BILL ANALYSIS �
AB 486
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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
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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
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Analysis Prepared by : Roger Dunstan / APPR. / (916) 319-2081