BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 486
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          Date of Hearing:   April 13, 2011

                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
                                Cameron Smyth, Chair
                     AB 486 (Hueso) - As Amended:  April 11, 2011
           
          SUBJECT  :   Graffiti tracking system: funding.

           SUMMARY  :   Requires 10% of any amounts received by a city or 
          county with the jurisdiction of the San Diego Association of 
          Governments (SANDAG) as part of 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 to 
          be paid to SANDAG annually for the purpose of funding a graffiti 
          tracking system to be administered by SANDAG.  Specifically, 
           this bill  :  

          1)Requires 10% of any amounts received by a city or county with 
            the jurisdiction of the San Diego Association of Governments 
            (SANDAG) as part of 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 to be paid to SANDAG annually for the purpose of 
            funding a graffiti tracking system to be administered by 
            SANDAG.  

          2)Requires these provisions to become operative only upon the 
            establishment and operation 
          of a countywide graffiti tracking system administered by SANDAG.

          3)Provides no reimbursement is required by this act 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.

          4)Declares a special law is necessary because this act will 
            serve as a pilot program for local governments in San Diego 
            County and, therefore, there is a need to enact this act on a 








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            trial basis only prior to extending this act to other 
            jurisdictions.

           EXISTING LAW  :

          1)Allows a city, county, or city and county to enact an 
            ordinance to provide for the use of city or county funds to 
            remove graffiti or other inscribed material from publicly or 
            privately owned real or personal property located within the 
            city, county, or city and county and to replace or repair 
            public or privately owned property within that city, county, 
            or city and county that has been defaced with graffiti or 
            other inscribed material that cannot be removed cost 
            effectively and to establish a procedure to recover city or 
            county funds used for the removal of the graffiti or other 
            inscribed material.  

          2)Authorizes a city, county, or city and county to provide for 
            the summary abatement of any nuisance resulting from the 
            defacement of the property of another by graffiti or any other 
            inscribed material at the expense of the minor or other person 
            creating, causing, or 

          committing the nuisance and by ordinance to make the expense of 
            abatement of the nuisance a lien against property of the minor 
            or other person and a personal obligation against the minor or 
            other person.

          3)Authorizes a city, county, or city and county to establish, by 
            ordinance, a procedure to collect abatement and related 
            administrative costs incurred in the summary abatement of any 
            nuisance resulting from the defacement by a minor or other 
            person of the property of another by graffiti or any other 
            inscribed material, and to record a graffiti nuisance 
            abatement lien.

          4)Allows a city, county, or city and county to establish, by 
            ordinance, a procedure for the abatement of any nuisance 
            resulting from the defacement by a minor or other person of 
            property of another by graffiti or other inscribed material 
            and to make the abatement and related administrative costs a 
            special assessment against a parcel of land owned by the minor 
            or other person or by the parent or guardian having custody 
            and control of the minor.









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          5)Provides that every person who maliciously defaces real or 
            personal property with graffiti or other inscribed material is 
            guilty of vandalism.

          6)Authorizes a city, county, or city and county to elect, by 
            ordinance, to have the probation officer of the county recoup 
            for it, through juvenile court proceedings its costs 
            associated with defacement by minors of its property and the 
            property of others by graffiti or other inscribed material.

           FISCAL EFFECT  :  Unknown

           COMMENTS  :   

          1)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. 


          The County of San Diego and some cities in the region already 
            have used the services of Graffiti Tracker, a company that 
            uses a global positioning system-enabled camera to take photos 
            of graffiti and record the time, date, and location.  The 
            company then creates a database of the photos for law 
            enforcement.  Graffiti Tracker was first used in the City of 
            Escondido and was expanded to the City of Oceanside and areas 
            patrolled by the County of San Diego.

          2)According to the author, graffiti is a real threat to public 
            safety and affects our local economy by scaring away 
            businesses and lowering property values.  The author says 
            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.









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          3)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, 2011.  The Committee may wish 
            to consider whether AB 486 is ahead of its time and should be 
            tabled until after SANDAG's evaluation of the 
            graffiti-tracking pilot program.

          AB 486 also only requires cities in the San Diego region and the 
            County of San Diego to pay for a graffiti-tracking program 
            that is established and administered by SANDAG.  The other 
            local agencies in the region - such as the Metropolitan 
            Transit System, North County Transit District, and the San 
            Diego Unified Port District - are not required under AB 486 to 
            dedicate any funds even though they would benefit from the 
            program as well.  The Committee may wish to consider whether 
            this is a fair and equitable way to fund a local program that 
            encompasses many different local agencies. 

          Furthermore, AB 486 binds the hands of future city councils in 
            the San Diego region and boards of supervisors for the County 
            of San Diego.  While at this time, these municipalities 
            support handing over 10% of their restitution money from 
            graffiti crimes, future governments might not be so keen on 
            the proposition.  To reverse this mandate, future legislation 
            would be required.  The Committee may wish to consider whether 
            it is prudent to enact legislation to provide a permanent and 
            dedicated funding stream to a local program.

          4)AB 528 (Aghazarian, 2007), which sought to establish the "Tag, 
            You're It" Graffiti Vandalism Prevention and Prosecution pilot 
            program through the Office of Emergency Services, Division of 
            Law Enforcement and Victims Services, and to appropriate $5 
            million from the General Fund, was held in Assembly 
            Appropriations Committee.

          5)Support arguments: Supporters, County of San Diego, say 
            permanent funding will enable law enforcement to solve 
            graffiti crimes more efficiently and prosecute and seek 
            restitution from graffiti vandals.

          Opposition arguments: Opposition might argue AB 486 is premature 








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            because the graffiti-tracking pilot program started at the 
            beginning of 2011 and will not be completed until June 2012.

           












          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          County of San Diego �SPONSOR]
          Honorable Steve Castaneda, Councilmember, City of Chula Vista
          City of Chula Vista, National City
          Honorable Louis Scanlon, Chief of Police, City of Coronado
          San Diego Association of Governments (in concept)

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Jennifer Klein Baldwin / L. GOV. / 
          (916) 319-3958