HomeMy WebLinkAboutMINUTES - 07081986 - 1.38 TO- BOARD OF SUPERVISORS
FROM: Phil Batchelor Col ra
County Administrator (x)st.,
DATE: July 1, 1986 CWV
SUBJECT: Legislation: Assembly Bill 3831 (McClintock)
SPECIFIC REQUEST(S) OR RECOMMENDATION S) & BACNGROUTD ANO JUSTIFICATION
RECOMMENDATION•
Remove the Board' s opposition to AB 3831 by Assemblyman
McClintock on the condition that it is amended as noted below.
BACKGROUND:
On May 20, 1986, the Board adopted a position of opposition to AB
3831 by Assemblyman McClintock. AB 3831 provided that certain
littering offenses would be made misdemeanors rather than
infractions; that the minimum fine for littering offenses would
be increased from $20 to $250, and would transfer all of the
resulting fine and forfeiture revenue to the State to be used for
litter clean-up activities.
In opposing AB 3831, the Board' s concern was that making
littering offenses misdemeanors would give defendants an
opportunity to a jury trial and the use of the Public Defender;
that the substantial increase in the fine, particularly when
combined with the penalty assessments, would almost guarantee
many defendants would seek jury trials, and that all revenue
would be transferred to the State, thus removing the only source
of funding for this additional workload.
The County' s lobbyist has been successful in _getting a commitment
from Assemblyman McClintock' s office that the bill would be
amended to leave offenses as infractions, that the existing
distribution of fine and forfeitures would remain under which the
cities and counties retain 500 of the revenue, and that
consideration would be given to reducing the minimum fine to a
more reasonable level.
In view of these agreements on the part of Assemblyman
McClintock, it is our recommendation that the Board remove their
opposition to . AB 3831 . However, the bill has not yet been
amended, and the Board' s removal of their opposition should,
therefore, be conditioned upon having the agreed-upon amendments
placed in the bill.
CONTINUED ON ATTACHMENT: _ VES SIGNATURE-. ,r//.q/// late
/ RECONNENDAT t ON OF COUNTY ADN I N I STRATOR RiMOAIMENDAT I ON cIBOARD COSMO 11 TTEIE
--L APPROVE OTHER
SIGNATUREI S): k /At
ACTION OF BOARD ON J u l-/ 8, 1 q 8 6 APPROV D AS R,,mm,—,D77
OT6�Ad
VOTE OF SPERVISORS
I FIERE W CERTIFY 'T1161,'T' THIS IS A 111E
J� LAUNIUMM (ABSENT AIS C1CIRRECT COPY OF AN ACTOCIN TARI EN
AYES: NOES: AND ENTERED ON 'RIFE NINUTBcS OF TFIE B C WIW
ABSENT: ABSTAIN: CF SU ERVISCIdS CEI 'TIME DATE SHOM.
cc: County Administrator Amann
Roy Chiesa, W.C.-Danville Muni Ct. J!A -
Assemblyman Tom McClintock �1H°4L OF THE 0nQW of
SUPE RM ,4g M CXNA"yP AADDI4�eIPASWAA1ftID8R
Kathy Snodgrass, Jackson/Barish
MM3a2/7-53
ear „m�auTY