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HomeMy WebLinkAboutMINUTES - 06121990 - 1.32 - .._ 1-032 TO: BOARD OF SUPERVISORS Contra FROM: Cotta Phil Batchelor, County Administrator x, ,..: County DATE: June 4 , 1990 SUBJECT: LEGISLATION: SB 1150 (Lockyer) SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION- Continue the Board' s position of SUPPORT for SB 1150 by Senator Lockyer which would increase the period of driver' s license suspension when an individual is convicted of driving while under the influence of an alcoholic beverage or any drug or of refusing to undergo a chemical test .to determine the individual' s blood alcohol level and would make related changes in the procedures to be followed in making such a determination. SB 1150 also modifies the confidentiality of residence address records in the DMV and permits their release to an attorney who states under penalty of perjury that the information is necessary to represent his or her client. BACKGROUND: On February 27 , 1990 the Board of Supervisors voted to support SB 1150 by Senator Lockyer. On March 6, 1990 the Board of Supervisors voted to continue that support in view of the amendments which were made on January 24 , 1990 . On March 13 , 1990 the Board of Supervisors voted to continue their support of SB 1150 as it was amended February 15, 1990. On April 17 , 1990 the Board of Supervisors voted to continue its support of SB 1150 in view of the amendments made on March 13 , 1990. On May 1, 1990 the Board of Supervisors voted to continue their support of SB 1150 as amended April 3 , 1990. The bill has now been amended again. CONTINUED ON ATTACHMENTYe S YES SIGNATURE: U RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): 6�z� /,Z& ACTION OF BOARD ON June 12 , 1990 APPROVED AS RECOMMENDED OTHER 0 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: ATTESTED JUN 12 1990 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Please see Page 3 . M382 (10/88) BY / _DEPUTY r r Under current law, a person' s privilege to operate a motor vehicle may be suspended or revoked if the person is convicted of driving while under the influence of an alcoholic beverage, any drug, driving with an excessive blood alcohol concentration, driving while addicted or if the person refuses to submit to chemical testing of his or her blood, breath or urine after arrest for those offenses. The. period of suspension or revocation is enhanced if the person has had convictions of separate offenses of that prohibition or, in certain circumstances, convictions of reckless driving involving alcohol, within a specified 7 year period. Also, under current law, the Department of Motor Vehicles may suspend the person' s privilege to operate a motor vehicle for 6 months on a first violation or one year on any subsequent violation within 7 years if the department finds administratively that the person was driving a motor vehicle with an excessive concentration of alcohol in his or her blood. If the person subsequently . enrolls in an alcohol treatment_ program the department is required to suspend the person' s driving privilege for 30 days and then issue the person a restricted license for driving to and from treatment. If the person has a commercial license and has no separate violations of alcohol-related offenses or suspensions within 7 years, the department is required to suspend the person' s driving privilege and then issue the person a restricted license for driving to and from and in the course of his or her employment. SB 1150, as amended May 2, 1990, extends the period of suspension to one year on a first violation of refusing a chemical test of the person' s blood, breath or, urine and requires the revocation, instead of suspension, for 2 years, instead of one year, for a subsequent violation of such refusal or conviction of driving with an excessive blood alcohol content or upon an. administrative determination that the person was driving with an excessive blood alcohol content. If there had been two or more convictions within the past 7 years, the revocation would be for three years. SB1150 also allows the court to' postpone the license suspension until the driver has completed his or her term of imprisonment where a driver is sentences to one year in the county jail or. to more than one year in state prison. SB 1150 also conforms various provisions of law to the .08% blood alcohol limit which was enacted in 1989. The bill also makes a variety of procedural changes regarding the manner in which such cases are adjudicated. The bill clarifies that the administrative finding by the Department of Motor Vehicles that a driver was in physical control of a vehicle with a blood alcohol level of .08% or more is a civil matter which does not affect any subsequent criminal prosecution for the same or similar charges. The bill also provides that if an individual is acquitted of criminal charges relating to a determination of facts under this administrative procedure the Department must reinstate the person' s privilege to operate a motor vehicle if it was suspended administratively, return or reissue the " individual' s driver' s license and is precluded from charging any fee for returning or reissuing the driver' s license. The bill also notes that an administrative suspension because the individual refused a chemical test to determine the presence of alcohol in the driver' s blood, breath or urine does not preclude any subsequent criminal prosecution and does not preclude litigation of those same facts in the criminal proceeding. The bill provides that any court review of such an administrative determination shall not preclude subsequent 'criminal prosecution and does not preclude litigation of those same facts in the criminal proceeding. The bill also provides that if a person has refused an officer' s request to submit to, or has failed to complete, a chemical blood alcohol test but has entered a guilty plea to the charge of driving under the influence and has subsequently enrolled in an alcohol treatment program, . the court must, in addition to any other punishment which is imposed, order DMV to suspend the person' s driving privilege for six months or, for one year in the .case of a second conviction within seven years, and then, after 90 days, issue the person a restricted license authorizing the operation of a motor vehicle only to and from the treatment program. Under existing law residence addresses in records of the DMV are confidential and may be released only to financial institutions under certain circumstances and insurance companies under certain circumstances. SB 1150 allows an attorney to have access to otherwise confidential records of the Department of Motor Vehicles when the attorney certifies that such information is required in order to — represent his or her client in a criminal or civil action that is pending, is about to be filed or is being investigated. The May 2, 1990 amendments detail how this information is to be treated. Since SB 1150 continues to increase the penalties for driving under the influence of alcohol or drugs it appears to be consistent with the Board of Supervisors ' war on drugs. It is therefore recommended that the Board continue to indicate its support for SB 1150, as amended May 2, 1990. SB 1150 passed the Senate Judiciary Committee on January 16 , 1990 by a vote of 6: 0 . The bill passed the Senate Appropriations Committee January 25, 1990 by a vote of 8: 0. The bill passed the full Senate January 26 , 1990 by a vote of 33 :0. SB 1150 passed the Assembly Public Safety Committee on April 17, 1990 by a vote of 7: 0. The bill passed the Assembly Ways and Means Committee May 24, 1990 by a vote of 18: 1. The bill is now awaiting a final vote on the Assembly Floor for passage. cc: Senator Lockyer County Administrator District Attorney Sheriff-Coroner County Probation Officer Health Services Director Alcohol Program Administrator Municipal Court Administrator Les Spahnn, SRJ. Jackson, Barish & Associates ;; 1-®33 -TO:' = BOARD OF SUPERVISORS Contra _- Costa osta Phil Batchelor, County Administrator a DATE: ��sTA ctioN cA ° County June 4, 1990 SUBJECT: LEGISLATION: SB 1200 (Petris) SPECIFIC REQUESTS)OR RECOMMENDATION(S)a BACKGROUND AND JUSTIFICATION I F�, * The commitment of the local agency to continue the used oil collection project after state funding has expired. * The consideration given to a curbside used oil collection program. Grant awards are to be made by January 1, 1992. Grants require at least a 50% match from other public or private funds. Grant recipients are required to make a report to the Integrated Waste Management Board by January 1, 1993 describing the extent to which the program was successful in addressing the problem of the illegal disposal of used oil. The Board is then to forward all of these reports to the Legislature by March 1, 1993 along with their recommendations for the use of the program statewide. The grant program is funded with the transfer of $1,000,000 from the Petroleum Violation Escrow Account and clarifies that for the 1990-91 fiscal year the funds in the Petroleum Violation Escrow Account are to be appropriated in accordance with Chapter 1426 of the Statutes of 1988, which requires that one-half of each future disbursement received by the state for the implementation of the Katz Safe School Bus Clean Fuel Efficiency Demonstration Program. Since SB 1200 addresses a problem which is of considerable concern to the Board of Supervisors and provides funding to address the problem it appears appropriate for the Board of Supervisors to indicate its continued support for SB 1200. SB 1200 passed the Senate Energy and Public Utilities Committee May 9 , 1989 by a vote of 7:0. The bill passed the Senate Appropriations Committee January 25 , 1990 ' by a vote of 10: 0 and the full Senate January 26, 1990 by a vote of 31: 1. SB 1200 passed the Assembly Natural Resources Committee April 2 , 1990 by a vote of 9: 0 and has been placed on the Assembly Ways & Means Committee suspense file. cc: Senator Nicholas Petris County Administrator Community Development Director Sheila Cogan, Resource Recovery Specialist Health Services Director Marice Ashe, Health Services Department Catherine Kutsuris, CDD L---034 TO: BOARD OF SUPERVISORS Contra -- Costa FROM: n. „S oq Phil Batchelor, County Administrator County DATE: Sr+couN� June 4, 1990 SUBJECT: LEGISLATION: SB 1764 (Roberti) SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION nann9Mera1k7Ta mT:nuT - --_ — } establish a program which will do all of the following: 1. Determine the extent of California' s contribution of ozone-contributing gases. 2. Identify uses of ozone-depleting compounds that will not be substantially reduced or controlled as a result of the EPA' s limits on the production of ozone-depleting compounds. 3 . Augment, as necessary, national and international efforts to reduce the use of ozone-depleting compounds through the use of add-on engineering controls, process modifications, recovery and reuse of CFC' s and encourage the use of safe and effective alternative compounds, products and practices as they become available. 4. Encourage the sharing and dissemination of information. 5 . "Periodically evaluate the effect of California' s efforts to reduce its reliance on ozone-depleting compounds and revise the state' s program to build on new developments in this area. In order to accomplish the above points, the bill requires the State Air Resources Board (Board) to establish an environmental and technical assessment program. Specifically, the bill requires the Board by January 1, 1992 and every two years thereafter to identify the feasible technical options available to reduce CFC emissions for each of several specified uses of CFC' s. The term "technical options" is defined in the bill to include a variety of specified alternative ways of reducing the use of CFC' s. For each of these technical options the Board is required to include information on such things as emission reduction potential; health, safety and environmental side effects; institutional constraints, including governmental specifications and local regulations; cost to industry; commercial availability and effects on energy consumption. SB 1764 requires the Board, by July 1, 1992 and as often thereafter as the Board deems appropriate, to prepare a report containing its recommendations for regulatory action regarding a particular technical option, or for the banning of products containing CFC' s or of the use of a CFC if the technical option is a chemical or product substitute. The bill also establishes an Environmental and Technical Assessment Advisory Committee which is to advise the state Board in the evaluation and recommendation of technical options to reduce CFC emissions. The bill also requires the state Board to establish by July 1, 1992 a technical assistance program to assist CFC users in identifying technical options which are available to reduce CFC emissions. The bill also provides for penalties for violating any provision of the bill, including imprisonment and/or fines of at least $5000 and not to exceed $100,000 for each day that a knowing and willful violation continues. The state Board is required to report to the Legislature and the Governor by July 1, 1994 and every other year thereafter on the program which is designed to carry out the provisions of the bill. The state Board is . also authorized to impose fees on those who use or handle CFC' s to cover their costs in implementing this program. The bill provides that it would sunset on January 1 , 1997 . It appears that passage of SB 1764 would further the Board of Supervisors ' environmental goals -and it is therefore recommended that the Board continue to indicate their support of SB 1764 . SB 1764 passed the Senate Natural Resources & Wildlife Committee March 271 1990 by a vote of 5: 2. The bill passed the Senate Appropriations Committee April 23 , 1990 by a vote of 10: 0 and the full Senate on May 10, 1990 by a vote of 30: 4. The bill is pending assignment to a Committee in the Assembly. cc: Senator David Roberti -County Administrator Community Development Director Resource Recovery Specialist Catherine Kutsuris, Staff to the Environmental Affairs Committee County Counsel Les Spahnn, SRJ. Jackson, Barish & Associates 1-035 TO: BOARD OF SUPERVISORS fr Contra FROM: Costa Phil Batchelor, County Administrator 's oss County r� DATE: June 4 , 1990 a c---- �P SUBJECT: LEGISLATION: SB 2588 (Alquist) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Tlrn mm"MILT_ The May 16, 1990 amendments relate to provisions of the bill which apply only to counties in which there are 50 or more authorized judges and which authorize such counties to collect the additional surcharge until the courthouse construction bonds are issued or, if the legislation authorizing the bonds does not pass, until November 3 , 1992 . The Board of Supervisors has included in its 1990 Legislative Program the enactment of an increase in the civil filing fee to provide additional funds for courthouse construction. In view of the introduction of SB 2588 by Senator Alquist for this purpose, it appears to be appropriate for the Board of Supervisors to continue its support of SB 2588. SB 2588 passed the Senate Judiciary Committee on May 1 , 1990 by a vote of 8 :0 . The bill is currently on Special Consent Calendar on the Senate Floor. CC: Senator Alquist County Administrator Superior Court Administrator Municipal Court Administrator Director, Justice Systems Programs Deputy County Administrator-Capital Projects Les Spahnn, SRJ. Jackson, Barish & Associates