HomeMy WebLinkAboutMINUTES - 02131990 - 1.29 - I
TO: BOARD OF SUPERVISORS1L
..... ° Contra
FROM: Phil Batchelor, County Administrator (� �f \\' Costa
County
February 5 , 1990
DATE: (°ti'Yq=
Coo
LEGISLATION: SB 1808 (Leonard)
SUBJECT:
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SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Adopt a position in SUPPORT of SB 1808 by Senator Leonard which
would reduce the permissible limit of blood alcohol for persons
operating vessels from . 10% to . 08% and which would reduce the
permissible limit of blood alcohol for minors operating vessels
from . 10% to . 05%. The bill also specifies that a minor may be
found guilty of operating a vessel with a blood alcohol level of
.05% even if a � blood test was not made if the individual was
operating a vessel while under the influence of an alcoholic
beverage and if the trier of fact finds that the minor consumed
an alcoholic beverage and was operating a vessel with a blood
alcohol level of . 050 or more. The bill also requires that,
effective January 1, 1992, any minor found in violation of this
provision be required to participate in an alcohol education or
community servi ie program.
BACKGROUND:
Under current law, an individual is prohibited from operating any
vessel or manipulating water skis, an aquaplane or a similar
device with a blood alcohol level of . 10% or more. No separate
definition is made for minors.
SB 1808 , as int Iroduced, would reduce all references to a blood
alcohol level of . 10% to . 08% to conform them to the similar
changes which were made in 1989 in regard to the blood alcohol
level for operating vehicles. In addition, SB 1808 would specify
a lower level of . 05% for a minor who is operating a vessel,
water skis, an aquaplane or similar device. The level of proof
Yes
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON Fe ruary ,
APPROVED AS RECOMMENDED OTHER
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VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
FEB 1 3 1990
CC: � ATTESTED
Please see Page 2 . PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY
M382 (10/88) ✓ DEPUTY
T.
which must be obtained for a minor is also reduced so that a
minor can be convicted of this provision of law as long as it is
shown that the individual was operating a vessel while under the
influence of an alcoholic beverage, had consumed an alcoholic
beverage and was operating a vessel while having a blood alcohol
level of . 05% or more, even if no chemical test was made of the
blood. Finallyi, SB 1808 requires that any minor convicted of
this provision hof law be required to participate in an alcohol
education or community service program.
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Since SB 1808 reduces the level of alcohol which an individual
can have in his or her blood while operating a vessel and since
SB 1808 makes special provisions for minors who operate vessels
while under theiinfluence of alcoholic beverages the bill appears
to be consistent with the Board of Supervisors' war on the
illegal use of "alcoholic beverages. It is therefore recommended
that the Board indicate its support for SB 1808 .
cc: County Administrator
District Attorney
Sheriff-Coroner
Public Defender
County Probation Officer
Health Services Director
Alcohol Program Administrator '
Chair, Alcohol Advisory Board
Les Spahnn; SRJ. Jackson, Barish & Associates
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