HomeMy WebLinkAboutMINUTES - 07101990 - 1.75 TO: BOARD OF SUPERVISORS `s' L Contra
1 ,.
Costa
FROM: •;-
s
Phil Batchelor, County Administrator County
DATE: cOSrA couK cry _
July 5, 1990
SUBJECT: LEGISLATION: AB 3549 (Norman Waters)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Indicate that the Board of Supervisors continues a SUPPORT IF
AMENDED position in regard to AB 3549 by Assemblyman Norman
Waters which would authorize police departments to dispose of
mechanical (fix-it) tickets which they have issued without the
need for the ticket to be returned to court to dispose of the
citation.
BACKGROUND:
On June 19, 1990 the Board of Supervisors voted to support AB
3549 by Assemblyman Waters if it were amended to provide an
administrative fee for the issuing law enforcement agency. On
June 13 , 1990 the bill was amended.
Under current law when a mechanical violation is issued by a law
enforcement officer, commonly referred to as a "fix-it" ticket,
the owner of the vehicle must have the issuing law enforcement
agency sign-off on the correction, indicating that the defect
which caused the citation to be issued has been properly
corrected. The owner then must present the citation, signed-off
by the law enforcement agency, to the Municipal Court having
jurisdiction over the location where the citation was issued.
The court is then required to dismiss the citation, upon being
satisfied that the basis of the citation has been corrected.
AB 3549 would eliminate the need for the Municipal Court to be
involved in such citations, as long as the owner has the defect
CONTINUED ON ATTACHMENT:Y2S—YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S
ACTION OF BOARD ON JUTY , APPROVED AS RECOMMENDED A 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. C
CC: ATTESTED G /,Q / /
PHIL BA HELOR,CKERK OF THE BOARD OF
Please see Page 2. SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10{88)
BY DEPUTY
corrected in a timely manner. The. owner would present proof of
correction to the law enforcement agency which issued the
citation. Upon being convinced that the defect. has been
corrected, the law enforcement agency could dispose of the
citation without any further involvement by the Municipal Court.
Of course, if the owner fails to dispose of the citation in a
proper and timely manner, the citation would be referred to the
Municipal Court by the law enforcement agency for further
processing. The June 13 , 1990 amendment adds an administrative
fee but for the Department of Motor Vehicles rather than the
issuing law enforcement agency. We would continue to like to see
the bill amended in order to provide the issuing law enforcement
agency an administrative fee of perhaps $10 for processing each
mechanical defect citation.
The Contra Costa County Municipal Court Administrator supports AB
3549 and recommends that the Board of Supervisors support the
bill as well.
We would, therefore, recommend that the Board of Supervisors
indicate their willingness to support AB 3549 if it is amended to
provide for an administrative fee for the law enforcement agency
which processes the notice to correct.
AB 3549 passed the Assembly Transportation Committee on April 23 ,
1990 by a vote of 14: 0. The bill passed the Assembly Ways and
Means Committee on June 13 , 1990 by a vote of 22: 0. The bill was
on the Third Reading File on the Assembly Floor when Assemblyman
Waters placed the bill on the inactive file on June 14, 1990.
CC: Assemblyman Norman Waters
County Administrator
Municipal Court Administrator
Sheriff-Coroner
Director, Justice Systems Programs
Les Spahnn, SRJ. Jackson, Barish & Associates