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TO: Board of Supervisors 1'72
FROM: Phil Batchelor, County Administrator
'••-----
DATE: May 31, 1989 rq COU
SUBJECT: LEGISLATION: AB 1363 (Norm Waters)
Specific Request(s) or Recommendations(s) & Background & Justification
RECOMMENDATION:
Adopt a position in SUPPORT of AB 1363 by Assemblyman Norman Waters,which would return to police agencies
the responsibility tocertify equipment correction citations,or"fix-it"tickets ratherthan having such citations cleared
through the Courts.
BACKGROUND:
Undercurrent law,a citation for an alleged violation of specified provisions of the Vehicle Code relating to the unsafe
condition of vehicles,including violations dealing with required equipment,loading of vehicles,and brakes can be
dismissed by the Court if the driver presents proof of correction.
Assemblyman Norman Waters has introduced AB 1363 which would return the responsibility to verify the fact that
the correction has been made and thereafter to dismiss the citation to the issuing police agency,rather than the Court.
This would reduce by a substantial amount the number of citations which have to be processed by the Court and return
the processing of those citations to the police agency which issued the citation. Under current law, the Court is
prohibited from imposing a fine or assessing an administrative fee for a violation or processing a proof of correction
if the proof of correction has been timely and properly secured. As a result,AB 1363 allows the Court to return the
processing of a significant number of routine violations to the police agency which issued the citation without the
Court having lost any revenue.
The Municipal Court Administrator recommends that the Board of Supervisors support AB 1363 and this office
concurs in that recommendation.
CONTINUED ON ATTACHMENT: NO SIGNATURE: r&Z "Oe
Recommendation of County Administrator Recommendation of Board Committee
_X Approve J� Other:
Signature(s): &Mhy /
Action of Board on: June 6, 1989 Approved as Recommended Other
Vote of S pervisors
I HEREBY CERTIFY THAT THIS IS A TRUE AND
Unanimous(Absent ) CORRECT COPY OF AN ACTION TAKEN AND
Ayes: Noes: ENTERED ON HE MINUTES OF THE BOARD
Absent: Abstain: OF SUPERVISORS ON DATE SHOWN.
cc: County Administrator ATTESTED JUN 6 1989
Municipal Court Administrator PHIL BATCHELOR,CLERK OF THE BOARD
Sheriff-Coroner SUPERVISORS AND COUNTY ADMINISTRATOR
George Roemer,Director
Justice Systems Programs BY: Deputy Clerk
Assemblyman Norman Waters clvm:eh(ab1363bo)
Les Spahnn,Jackson/Barish&Associates