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HomeMy WebLinkAboutMINUTES - 04031990 - 1.42 TO: BOARD OF SUPERVISORS Contra Costa FROM: Phil Batchelor, County Administrator s ZAP:�-..: �. County DATE: March 26, 1990 SUBJECT: LEGISLATION: AJR 67 (Calderon) SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Continue the Board' s position in SUPPORT of Assembly Joint Resolution 67 (AJR 67 ) by Assemblyman Calderon which would request Congress to amend the Internal Revenue Code to allow information contained in currency transaction reports to be disclosed to state and local law enforcement agencies. BACKGROUND: On February 27 , 1990 the Board of Supervisors voted to support AJR 67 . The Resolution has now been amended. Under current federal law, individuals engaged in a trade or business who receive more than $10 ,000 in cash in a single transaction or two or more related transactions are required to file currency transaction reports with the federal government. The Treasury Department can use these reports to investigate possible money laundering or drug dealing operations. Under current law, the information contained in these reports may be disclosed to the Franchise Tax Board but must be treated as confidential by the Franchise Tax Board, meaning that it cannot release the information to any other state agency. As a result, the Attorney General is limited in his power to monitor money laundering or drug dealing operations within the state for possible violations of law. As amended March 7 , 1990, Assembly Joint Resolution 67 would request the Congress to amend Section 6103 of the Internal CONTINUED ON ATTACHMENT:Ye S YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATUREM:: ACTION OF BOARD ON April , 1990 APPROVED AS RECOMMENDED ey OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE 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: please see Page 2 . ATTESTED APR 3 1990 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382 (10/88) BY ,DEPUTY Revenue Code to permit information submitted in currency transaction reports to be disclosed to state and local law enforcement agencies. The March 7 ,_ 1990 amendments include local law enforcement agencies. It appears that passage of AJR 67 and action by Congress to amend the Internal Revenue Code as requested by AJR 67 would provide state and local law enforcement agencies with a valuable additional tool to monitor •money laundering or drug dealing operations within the state. In this way it appears to be entirely consistent with the Board of Supervisors ' war on drugs and therefore deserves the support of the Board. We are, therefore, recommending that the Board support AJR 67 as amended March 7 , 1990 . cc: County Administrator District Attorney Sheriff-Coroner Health Services Director County Probation Officer Drug Program Administrator Chair, Drug Abuse Advisory Board Les Spahnn, SRJ. Jackson, Barish & Associates