportion to the increase in the annual appropriation. (e) Any city that applies for reimbursement pursuant to this section shall comply with all requests made by the Controller. Any city that does not pay booking or processing fees to a county or any city that contracts with a county for the payment of those fees shall be ineligible for reimbursement pursuant to this section. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to provide relief to cities for the costs of criminal booking and processing fees owed to counties, it is necessary that this act take effect immediately.