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HomeMy WebLinkAboutMINUTES - 03121991 - 1.34 r,y 1,034 TO: BOARD OF SUPERVISORS Contra FROM: Costa County Phil Batchelor, County Administrator s County DATE: March 6, 1991 AMENDMENT TO 1991 LEGISLATIVE PROGRAM TO ELIMINATE FURTHER SUBJECT: CONSIDERATION OF LEGISLATION TO PERMIT THE USE OF ASSET FORFEITURE FUNDS TO REIMBURSE HEALTH SERVICES' FOR THE COST OF ILLEGAL DRUG LABORATORY CLEAN-UP SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION Amend the Board' s 1991 Legislative Program in order to eliminate further consideration of legislation which would permit law enforcement agencies to use a portion of their asset forfeiture funds to reimburse the Health Services Department for the costs they incur in transporting, storing and disposing of the hazardous wastes which, are left over from the seizure of illegal drug laboratories. BACKGROUND: Under current law, law enforcement agencies are prohibited from using any of their asset forfeiture funds which they receive from the seizure of assets during the investigation of illegal activity, such as illegal drug laboratories, to pay for the costs of cleaning up, transporting, storing and disposing of the hazardous wastes which result from the seizure of the chemicals which have been used in the process and/or illegal drugs which have been manufactured. To date, the Health Services Department has performed this clean up, transportation, storage ,and disposal at their own expense. From a survey of other counties, it appears that Contra Costa County may be the only County in the State where the Health Services Department is performing these functions and doing so at no charge. to the law enforcement agencies.. The law enforcement agencies are ultimately responsible for paying for these costs. VVQQ ' CONTINUED ON ATTACHME�`-�S YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON March 12, 1991 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,SHHOWN. CC: County Administrator ATTESTED.'.' TTESTED MAR, a_ 2 1991g. Sheriff-Coroner PHIL BATCHELOR,CLERK OF THE BOARD OF Health Services Director SUPERVISORS AND COUNTY ADMINISTRATOR Les Spahnn SRJ. Jackson, Barish & Associates (Via CPD BY OR DEPUTY M382 (10/88) NUJ The Health Services Department has indicated that in the near future they will no longer be able to provide these services to law enforcement agencies at no cost. Recent disposal costs alone have run in the neighborhood of $30,000. In an effort to assist law enforcement agencies in the County to f ind a source of funds which, at their option, could be used to reimburse the Health Services Department for these costs, we recommended to the Board of Supervisors that they sponsor legislation which would authorize - but not require law enforcement agencies to use a portion of their asset forfeiture funds to pay for the costs incurred by the Health Services Department. We have been advised .that these efforts are contrary to the wishes of the law enforcement community. The California State Sheriff ' s Association has taken an "oppose" position in regard to our proposed legislation and we , have been .advised that other law enforcement organizations representing city police departments may well take similar positions. In view of this opposition and the fact that we thought we were being helpful to the law enforcement community, we have no choice but to recommend that the Board of Supervisors drop further consideration of this proposed legislation. The Board has already asked that this Office identify as many pieces of legislation as possible which the Board could eliminate or reassign to a lower priority in its 1991 Legislative Program. due to the passage of Proposition 140 and the reduced legislative staff which is. available to assist in the passage of legislation. This legislation appears tobe a prime candidate since it would require an inordinate .effort on the part of the County' s lobbyist to achieve passage of this legislation over the opposition of- the law enforcement community, if, . in fact,' passage wwere even possible. At such time as the Health Services Director determines that`,he is no longer able- to provide the services which are currently being provided free of charge, it will become the responsibility of each law enforcement agency in the County to either find the resources with which to reimburse the Health Services Department for their costs or provide some other method of accomplishing the transportation, storage and disposal consistent with the , requirements of State law.