HomeMy WebLinkAboutMINUTES - 06211988 - IO.6 TO� � '� -BOARD OF SUPERVISORS I .O. 6
FROM: INTERNAL OPERATIONS COMMITTEE C tra
DATE: June 13 , 1988 CutW
Implementation of Legislation to Require Drivers Ounthe coirty
SUBJECT: Influence of Alcohol or Drugs to Pay for the Cost of
Emergency Response caused by Their Negligence
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . That the Board of Supervisors indicate to the
Sheriff-Coroner and Fire Chiefs in the County the Board' s
interest in having those departments implement Article 8,
Chapter 1, Part 1, Division 2, Title 5 of the Government
Code consisting of Sections 53150 through 53158. These
Sections make any person who is under the influence of an
alcoholic beverage or any drug liable for the cost of an
appropriate emergency response which is caused by the
individual' s . negligence while operating a motor vehicle,
boat, vessel, or civil aircraft.
2 . Request the County Administrator to prepare a plan in
cooperation with the Sheriff and Fire Chiefs for how this
legislation can best be implemented and present a report to .
the Board within 60 days. This plan should include
provision for coordinated billing and collection for all
involved County agencies.
3 . Direct the County Administrator to include in the Board' s
1989 Legislative Program a provision to increase the amount
for which an individual is liable from $1000 per incident to
$1000 per responding agency up to a maximum of $5000 per
incident.
4. Remove this item as a referral to our Committee.
BACKGROUND:
On February 9 , 1988, at the request of Supervisor Torlakson, the
Board of Supervisors referred to our Committee a proposal to
implement a program to bill drunk drivers for damages resulting
from their negligence. This legislation (Chapter 337, Statutes
of 1985) which became effective January 1, 1986, makes any person
who is under the influence of an alcoholic beverage or any drug
and whose negligent operation of a motor vehicle, boat, vessel,
or civil aircraft causes any incident resulting in an appropriate
CONTINUED ON ATTACHMENT: _ YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
hv_-70-n 141��
SIGNATURE(si: Sunne W. McPeak Tom Torlakson
ACTION OF BOARD ON June 21 , 1988 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
1 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.
Cc: Listed on Page 2 ATTESTED �9
PHI BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY ,DEPUTY
M382/7-83
f
Page 2
emergency response liable for the expense of the emergency
response. As originally enacted, liability was limited to $500
for any particular incident. This limit was increased to $1000
(Chapter 1112, Statutes of 1986) effective January 1, 1987.
We have discussed this subject with Consolidated Fire Chief Bill
Maxfield, County Probation Officer Jerry Buck, and
Sheriff-Coroner Richard Rainey. Their written comments to our
Committee are attached.
We believe that this legislation should be implemented in the
unincorporated area of Contra Costa County as it has been in
several cities within the County. We are concerned, however,
that the billing and collection for this program be coordinated
through the County Administrator's Office so that the Office of
Revenue Collection can be involved in the billing and collection
activity.
The law currently allows liability of only $1000 per incident
even though multiple agencies may respond to a given incident.
We are, therefore, suggesting that the legislation be amended to
allow recovery of actual cost up to $1000 for each emergency
response agency which responds to a particular incident.
cc: County Administrator
Sheriff-Coroner
Fire Chiefs: Consolidated, Riverview,
West County, Orinda, Moraga
County Probation Officer
Auditor-Controller
County Counsel