BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           38 (Alquist)
          
          Hearing Date:  05/11/2009           Amended: As introduced
          Consultant:  Jacqueline Wong-HernandezPolicy Vote: Public Safety  
          5-2
          _________________________________________________________________ 
          ____
          BILL SUMMARY: SB 38 requires California Highway Patrol (CHP) and  
          the Department of Justice (DOJ) to create a "Silver Alert"  
          system to notify the public when a senior person who has an  
          impaired mental condition goes missing.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
           CHP develop protocols for             Unknown                     
                                         Special*
          Silver Alert system

          DOJ consultation                      Minor and absorbable        
                                       General

          Activate Emergency                                                
          $1,099          $2,198          Special*
          Alert System           

          *Motor Vehicle Account                        
          _________________________________________________________________ 
          ____
          STAFF COMMENTS: This bill meets the criteria for referral to the  
          Suspense File.

          This bill requires that CHP, in consultation with DOJ, develop a  
          Silver Alert system, which is a plan and protocols, similar to  
          the Amber Alert. CHP would be required to lead this effort, and  
          has not estimated its workload increase costs. DOJ has indicated  
          it could absorb minor costs associated with this provision. This  
          bill also requires local law enforcement agencies, upon  
          receiving a report of a missing senior person, to assess whether  
          a missing senior person has an impaired mental condition and, if  
          so, to request that CHP activate its Emergency Alert System  
          (EAS). Upon receiving such a request from loca law enforcement,  










          this bill requires CHP to activate EAS. This bill, as it is  
          written, does not give CHP discretion over EAS activation, which  
          involves In part) employing CHP officers to staff various  
          communication centers until the individual is recovered  
          (consistent with current CHP practice in an Amber Alert).

          Federal legislation is being proposed currently which would  
          create a national Silver Alert coordinator, and federal block  
          grants to the states to support the creation of state systems,  
          but no money is currently available through this proposed  
          program.
           
          Staff notes that the author should consider amending the bill to  
          clearly distinguish Silver Alert system, which is a plan of  
          action, from EAS. Activating EAS means that message pre-empts  
          radio and television broadcasts and provides information to the  
          public immediately. To attract attention, the messages are  
          preceded and concluded with alert tones. During EAS activation,  
          the CHP provides service to local law enforcement agencies by  
          staffing and equipping each CHP communication center to initiate  
          a multi-regional or statewide EAS broadcast.