BILL NUMBER: AB 486	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 10, 2011
	AMENDED IN ASSEMBLY  APRIL 11, 2011

INTRODUCED BY   Assembly Member Hueso

                        FEBRUARY 15, 2011

   An act to add Section 53069.35 to the Government Code, relating to
graffiti abatement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 486, as amended, Hueso. Graffiti tracking system: funding.
   Existing law provides that a city or county may pass an ordinance
to recover city or county funds used to remove graffiti or other
inscribed material from publicly or privately owned real or personal
property within the city or county. Existing law authorizes a city,
county, or city and county  ,  to pass an ordinance
directing the probation officer of the county to recoup its costs
associated with defacement by minors of its property and the property
of others by graffiti or other inscribed material, through juvenile
court proceedings, as provided.
   This bill would require a city or county within the jurisdiction
of the San Diego Association of Governments (SANDAG) to pay 10% of
the amounts collected pursuant to the above provisions to SANDAG for
the purpose of funding a graffiti tracking system to be administered
by SANDAG. The bill would become operative only upon the
establishment and operation of a countywide graffiti tracking system
administered by SANDAG  and would become inoperative upon the
adoption of a resolution by SANDAG discontinuing the operation of the
graffiti tracking system  . 
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the cities and counties within
the jurisdiction of the San Diego Association of Governments.
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 53069.35 is added to the Government Code, to
read:
   53069.35.  (a) As used in this section, "SANDAG" means the San
Diego Association of Governments, as referenced in the San Diego
Regional Transportation Consolidation Act, Chapter 3 (commencing with
Section 132350) of Division 12.7 of the Public Utilities Code.
   (b) Ten percent of any amounts received by a city or county within
the jurisdiction of SANDAG pursuant to an ordinance adopted pursuant
to Section 53069.3 to recover funds used to remove graffiti or other
inscribed material from publicly owned or privately owned real or
personal property within the city or county, and 10 percent of any
amounts received by a city or county within the jurisdiction of
SANDAG pursuant to an ordinance adopted pursuant to Section 742.14 of
the Welfare and Institutions Code to recoup its costs associated
with defacement by minors of its property and the property of others
by graffiti or other inscribed material, shall be paid to SANDAG on
an annual basis.
   (c) Funds paid to SANDAG pursuant to subdivision (b) shall be used
exclusively for the purpose of funding a graffiti tracking system to
be administered by SANDAG.
   (d) This section shall become operative only upon the
establishment and operation of a countywide graffiti tracking system
administered by SANDAG.  Upon the adoption of a resolution by
SANDAG to discontinue the operation of the countywide graffiti
tracking system administered by SANDAG, this section shall cease to
be operative.  
  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district are the result of a program for which
legislative authority was requested by that local agency or school
district, within the meaning of Section 17556 of the Government Code
and Section 6 of Article XIII B of the California Constitution.

   SEC. 3.   SEC. 2.   The Legislature
finds and declares that a special law is necessary and that a general
law cannot be made applicable within the meaning of Section 16 of
Article IV of the California Constitution because this act will serve
as a pilot program for local government in San Diego County and
therefore there is a need to enact this act on a trial basis only
prior to extending the act to other jurisdictions.