HomeMy WebLinkAboutMINUTES - 08011989 - 1.33 'i►' s 1®033
..........
TO: Board of Supervisors =�
FROM: Phil Batchelor, County Administrator
a�
DATE: July 24, 1989 '` _ �k
-- 6---l"t
SUBJECT: LEGISLATION: SB 829 (Watson)
Specific Request(s) or Recommendations(s) & Background & Justification
RECOMMENDATION:
Adopt a position of OPPOSE UNLESS AMENDED in regard to SB 829 by Senator Diane Watson
which would increase the penalties for writing, spraying, scratching or otherwise affixing graffiti
to the facilities or vehicles of a public transportation system and would dedicate all of the fine and
forfeiture revenue to the transportation system.
BACKGROUND:
Current law prohibits the writing, spraying, scratching or otherwise affixing of graffiti on or in the
facilities or vehicles of a public transportation system or in the facilities of or vehicles operated by
entities subsidized by the Department of Transportation. Under current law, however, a violation
of any of these provisions is an infraction,punishable by a fine not to exceed$250 or by community
service not to exceed 20 hours.
SB 829 would increase these penalties by providing that a violation is punishable by both a fine and
community service not to exceed 48 hours and that any community service which is required of a
person under the age of 18 may be performed in the presence and under the direct supervision of
the individual's parent or guardian. The bill would also provide that if a minor is unable to personally
pay any fine levied for violating these provisions the parent or guardian of the minor would be liable
for payment of the fine.
Continued on attachment: YES Signature:
Recommendation of County Administrator Recommendation of Board Committee
Approve Other:
Signature(s): L'
Action of Board on:-- August 1 1989 Approved as Recommended _ Other
Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
X Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE
Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN.
Absent: Abstain: AUG 11989
cc: County Administrator Attested
Municipal Court Administrator Phil Batchelor, Clerk of the Board
Director,Justice Systems Programs of Supervisors and County Administrator
Senator Diane Watson
Les Spahnn,SRJ.Jackson,Barish&Associates By Deputy Clerk
CLVM:eh(SB829bo)
In addition, SB 829 provides that any fine levied for violating these provisions shall be paid to the
transportation system having jurisdiction over the involved facility or vehicle to pay for removal of
the graffiti.
The primary objection to the provisions of SB 829 is the total removal of the fine revenue from the
normal distribution of fines and forfeitures otherwise prescribed by law. These repeated efforts to
divert city and county revenue which is intended to support the municipal and superior courts causes
staff to recommend that this particular provision of SB 829 be opposed. If Senator Watson were
willing to amend SB 829 to provide for a penalty assessment which would be directed to the
transportation agency the bill would be more acceptable. However, as drafted at this point,the bill
would actually remove existing revenue from cities and counties and divert it to transportation
agencies. In addition, the additional accounting complexities caused by such a provision will be
expensive for counties who will receive absolutely no reimbursement for the additional costs.
SB 829 passed the Senate on June 23, 1989 by a vote of 37:0 and is currently on referral to the
Assembly Public Safety Committee.