BILL ANALYSIS                                                                                                                                                                                                    �



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          ASSEMBLY THIRD READING
          AB 674 (Bonilla)
          As Amended  April 6, 2011
          Majority vote 

           TRANSPORTATION      9-0         APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Bonnie Lowenthal,         |Ayes:|Fuentes, Blumenfield,     |
          |     |Blumenfield, Bonilla,     |     |Bradford, Charles         |
          |     |Buchanan, Eng, Furutani,  |     |Calderon, Campos, Davis,  |
          |     |Galgiani, Carter, Solorio |     |Gatto, Hall, Hill, Lara,  |
          |     |                          |     |Mitchell, Solorio         |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Harkey, Donnelly,         |
          |     |                          |     |Nielsen, Norby, Wagner    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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 








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            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 (e.g., 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.  

          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  :  According to the Assembly Appropriations 
          Committee:  

          1)Continued revenue, about $15 million in fiscal year (FY) 
            2011-12 and $30 million annually thereafter, to the counties 
            that participate in the fingerprint identification program and 
            that impose the surcharge and the fee (Motor Vehicle Account 
            (MVA).).  

          2)Continued costs, perhaps $300,000 annually starting in FY 
            20011-12, to the Department of Motor Vehicles (DMV) to 
            continue to collect the annual surcharge and the quintennial 








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            service fee; these costs are covered by a DMV processing 
            charge (MVA.).  

          3)Continued costs, perhaps $200,000 annually starting in FY 
            2011-12, to the Controller to allocate fee revenue to 
            participating counties, to audit counties' use of these funds, 
            and to annually report to the Legislature; these costs are 
            covered by a small portion of the revenue generated by the 
            fees. 

          4)Minor, one-time programming costs, likely less than $50,000, 
            to DMV (MVA).  

           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 
          (e.g., 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 
          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:  








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          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.  

          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).  

          AB 857 (Bass) Chapter 470, Statutes of 2005, extends the program 
          until January 2012.  
           

          Analysis Prepared by  :    Janet Dawson / TRANS. / (916) 319-2093 


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