HomeMy WebLinkAboutMINUTES - 06261990 - 1.31 V9L ®3
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TO: BOARD OF SUPERVISORS
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Phil Batchelor, County Administrator s
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DATE: June 19, 1990
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SUBJECT: LEGISLATION - AB 3001 (Hansen, et al)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOPREENDATION
Indicate that the Board of Supervisors continues to be in SUPPORT
of AB 3001 by Assemblywoman Hansen and 14 co-authors which would
make it unlawful for a person who is under the age of 18 to drive
a vehicle if the person has a detectable presence of consumed
alcohol.
BACKGROUND:
On March 20, 1990 the Board of Supervisors voted to support AB
3001. On April 17 , 1990 the Board of Supervisors voted to
continue their support of AB 3001 as amended on March 26 , 1990 .
On May 25, 1990 the bill was amended again.
Under existing law, it is unlawful for a person who is under the
age of 18 to drive a vehicle if the person has a blood alcohol
level of . 050 or more.
AB 3001, as amended May 25, 1990 would, in addition, make it
unlawful for a person who is under the age of 18 years to drive a
vehicle with a detectable presence of consumed alcohol. This
determination is to be based on a peace officer' s observations
and after administering a field sobriety test to the driver who
is stopped for a violation of the Vehicle Code. The officer must
observe symptoms of alcohol consumption, including at a minimum
an odor of alcohol on the breath and the fact that the person
exhibits unsatisfactory performance on the field sobriety test.
CONTINUED ON ATTACHMENT: Yes YES SIGNATURE:
y 77
e&64 z
n RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): 6&6h X
ACTION OF BOARD ON 4Xupp 26, 19Qn APPROVED AS RECOMMENDED 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.
JUN 2 6 1990
CC: ATTESTED
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Please see Page 2.
V 2"M382 (10/88) BY DEPUTY
• -2-
A violation of this section would be punishable by a fine not to
exceed $50 or eight hours of community service. In addition, the
court could require the driver to participate in an alcohol
education program.
Under current law the Department of Motor Vehicles is required to
either suspend or revoke the driving privileges of an individual
who refuses to submit to a test of his or her blood, breath or
urine for evidence of alcohol or drugs.
AB 3001 would require the DMV to revoke the driving privileges of
a minor who refuses to submit to such tests until the individual
reaches the age of 18, for one year or for the period of time
specified in Section 13352 (a) of the Vehicle Code, whichever is
the longest period of time. Finally, the bill requires that the
fact that a minor has been diverted from wardship because of
certain driving offenses involving alcohol or drugs to be
reported to DMV within 10 days.
AB 3001 passed the Assembly Public Safety Committee on May 8,
1990 by a vote of 6: 0 . The bill passed the Assembly Ways and
Means Committee on June 6, 1990 by a vote of 18: 2. The bill is
currently on the Third Reading File on the Assembly Floor.
By establishing more restrictive requirements . on an individual
under the age of 21 who has been drinking alcoholic beverages, AB
3001 assists the Board of Supervisors ' war on drug and alcohol
abuse and therefore appears to deserve the continued support of
the Board of Supervisors.
cc: Assemblywoman Bev Hansen
County Administrator
District Attorney
Sheriff-Coroner
County Probation Officer
Health Services Director
Alcohol Program Administrator
Chair, Alcoholism Advisory Board
Les Spahnn, SRJ. Jackson, Barish & Associates