HomeMy WebLinkAboutMINUTES - 03121991 - 1.27 1-027
TO: BOARD OF SUPERVISORS ...sE.` Contra
.�E . ..oma
FROM: Phil Batchelor, County Administrator
-- Costa
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March, 6, 1991 jos
DATE: ra-co N�
LEGISLATION: SB 212 (Alquist)
SUBJECT:
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position in SUPPORT of SB 212 by Senator Alquist, which
would authorize any county, other than the City and County of San
Francisco, to adopt a Resolution to� impose a surcharge of not
more than $25 on' most civil filings, with the proceeds dedicated
to courthouse - construction.
BACKGROUND:
For at least the last two years, Senator Alquist has carried
legislation for Santa Clara County which would impose a surcharge
on specified civil filings to assist in paying for the cost of
new. courthouse construction. The Board of Supervisors has
supported this legislation in 1989 and 1990. In both cases, the
legislation was vetoed by the Governor.
This year,' Senator Alquist has introduced SB 212. As amended on
February 21, 1991, SB 212 would provide for all of the following:
1. A civil filing fee could be imposed by the Board of
Supervisors by the adoption of a Resolution indicating that
the implementation of the section of the code is necessary
in order to establish adequate courtroom ._facilities in the
County..
CONTINUED ON ATTACHMENT!'S YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S,: LQZLt&-
ACTION
OF BOARD ON March 12, 1991 APPROVED AS RECOMMENDED OTHER
'.x
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 MAR 1 1 1991
Please See Page 2. PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY 'DEPUTY
M382 (10/88)
2 . The surcharge would be imposed on the first paper filed by
any party in all civil matters filed in the Superior Court
other than domestic relations cases and appeals from the
small claims court.
3 . The surcharge would also be imposed on the first paper
.filed by any party in all civil matters filed in Municipal.
Court, other than matters which are within the monetary
jurisdiction of the small claims court.
4. The surcharge could not exceed $25.
In view of the Board' s past support for similar legislation and
the fact that the County has a substantial unmet need for
remodeled, increased or replacement courtroom " facilities,
particularly for the Municipal Court, it appears to be
appropriate for the Board of Supervisors to indicate their
support for SB 212.
cc: County Administrator
Superior Court Administrator
Municipal Court Administrator
George Roemer, Director, Justice Systems Programs
DeRoyce Bell, Deputy County Administrator
Les Spahnn, SRJ. Jackson, Barish & Associates (Via CAO)