BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           38 (Alquist)
          
          Hearing Date:  05/28/2009           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           Minor and absorbable          
                                   Special*
          Silver Alert system

          State-mandated Local Program
          Law enforcement            $20                $40                 
                                 Federal

          *Motor Vehicle Account                        
          _________________________________________________________________ 
          ____
          STAFF COMMENTS: SUSPENSE FILE. AS PROPOSED TO BE AMENDED

          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 local 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.
           
          AS PROPOSED TO BE AMENDED: CHP would be required to, in  
          consultation with local law enforcement officials, develop  
          uniform system for addressing situations involving missing  
          persons who are elderly and have an impaired mental state.  
          Implementation of any new duties to local law enforcement would  
          be contingent upon receiving federal funding. The amendments  
          appear to remove the fiscal impact to CHP, but implementing the  
          bill remains a state mandate on local law enforcement.