HomeMy WebLinkAboutMINUTES - 04052011 - C.30RECOMMENDATION(S):
SUPPORT Assembly Bill 674 (Bonilla): Vehicles: Registration Fees, a bill that extends the authorization for
programs that enhance the capacity of local law enforcement to provide fingerprint identification of individuals who
may be involved in driving under the influence of alcohol or drugs, vehicular manslaughter, other vehicle-related
crimes, and other crimes committed while operating a motor vehicle, as recommended by the Sheriff's Office.
FISCAL IMPACT:
AB 674 would indefinitely continue one of the primary funding sources for the Cal_ID program in Contra Costa
County. The Cal-ID program is an invaluable funding source for public safety as it allows for the automated
fingerprint identification system to exist here in Contra Costa County and is used by all law enforcement agencies in
Alameda and Contra Costa Counties. Without this program, law enforcement would not have a means to properly
identify arrested individuals suspected of being involved in a crime, provide a means to identify those applying for a
job requiring a thorough background check, or associate a latent print from a crime scene to a suspect.
Loss of Cal_ID
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 04/05/2011 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYES 5 NOES ____
ABSENT ____ ABSTAIN ____
RECUSE ____
Contact: Lara DeLaney,
925-335-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of
the Board of Supervisors on the date shown.
ATTESTED: April 5, 2011
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.30
To:Board of Supervisors
From:Legislation Committee
Date:April 5, 2011
Contra
Costa
County
Subject:SUPPORT Position for AB 674 (Bonilla): Vehicles: Registration
Fees
FISCAL IMPACT: (CONT'D)
funds would eliminate half of the ID and Latent Unit's staff. This loss would also eliminate all of the ID Unit's
operational budget and half of the Latent Unit's budget. These losses would be crippling to the Cal_ID program, and
the current budget situation would prevent local funds from being able to replace the funding AB 674 aims to
continue.
BACKGROUND:
Since 1986, the State Department of Justice (DOJ) has operated an automated fingerprint identification program,
known as Cal-ID. This program allows the electronic capture of criminal suspect fingerprints and related data by the
law enforcement agencies and enables transmission of this data to DOJ. This program is designed to assist law
enforcement agencies in various ways, including verifying the identity of persons placed under arrest, identifying
human remains, and identifying criminal suspects, by the use of fingerprints.
Local law enforcement agencies have access to the Cal-ID system, but many agencies had, in the past, reported that
the equipment was antiquated and they were not financially able to take full advantage of the significant advances in
the related technology.
In light of these shortcomings, the Legislature enacted SB 720 (Lockyer), Chapter 587, Statutes of 1997, which
authorized, until January 1, 2003, participating counties to impose the $1 annual surcharge on vehicle registration to
fund local law enforcement use of automated mobile and fixed-location fingerprint identification equipment
(live-scan). AB 879 (Keeley), Chapter 986, Statutes of 2002 extended the sunset date to 2006 and added requirements
for participating counties to report to the State Controller and the Controller to report to the Legislature on the
program. AB 857 (Bass), Chapter 470, Statutes of 2005 extended the sunset date to 2012 and continuously
appropriated funds for the Controller’s administrative cost.
AB 674 extends the counties' authorization to impose additional fees on the registration of vehicles to purchase
fingerprint identification systems for local law enforcement agencies. This bill will continue the $1 annual surcharge
on motor vehicle registration and the $2 additional fee on commercial vehicles for participating counties.
The Office of the Sheriff enthusiastically supports Assembly Member Bonilla's bill, AB 674. In fact, Asembly
Member Bonilla worked closely with several members of the Sheriff's Office in putting the bill together, and we are
grateful for her assistance.
This bill will continue the Vehicle License Fee annual surcharge of $1 for motor vehicles (and $2 for commercial
vehicles), which supports approximately fifty percent of our personnel costs (salaries and benefits) for Fingerprint
Technicians and Fingerprint Examiners and for Cal-ID. Cal-ID funding is primarily used for capital expenses such as
biometric devices (such as Live Scan, Mobile ID) purchases, replacements or upgrades, equipment maintenance,
hardware, software, and services and supplies.
Without these funds, our local and regional automated fingerprint systems would need to be supported by County
funds for maintenance, software and hardware upgrades, and replacements of Live Scan machines and other
biometric devices. Additionally, the automated fingerprint system maintains hundreds of thousands of records
allowing the concurrent processing of multiple subjects with an accuracy rate of 99%. Without funds to support our
system, we would likely be required to discontinue the automated system altogether. Technicians would have to revert
back to a manual fingerprint and identification method, which is not only time-consuming due to the lengthy
searching process, but is also not as reliable as the latest technology available.
Contra Costa County is currently in the final phase of its Mobile ID project to select a vendor and project
implementation. Cal-ID funds have been set-aside by the Local RAN Board (Remove Access Network) in the
amount of $1.5 million to fund the project. The Mobile ID project implementation is scheduled to occur during the
third quarter of 2011. Mobile ID wirelessly transmits a fingerprint captured by field personnel to the Automated
Fingerprint Identification System (AFIS) to search local and regional systems, and then wirelessly transmits the result
back to field personnel. This allows field personnel to accurately identify unknown individuals in the field without
transporting them to our booking facility.
Benefits to the public:
• Identifies wanted criminals
• Protects the innocent from being wrongfully accused or held for a crime
• Identifies missing and endangered persons
Benefits to Law Enforcement:
• Ability to identify and apprehend wanted criminals on the streets
• Ability to verify identities for court purposes
• Allows Coroner investigators to identify unknown deceased person
• Assists law enforcement to identify hospitalized subjects unable to communicate due to illness or injury
• Identifies subjects with active warrants resulting in enhanced officer safety
• Provides rapid retrieval of positive identification of subjects
Support:
California State Sheriffs Association (Co-Sponsor)
Los Angeles County Sheriff’s Department (Co-Sponsor)
Opposition:
None on file
COMMITTEE: Assembly Transportation Committee
HEARING: 04/04/2011 1:30 pm, Room 4202
CONSEQUENCE OF NEGATIVE ACTION:
The Board of Supervisors' support of this bill will not be formally recognized.
CHILDREN'S IMPACT STATEMENT:
None.
california legislature—2011–12 regular session
ASSEMBLY BILL No. 674
Introduced by Assembly Member Bonilla
February 17, 2011
An act to amend Section 9250.19 of the Vehicle Code, relating to
vehicles, and making an appropriation therefor.
legislative counsel’s digest
AB 674, as introduced, Bonilla.Vehicles: registration fees.
Existing law authorizes, until January 1, 2012, the imposition of a $1
fee, upon adoption of a resolution by a county board of supervisors, in
addition to other specified vehicle registration fees, on certain vehicles.
Existing law also imposes, until January 1, 2012, in addition to that fee,
a $2 service fee on all commercial vehicles, upon implementation of
the permanent trailer identification plate program. Existing law provides
that the money generated by these fees and paid to the Controller is
continuously appropriated, without regard to fiscal years, for
disbursement by the Controller to each county that has adopted a
resolution as described above, and that the money so disbursed may
only be used for programs that enhance the capacity of local law
enforcement to provide fingerprint identification of individuals who
may be involved in driving under the influence of alcohol or drugs,
vehicular manslaughter, other vehicle-related crimes, and other crimes
committed while operating a motor vehicle.
This bill would extend that authorization indefinitely. By extending
a law providing for disbursements from a continuously appropriated
fund, this bill would make an appropriation.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
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The people of the State of California do enact as follows:
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SECTION 1.Section 9250.19 of the Vehicle Code is amended
to read:
9250.19.(a) (1) In addition to any other fees specified in this
code and the Revenue and Taxation Code, upon the adoption of a
resolution pursuant to this subdivision by any county board of
supervisors, a fee of one dollar ($1) shall be paid at the time of
registration, renewal, or supplemental application for apportioned
registration pursuant to Article 4 (commencing with Section 8050)
of Chapter 4 of every vehicle, except vehicles described in
subdivision (a) of Section 5014.1, registered to an address within
that county except those expressly exempted from payment of
registration fees. The fees, after deduction of the administrative
costs incurred by the department in carrying out this section, shall
be paid quarterly to the Controller.
(2) In addition to the one-dollar ($1) service fee, and upon the
implementation of the permanent trailer identification plate
program, and as part of the Commercial Vehicle Registration Act
of 2001, all commercial motor vehicles subject to Section 9400.1
registered to an owner with an address in the county that
established a service authority under this section, shall pay an
additional service fee of two dollars ($2).
(3) A resolution adopted pursuant to paragraph (1) shall include
findings as to the purpose of, and the need for, imposing the
additional registration fee, and shall identify the date after which
the fee shall no longer be imposed.
(b) Notwithstanding Section 13340 of the Government Code,
the money paid to the Controller pursuant to subdivision (a) is
continuously appropriated, without regard to fiscal years, for
disbursement by the Controller to each county that has adopted a
resolution pursuant to subdivision (a), based upon the number of
vehicles registered, or whose registration is renewed, to an address
within that county, or supplemental application for apportioned
registration, and for the administrative costs of the Controller
incurred under this section.
(c) Money allocated to a county pursuant to subdivision (b)
shall 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
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may be involved in driving under the influence of alcohol or drugs
in violation of Section 23152 or 23153, or vehicular manslaughter
in violation of Section 191.5 of the Penal Code or subdivision (c)
of Section 192 of the Penal Code, or any combination of those and
other vehicle-related crimes, and other crimes committed while
operating a motor vehicle.
(d) The data from any a program funded pursuant to subdivision
(c) shall be made available by the local law enforcement agency
to any a local public agency that is required by law to obtain a
criminal history background of persons as a condition of
employment with that local public agency. A local law enforcement
agency that provides the data may charge a fee to cover its actual
costs in providing that data.
(e) (1) No money Money collected pursuant to this section shall
not be used to offset a reduction in any other source of funds for
the purposes authorized under this section.
(2) Funds collected pursuant to this section, upon
recommendation of local or regional Remote Access Network
Boards to the board of supervisors, shall be used exclusively for
the purchase, by competitive bidding procedures, and the operation
of equipment which that is compatible with the Department of
Justice’s Cal-ID master plan, as described in Section 11112.2 of
the Penal Code, and the equipment shall interface in a manner that
is in compliance with the requirement described in the Criminal
Justice Information Services, Electronic Fingerprint Transmission
Specification, prepared by the Federal Bureau of Investigation and
dated August 24, 1995.
(f) Every county that has authorized the collection of the fee
pursuant to subdivision (a) shall issue a fiscal year-end report to
the Controller on or before November 1 of each year, summarizing
all of the following with respect to those fees:
(1) The total revenues received by the county for the fiscal year.
(2) The total expenditures and encumbered funds by the county
for the fiscal year. For purposes of this subdivision, “encumbered
funds” means funding that is scheduled to be spent pursuant to a
determined schedule and for an identified purchase consistent with
this section.
(3) Any unexpended or unencumbered fee revenues for the
county for the fiscal year.
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AB 674— 3 —
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(4) The estimated annual cost of the purchase, operation, and
maintenance of automated mobile and fixed location fingerprint
equipment, related infrastructure, law enforcement enhancement
programs, and personnel created or utilized in accordance with
this section for the fiscal year. The listing shall detail the make
and model number of the equipment, and include a succinct
description of the related infrastructure items, law enforcement
enhancement programs, and the classification or title of any
personnel.
(5) How the use of the funds benefits the motoring public.
(g) For each county that fails to submit the report required
pursuant to subdivision (f) by November 1 of each year, the
Controller shall notify the Department of Motor Vehicles to
suspend the fee for that county imposed pursuant to subdivision
(a) for one year.
(h) If any funds received by a county pursuant to subdivision
(a) are not expended or encumbered in accordance with this section
by the close of the fiscal year in which the funds were received,
the Controller shall notify the Department of Motor Vehicles to
suspend the fee for that county imposed pursuant to subdivision
(a) for one year. For purposes of this subdivision, “encumbered
funds” means funding that is scheduled to be spent pursuant to a
determined schedule and for an identified purchase consistent with
this section.
(i) On or before January 1, 2004, and on January 1 annually
thereafter, the Controller shall prepare and submit to the Legislature
a revenue and expenditure summary based on the information
provided pursuant to paragraphs (1) to (3), inclusive, of subdivision
(f), for each county that has authorized the collection of the fee
pursuant to subdivision (a). The Controller shall attach to the
revenue and expenditure summary the documents provided by
each county pursuant to paragraphs (4) and (5) of subdivision (f).
(j) This section shall remain in effect only until January 1, 2012,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2012, deletes or extends that date. No
fee imposed pursuant to this section may be collected beyond that
date.
O
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