BILL ANALYSIS �
AB 674
Page 1
Date of Hearing: April 4, 2011
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 674 (Bonilla) - As Introduced: February 17, 2011
SUBJECT : Vehicle registration surcharge:
SUMMARY : Repeals the sunset date on provisions authorizing
counties to impose a $1 vehicle registration surcharge, thereby
extending the surcharge indefinitely.
EXISTING LAW :
1)Authorizes a county board of supervisors to impose a fee of $1
vehicle registration surcharge for purposes of funding
fingerprint identification programs.
2)Requires commercial motor vehicles registered to owners with
addresses in participating counties to pay an additional fee
of $2.
3)Requires participating counties to make findings as to the
purpose of, and the need for, imposing the additional
registration fee, and to identify the date after which the fee
will no longer be imposed.
4)Requires the resulting fee revenues to be continuously
appropriated, without regard to fiscal years, for disbursement
to each participating county based upon the number of
registered vehicles in those counties.
5)Requires fee revenues allocated to a county to be expended
exclusively to fund programs that enhance the capacity of
local law enforcement to provide automated mobile and fixed
location fingerprint identification of individuals who may be
involved in vehicle-related crimes (such as, driving under the
influence) and other crimes committed while operating a motor
vehicle.
6)Limits the use of funds generated by the fee to the purchase,
by competitive bidding, and operation of equipment that is
compatible with the Department of Justice's (DOJ) Cal-ID
master plan.
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7)Requires every participating county to issue a fiscal year-end
report to the California State Controller (Controller),
summarizing the total revenues received by the county, the
total expenditures and encumbered funds received by the
county, any unexpended or unencumbered fee revenues, the
estimated annual cost of the purchase, operation, and
maintenance of automated mobile and fixed location fingerprint
equipment, related infrastructure, law enforcement enhancement
programs, personnel created or utilized, and how the use of
the funds benefits the motoring public.
8)Suspends for one year the fee in any county that fails to
submit this report.
9)Requires the Controller annually to submit to the Legislature
revenue and expenditure summary for each participating county.
10) Repeals these provisions on January 1, 2012.
FISCAL EFFECT : Fees generate approximately $30 million annually
from the 45 counties participating in the fingerprint
identification program.
COMMENTS : The DOJ started the Cal-ID program in the late 1980's
to provide a way to verify the identity of persons placed under
arrest and to assist law enforcement agencies in other ways
(such as identifying human remains and identifying possible
criminal suspects) using fingerprint evidence gathered at crime
scenes.
Implementation of the Cal-ID was hampered by limited funding for
the technology and equipment needed to participate in the
program. As a result, the Legislature passed SB 720 (Lockyer)
Chapter 587, Statutes of 1997, to authorize counties to impose a
$1 surcharge on vehicle registrations in the county and to use
the money for the Cal-ID program. SB 720 limited the duration
of the program to five years. Subsequent legislation has
extended authorization for the program twice: AB 879 (Keeley)
Chapter 986, Statutes of 2002, extended the program until 2006
(and added reporting requirements) and AB 857 (Bass) Chapter
470, Statutes of 2005, extended the program until January 2012.
According to the sponsors, the Cal-ID program has been a
AB 674
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statewide success. They contend it has saved DOJ countless
hours of manual scanning of inked fingerprint cards. Further,
local law enforcement officials assert that, since the original
legislation, advances in biometric science and technology have
developed to the point that law enforcement can now send and
receive (from the field, even) identification needed to
authenticate individuals using not only fingerprints but also
retinal scans, facial scans and palm-prints and thumbprints.
These advancements offer significant benefits to law
enforcement, such as the ability to:
1)Authenticate individuals remotely and avoid unnecessary
transfers to a booking facility;
2)Rapidly identify dangerous individuals;
3)Confirm instances of mistaken identities; and,
4)View a DMV driver's license photograph from the field.
Suggested amendment: Existing law requires counties that opt
into the Cal-ID program to do so by adopting a resolution. The
resolution is required to identify the date after which the $1
fee would no longer be imposed. Because this bill extends the
program indefinitely, there is no longer a necessity to identify
a termination date. This requirement should be stricken from
existing law. The specific amendment is as follows:
On page 2, line 24, strike "and shall identify the date after
which the fee shall no longer be imposed."
The author has agreed to take this amendment in committee as an
author's amendment.
Previous legislation :
SB 720 (Lockyer) Chapter 587, Statutes of 1997, originally
authorized the imposition of a $1 fee for the automated
fingerprinting systems, until January 2003.
AB 879 (Keeley) Chapter 986, Statutes of 2002, extended the
program until 2006 (and added reporting requirements).
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AB 857 (Bass) Chapter 470, Statutes of 2005, extended the
program until January 2012.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Sheriffs' Association (co-sponsor)
Los Angeles County Sheriff's Department (co-sponsor)
California District Attorneys Association
California Police Chiefs Association
County of Santa Clara Board of Supervisors
Jeffrey Rosen, District Attorney, County of Santa Clara
San Bernardino County Sheriff's Office
Opposition
None on file
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093