HomeMy WebLinkAboutMINUTES - 05161989 - 1.36 TO: Board of Supervisors _
FROM: Phil Batchelor, County Administrator x:
oST
DATE: May 11, 1989 -----------
SUBJECT: LEGISLATION: EXTENSION OF FINANCIAL
RESPONSIBILITY STATUTES
Specific Request(s) or Recommendations(s) & Background & Justification
RECOMMENDATION:
Authorize the County Administrator to seek amendments to any legislation which maybe introduced
to extend the financial responsibility law (Vehicle Code Section 16028)to provide that the County
is authorized to impose an administrative fee designed to recover the full cost of processing such
citations and otherwise to oppose legislation which extends the financial responsibility law without
allowing the County to recover its full costs.
BACKGROUND:
One of the issues which is included in the Board's 1989 Legislative Program is authorization for the
County to impose an administrative fee on those individuals who fail to have proof of insurance
coverage available in their vehicle, even though they have insurance in force. Under current law,
if an individual is stopped by a peace officer for another vehicle code violation and cannot produce
proof of insurance coverage, the individual receives a citation for this failure (violation of the
financial responsibility law) in addition to the offense which caused the driver to be stopped in the
first place. However,if the driver had insurance in force and simply was unable to produce proof
of coverage when requested, the citation is dismissed when the driver provides such proof of
insurance coverage to the Court.
CONTINUED ON ATTACHMENT:. YES SIGNATURE:
XRecommendation of County Administrator Recommendation of Board Committee
X_ Approve Other-
Signature(s):
Action of Board on: May 16,1989 Approved as Recommended Other
Vote of Supervisors
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 MAY 16 1989 _
Municipal Court Administrator PHIL BATCHELOR,CLERK OF THE BOARD
Assemblyman Robert Campbell SUPERVISORS AND COUNTY ADMINISTRATOR
Les Spahnn,Jackson/Barish&Associates
BY: ,Deputy Clerk
clvm:eh(finrspbo) U Joe
Financial Responsibility
May 11, 1989
Page -2-
When the citation is dismissed,the Court receives no revenue for having had to process the citation,
verify insurance coverage and handle all of the related paperwork. A significant percentage of
drivers who are cited for failure to have proof of insurance coverage available have been cited for
the same offense before,even though they have insurance in force. Of some 60,000 citations which
have been issued in Contra Costa County for failure to comply with the financial responsibility
statute since January 1, 1988, 26% were repeat violators.
This appears to be a significant problem since the period involved is only 16 months and would have
required that in each instance the individual had already been stopped for another vehicle code
violation since a citation forviolation of the financial responsibility statute cannotbe issued by itself.
In an effort to discourage drivers from violating the financial responsibility statute when they have
insurance in force, it was suggested by this County that the Legislature authorize the County to
impose an administrative fee in an effort to get the message across to drivers that it is going to cost
them something to violate the financial responsibility statute, even if the citation is eventually
dismissed.
Unfortunately,we have been unsuccessful in getting legislation heard in Committee to impose this
administrative fee, in large part because the underlying financial responsibility law itself is due to
sunset January 1, 1990. Assemblyman Campbell, who introduced legislation authorizing such an
administrative fee,has understandably been reluctant to proceed to have the bill heard in Committee
if the entire program is going to be allowed to expire at the end of this year.
We are, therefore, recommending that if legislation to extend the financial responsibility statute is
introduced that staff be authorized to request amendments to include the administrative fee noted
above and that in the absence of such authority that extension of the financial responsibility statute
be opposed.