HomeMy WebLinkAboutMINUTES - 04111989 - 1.27 n
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TO: Board of Supervisors ---------
•-' Contra
FROM: Phil Batchelor, County Administrator
Costa
DATE: Aril 4 1989 :�r County
SUBJECT: LEGISLATION: SB 166 (Ayala)
Specific Request(s) or Recommendations(s) & Background & Justification
RECOMMENDATION:
Adopt a position of OPPOSE UNLESS AMENDED in relation to SB 166 by Senator Ayala. The amendments
being sought should guarantee that the authority to impose an assessment on drivers convicted of driving under the
influence of drugs or alcohol is in the same amount as the spin-off to the Sheriff's laboratory fund. In the absence
of such an amendment the Board's position should be to OPPOSE: SB 166.
REASONS FOR RECOMMENDATION/BACKGROUND
On April 4, 1989 the Board of Supervisors voted to request amendments to SB 166 by Senator Ayala which would insure that the
assessment imposed against individuals convicted of driving under the influence of drugs or alcohol is in the same amount
as the spin-off which is dedicated to the Sheriff's laboratory fund.
Under current law$50 is spun off the top of the fine and forfeiture pot for each of certain specified convictions of reckless driving and
driving under the influence of drugs or alcoholic beverages and is dedicated to the Sheriff's laboratory. Contra Costa County was
successful in 1987 in obtaining authority to impose an additional$50 assessment on each conviction of driving under the influence of
drugs or alcoholic beverages in order to help offset this spin-off from the fine and forfeiture pot.
Senator Ayala has introduced SB 166 which,as amended March 27, 1989 allows any county to impose this assessment. However,the
spin-off to the Sheriff's laboratory fund is increased to$100 for each of the specified convictions and the additional assessment is left
at$50. The bill had been amended to increase the assessment to$75,but the March 27 amendments return the assessment to$50.
The practical effect of this change is that the County General Fund and the cities who would otherwise receive their proportionate share
of the fine and forfeiture revenue are being asked to finance the increased transfer to the Sheriff's laboratory fund. While we do not take
a position on whether the increased spin-off to the Sheriff is justified, we are recommending that the Board of Supervisors seek
amendments to return the assessment to the same level as the spin-off to the Sheriff-$100 as the bill was amended March 27,1989. If
the author is unwilling to increase this additional assessment to assist in offsetting the cost of the increased spin-off then it is recommended
that the Board of Supervisors actively oppose the bill and urge its defeat.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
Recommendation of County Administrator Recommendation of Board Committee
//��Appreeovee Other-
Signature(s): Li'&"
Action of Board on: April 11, 1989 Approved as Recommended Other
Vote of Supervisors
I HEREBY CERTIFY THAT THIS IS A TRUE AND
X 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 APR 11 1989
Sheriff-Coroner PHIL BATCHELOR,CLERK OF THE BOARD
Municipal Court Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
Alcohol Program Chief
Health Services Director BY. �fS ,Deputy Clerk
Senator Ruben Ayala
Les Spahnn,Jackson/Barish&Associates