HomeMy WebLinkAboutMINUTES - 04201984 - 1.24 TO: BOARD OF SUPERVISORS
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FROM: C. E. Dixon, Interim County Administrator �( ir
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DATE: March 15, 1984 `�-��-'
SUBJECT: Legislation: AB 3695
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position in opposition to AB 3695 (Ross Johnson)
BACKGROUND:
Existing law (Chapter 2, Part 2, Division 7 of the Business and Professions Code)
governs combinations in restraint of trade and generally applies to private business
activities. Section 16722 says that any contract or agreement in violation of
Chapter 2 is void and unenforceable. This section does not specify whether or not
it applies to contracts entered into by local governments.
AB 3695 would specifically provide that contracts entered into by local governments
are subject to the antitrust provisions of Chapter 2 unless the particular activity
is expressly authorized elsewhere in State law. County Counsel advises that
AB 3695 would extend the County's exposure to antitrust liability and recommends
that the Board oppose AB 3695. We concur with that recommendation.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON March 20, 1984 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS �_ 1 0001 75
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
County Administrator OF SUPERVISOR"N THE DATE SHOWN.
County Counsel
C c: Legislative Delegation ATTESTED
Assemblyman Ross Johnson J.R. OLSSON, COUNTY LERK
Assembly Judiciary Committee AND EX OFFICIO CLERK OF THE BOARD
CSAC
MS82/7•83 BY DEPUTY