SUBJECT: Vehicle registration surcharge: fingerprint identification
SUMMARY: Authorizes an increase in the vehicle registration fee used to fund fingerprint identification programs. Specifically, this bill:
1) Authorizes, for counties that have imposed a vehicle registration fee for fingerprint identification programs, the fee to be increased from $1 to $2 (and from $2 to $4 for commercial vehicles).
2) For counties that have not imposed a $1 vehicle registration fee for fingerprint identification programs, authorizes imposition of a $2 fee (and a $4 fee for commercial vehicles).
EXISTING LAW:
1) Authorizes a county board of supervisors to impose a $1 vehicle registration fee for purposes of funding fingerprint identification programs; for counties that opt to impose this fee, commercial vehicles in the county pay a $2 vehicle registration fee for the same purpose.
2) Requires participating counties to make findings as to the purpose of, and the need for, imposing the additional vehicle registration fee.
3) 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.
4) 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 (e.g., driving under the influence) and other crimes committed while operating a motor vehicle.
5) Requires every participating county to issue a fiscal year-end report to the California State Controller summarizing the data on its fingerprint identification program, including total revenues received by the county; total expenditures and funds encumbered; unexpended or unencumbered fee revenues; 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; and a description of how the use of the funds benefits the motoring public.
6) Suspends for one year the fee in any county that fails to submit this report or that has unexpended or unencumbered fee revenue at the close of the fiscal year in which fee revenue was received.
7) Imposes, or authorizes the imposition of, a number of other vehicle registration fees, including:
a) $43 basic registration fee to cover costs related to the regulation of vehicles;
b) $3 additional basic registration fee, $2 of which is for programs to reduce vehicle emissions and $1 of which is for programs to encourage the voluntary retirement of passenger vehicles and light-duty and medium-duty trucks that are high polluters;
c) $24 California Highway Patrol (CHP) fee to pay for additional CHP officers;
d) Vehicle license fee (VLF) based on the value of the vehicle. The VLF is an in-lieu property tax and revenue collected is returned to cities and counties;
e) $20 smog abatement fee for newer model-year vehicles;
f) Various fees collected on behalf of local districts or counties. These fees may include:
i) Up to $4 for vehicles registered in San Mateo County for purposes related to traffic congestion and stormwater pollution management;
ii) $4 for vehicles registered in San Francisco to fund programs to provide public transit;
iii) $1 for freeway service patrol programs;
iv) Between $2 and $19 for programs to reduce air pollution from motor vehicles;
v) $1 for programs aimed at deterring vehicle theft and prosecuting driving-under-the-influence violations; and,
vi) $1 for vehicle abatement activities.
Commercial vehicles are subject to many of these same fees in addition to others, such as fees related to cargo theft deterrence and to gross vehicle weight.
COMMENTS: The Department of Justice (DOJ) started the fingerprint identification program, known as Cal-ID, in the late 1980s 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.
Limited funding for the technology and equipment hampered implementation of Cal-ID. As a result, the Legislature passed SB 720 (Lockyer), Chapter 587, Statutes of 1997, authorizing 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 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. Finally, AB 674 (Bonilla), Chapter 205, Statutes of 2011, repealed the sunset date entirely.
According to the sponsors, the Cal-ID program has been a statewide success. They contend it has saved DOJ countless hours of manually scanning 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 identification needed to authenticate individuals using not only fingerprints but also retinal scans, facial scans, 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 driver's license photograph from the field.
Although the program has been extended indefinitely, the author points out that the $1 vehicle registration fee has not changed since the inception of the program 17 years ago. This bill is intended to restore some of the lost purchasing power of the original $1 fee as well as to allow law enforcement to take advantage of advances in technology.
Writing in opposition to AB 2393, the Howard Jarvis Taxpayers Association argues that the fee increase proposed in this bill runs afoul of Constitutional provisions governing the imposition of special taxes, namely that imposition of such a tax requires a two-thirds vote of the electorate.
To this point, AB 2393 is a majority vote measure in the Legislature because it does not directly result in a taxpayer paying a higher tax. Instead, this bill delegates to county boards of supervisors the authority to impose a vehicle registrations fee. Ultimately, county counsels will have to determine the appropriate vote threshold at the county level, where a two-thirds vote of the electorate may be required.
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, extended the program until January 2012.
AB 674 (Bonilla), Chapter 205, Statutes of 2011, extended the program indefinitely.
Double referral: This bill is double-referred to the Local Government Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
California State Sheriffs' Association (sponsor)
California Association of Crime Laboratory Directors
Kern County Sheriff
Yolo County Sheriff
Opposition
California Car Clubs
California Taxpayers Association
Howard Jarvis Taxpayers Association
Analysis Prepared by: Janet Dawson / TRANS. / (916) 319-2093 |