BILL NUMBER: AB 486	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 22, 2011
	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.   An act to add Section
11375.5 to the Health and Safety Code, relating to controlled
substances. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 486, as amended, Hueso.  Graffiti tracking system:
funding.   Controlled substances.  
   Existing law classifies controlled substances into 5 schedules and
places the greatest restrictions and penalties on the use of those
substances placed in Schedule I. Existing law also prohibits the sale
or possession for sale of various controlled substances, including
opiates, as well as their isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers, whenever the existence of those
isomers, esters, ethers, and salts fall within a specific chemical
designation.  
   This bill would make it a crime, punishable by imprisonment in a
county jail not exceeding 6 months, or by a fine not exceeding
$1,000, or by both that fine and imprisonment, to sell, dispense,
distribute, furnish, administer, or give, to offer to sell, dispense,
distribute, furnish, administer, or give, or to possess for sale,
any synthetic stimulant compound or any specified synthetic stimulant
derivative, including naphthylpyrovalerone and
2-amino-l-phenyl-l-propanone. By creating new crimes, this bill would
impose a state-mandated local program upon local governments. 

   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.  
   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.  
   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:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 11375.5 is added to the 
 Health and Safety Code   , to read:  
   11375.5.  (a) Every person who sells, dispenses, distributes,
furnishes, administers, or gives, or offers to sell, dispense,
distribute, furnish, administer, or give, or possesses for sale any
synthetic stimulant compound specified in subdivision (b), or any
synthetic stimulant derivative, to any person, is guilty of a
misdemeanor punishable by imprisonment in a county jail not exceeding
six months, or by a fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.
   (b) Unless specifically excepted, or contained within a
pharmaceutical product approved by the United States Food and Drug
Administration, or unless listed in another schedule, subdivision (a)
applies to any material, compound, mixture, or preparation which
contains any quantity of the following substances having a stimulant
effect on the central nervous system, including its salts, isomers,
esters, or ethers, and salts of isomers, esters, or ethers whenever
the existence of such salts, isomers, esters, or ethers, and salts of
isomers, esters, or ethers is possible within any of the following
specific chemical designations:
   (1) Naphthylpyrovalerone whether or not further substituted in the
naphthyl ring to any extent with alkyl, alkoxy, alkylenedioxy,
haloalkyl, or halide substituents, whether or not further substituted
in the naphthyl ring by one or more other univalent substituents, or
whether or not further substituted in the carbon chain at the 3-,
4-, or 5-position with an alkyl substituent.
   (2) 2-amino-1-phenyl-1-propanone (cathinone) or variation in any
of the following ways:
   (A) By substitution in the phenyl ring to any extent with alkyl,
alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or
not further substituted in the phenyl ring by one or more other
univalent substituents.
   (B) By substitution at the 3-position with an alkyl substituent.
   (C) By substitution at the nitrogen atom with alkyl, dialkyl, or
benzyl groups, or by inclusion of the nitrogen atom in a cyclic
structure. 
   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 will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  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.    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.