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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