BILL NUMBER: AB 486	INTRODUCED
	BILL TEXT


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 introduced, 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 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.
State-mandated local program: yes.


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.
  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.  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.