HomeMy WebLinkAboutMINUTES - 07171990 - 1.32 > k4111-0302,
TO: BOARD OF SUPERVISORS
Y Contra
FROM: / Costa
Phil Batchelor, County Administrator x
DATE: July 10 , 1990 srq.���x�,- County--
SUBJECT: LEGISLATION: SB 1808 (Leonard)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECO14MENDATION
Continue the Board' s previous position in SUPPORT of SB 1808 by
Senator Leonard which would reduce„ the permissible limit of blood
alcohol for persons operating vessels from . 10% to . 08o and which
would reduce the permissible limit of blood alcohol for minors
operating motorboats from .10a to . 050. The bill also specifies
that a minor may be found guilty of operating a motorboat with a
blood alcohol level of . 05o even if a blood test was not made if
the individual was operating a motorboat while under the
influence of an alcoholic beverage and if the trier of fact finds
that the minor consumed an alcoholic beverage and was operating a
motorboat with a blood alcohol level of .050 or more. The bill
also provides that a minor found guilty of violating this section
is guilty of an infraction, for which specified fines are
imposed. In addition, the minor can be required to participate
in an alcohol education or community service program. The bill
expands the type of . vessels covered by these provisions,
effective January 1, 1992, to any motorized recreational vessel.
The bill also reduces the permissible blood alcohol level
effective January 1, 1992 for an individual operating any non
recreational vessel to . 040.
BACKGROUND:
On February 13 , 1990 the Board of Supervisors voted to support SB
1808 as introduced. On March 27, 1990 the Board of Supervisors
voted to continue their support of SB 1808 as it was amended
February 28, 1990. The bill has now been amended again.
17
CONTINUED ON ATTACHMENT: Yes.YES SIGNATURE: G
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
6&64We 46
ACTION OF BOARD ON July 17, 1990 APPROVED AS RECOMMENDED OTHER
REQUESTED County- Admini..trator to explore with
Senator Leonard the- addition of ,Gupport for the
marine patrol on the Delta,
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 JUL 17 1990
PHIL BATCHELOR,CLERK OF THE BOARD OF
Please see Page 2. SUPERVISORS AND COUNTY ADMINISTRATOR
BY - DEPUTY
M382 (10/88)
-2-
Under current law, an individual is prohibited from operating any
vessel. or manipulating water skis, an aquaplane or a similar
device with a blood alcohol level of . 10% or more. No separate
definition is made for minors.
SB 1808, as amended June 26, 1990, would reduce all references to
a blood alcohol level of . 10% to . 08% to conform them to the
similar changes which were made in 1989 in regard to the blood
alcohol level for operating vehicles. Effective January 1, 1992
the permissible blood alcohol level is reduced to . 04% for any
person who is operating any vessel other than recreational
vessels. This provision would also be applicable to foreign
vessels which are using waters subject to state jurisdiction.
In addition, SB 1808 would specify a lower level of . 05% for a
minor who is operating a motorboat and would make it an
infraction for a minor to so operate a motorboat. The level of
proof 'which must be obtained for a minor is also reduced so that
a minor can be convicted of this provision of law as long as it
is shown that the individual was operating a motorboat while
under the influence of an alcoholic beverage, had consumed an
alcoholic beverage and was operating a motorboat while having a
blood alcohol level of . 05% or more, even if no chemical test was
made of the blood.
Finally, SB 1808 requires that any minor convicted of this
provision - of law be required to participate in an alcohol
education or community service program and imposes a fine of $100
for a first offense of violating this provision. A fine of $200
is imposed if there is a prior conviction within one year. A
third or subsequent conviction with two or more prior convictions
within one year carries a fine of $250.
Effective January 1, 1992 the offense for minors is expanded from
a motorboat to any motorized recreational vessel which is
operated with a blood alcohol level of . 05% or more. The fines
and other punishments remain the same as noted above.
Since SB 1808 reduces the level of alcohol which an individual
can have in his or her blood while operating a vessel and since
SB 1808 makes special provisions for minors who operate
motorboats or motorized recreational vessels while under the
influence of alcoholic beverages the bill appears to be
consistent with the Board of Supervisors ' war on the illegal use
of alcoholic beverages. It is therefore recommended that the
Board continue to indicate its support for SB 1808.
SB 1808 passed the Senate Judiciary Committee on February 20,
1990 by a vote of 11:0. Hearing on the bill was waived by the
Senate Appropriations Committee and the bill passed the full
Senate April 5, 1990 by a vote of 34 : 0. The bill passed the
Assembly Public Safety Committee on June 25, 1990 by a vote of
8:0. The bill is currently on referral to the Assembly Ways and
Means Committee.
cc: Senator Leonard
County Administrator
.District Attorney
Sheriff-Coroner
Public Defender
County Probation Officer
Health Services Director
Alcohol. Program Administrator
Chair, Alcohol Advisory Board
Les Spahnn, SRJ. Jackson, Barish & Associates