HomeMy WebLinkAbout67-46 - AB877 - Supporting State Clarification of State PreemptionM
RESOLUTION N0. 67-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
EXPRESSING ITS SUPPORT FOR ASSEMBLY BILL 8(7 CONCERNING
PREEMPTION.
WHEREAS, the legal doctrine of preemption by implication, as developed
in the Carol Lane Case and other judicial decisions which followed, has severely
handicapped cities in their efforts to hold down the increasing 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 determine whether a given
area of the law has been preempted by the State to the exclusion of local
regulation; and
WHEREAS, Assembly Bill 877, 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 League of California Cities
and the State Bar of California;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Costa
Mesa, that this Council strongly supports Assembly Bill 877 and requests that
it be enacted into law by the State Legislature; and
BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to send
copies of this Resolution to the City's representatives in the State Legislature
and the League of California Cities.
PASSED AND ADOPTED this 1st day of May, 196 7.
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Mayor of the Ci Co7
Costa Mesa
ATTEST:
City Clerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
I, C. K. PRIEST, City Clerk of the City of Costa Mesa, hereby certify
that the above and foregoing Resolution No. 67-46 was duly and regularly passed
and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on May 1, 1967.
DATED: this 2nd day of May, 196677.`e'
City and Clerk of the
City Council of the City of Costa Mesa