BILL ANALYSIS Ó AB 486 Page 1 Date of Hearing: May 4, 2011 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair AB 486 (Hueso) - As Amended: April 11, 2011 Policy Committee: Local GovernmentVote:8-0 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill requires a city or county within the jurisdiction of the San Diego Association of Governments (SANDAG), to pay a portion of funds recovered from specified graffiti violations to SANDAG annually for the purpose of funding a graffiti tracking system to be administered by SANDAG. Specifically, this bill: 1)Requires a city or county within SANDAG jurisdiction to pay SANDAG 10% of any amounts they receive from the recovery of funds used to remove graffiti or other inscribed material from publicly owned or privately owned real or personal property, and 10% of any amounts received by a city or county as part of recouping costs associated with defacement by minors of its property and the property of others by graffiti or other inscribed materials. 2)Requires these provisions to become operative only upon the establishment and operation of a countywide graffiti tracking system administered by SANDAG. 3)Provides that the bill shall become operative only upon SANDAG establishing and operating a countywide graffiti tracking system. FISCAL EFFECT 1)Local shift of penalty revenue from the County of San Diego and incorporated cities within the county to SANDAG for the countywide graffiti tracking system. 2)No reimbursement is required by this act because local AB 486 Page 2 agencies have requested legislative authority for the program. COMMENTS 1)Purpose . According to the author, graffiti is a real threat to public safety and affects the local economy by scaring away businesses and lowering property values. The author contends prosecutors can seek a larger restitution amount if they can show more incidents involving the individual tagger. The author says cities and agencies within the San Diego region are finding it difficult to continue funding a graffiti-tracking program, and AB 486 would provide a permanent funding stream. 2)Background . A countywide graffiti-tracking pilot program commenced in the San Diego region in January 2011, with the goal of linking vandalized property to individual taggers. The County of San Diego, 18 cities in the region, Metropolitan Transit System, North County Transit District, and San Diego Unified Port District are working together to test the 18-month pilot project. The tracking system analyzes the symbols vandals leave behind to determine a tagger's patterns or geographic areas countywide. The intent is to coordinate law enforcement throughout the San Diego region to aid in prosecuting vandals. 3)Pilot project . The current and ongoing graffiti-tracking pilot program is not scheduled to end until June 2012. At the end of that period, SANDAG will do an evaluation based on a number of factors, including whether restitution money from graffiti crimes is an appropriate way to fund a full-scale program and whether restitution money is a sustainable source of revenue. AB 486 would become law on January 1, 2012. 4)Suggested amendment . AB 486 establishes a funding mechanism for the graffiti tracking program. There is no sunset or other conditions that repeal the transfer. If the program is ultimately unsuccessful or is disbanded, the funding mechanism continues until and unless a future legislature repeals the provisions. The Committee may wish to consider a five-year sunset for the program. AB 486 Page 3 Analysis Prepared by : Roger Dunstan / APPR. / (916) 319-2081