HomeMy WebLinkAbout6758 - Senate Bill 425 - Preemptiona
THS:mec
4/18/68
RESOLUTION NO. 6758
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH EXPRESSING ITS SUPPORT FOR SENATE
BILL 425 CONCERNING PREEMPTION
which followed it, has severely handicapped cities and counties in
their efforts to hold down the rising crime rate by invalidating
local criminal laws; and
WHEREAS, there is a lack of clear guide lines in the court
decisions involving preemption which makes it impossible to deter-
mine whether a given area of the law has been preempted by the
State to the exclusion of local regulation; and
WHEREAS, Senate Bill 425 which has been introduced in the
State Legislature would, if approved, enable cities and counties to
enact local,supplementary legislation on matters over which the
State has not asserted full jurisdiction; and
WHEREAS, this legislation has been carefully drafted by
legal experts in the field of public law and has the support of
the District Attorneys Association and the California Peace. Offi-
cers Association;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach:
1. The City Council strongly supports Senate Bill 425
and requests that it be enacted into law by the State Legislature.
2. The City Clerk is directed to send copies of this
resolution to the State legislators from Orange County, the
chairmen and members of the State Legislative Committees which
are concerned with this legislation, the Governor, the Board of
WHEREAS,
the legal doctrine of preemption by
implication,
10
as developed in the
Carol Lane Case and other judicial
decisions
which followed it, has severely handicapped cities and counties in
their efforts to hold down the rising crime rate by invalidating
local criminal laws; and
WHEREAS, there is a lack of clear guide lines in the court
decisions involving preemption which makes it impossible to deter-
mine whether a given area of the law has been preempted by the
State to the exclusion of local regulation; and
WHEREAS, Senate Bill 425 which has been introduced in the
State Legislature would, if approved, enable cities and counties to
enact local,supplementary legislation on matters over which the
State has not asserted full jurisdiction; and
WHEREAS, this legislation has been carefully drafted by
legal experts in the field of public law and has the support of
the District Attorneys Association and the California Peace. Offi-
cers Association;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach:
1. The City Council strongly supports Senate Bill 425
and requests that it be enacted into law by the State Legislature.
2. The City Clerk is directed to send copies of this
resolution to the State legislators from Orange County, the
chairmen and members of the State Legislative Committees which
are concerned with this legislation, the Governor, the Board of
ADOPTED this 22nd day of April , 1968.
ATTEST:
Mayor
t
Supervisors of
Orange County,
the City Councils of all cities in
10
Orange County,
and the League
of California Cities.
ADOPTED this 22nd day of April , 1968.
ATTEST:
Mayor
t
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
• CITY OF NEWPORT BEACH )
I, LAURA LAGIOS, City Clerk of the City of Newport Beach, California,
do hereby certify that according to the records of the City of Newport Beach
filed and maintained in my office, the foregoing Resolution No. 6758 was
duly and regularly adopted, passed, and approved by the City Council of the
City of Newport Beach, California, at a regular meeting of said City Council
held at the regular meeting place thereof, on the 22nd day of April 1968,
by the following vote, to wit:
AYES, COUNCILMEN: McInnis, Shelton, Marshall, Rogers, Hirth, Gruber
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: Palsons
Dated this 23rd day of April , 1968,
City Merk and Ex -O icioP Perk of the
City Council, City of Newport Beach,
State of California