SENATE BILL REPORT

SB 5145

BYSenators Talmadge, Moore and Garrett

Authorizing local governments to impose a special sales and use tax for graffiti removal.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 19, 1987; March 5, 1987

Majority Report:  That Substitute Senate Bill No. 5145 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Halsan, Chairman; DeJarnatt, McCaslin, Talmadge.

Senate Staff:Eugene Green (786-7405); Sam Thompson (786-7754)

                  March 6, 1987

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, MARCH 5, 1987

BACKGROUND:

The removal of graffiti has become a costly and time-consuming responsibility of cities, towns, and counties.  Businesses have also been plagued by graffiti-related vandalism.

SUMMARY:

The governing body of a city, town, or county may, by resolution or ordinance for the sole purpose of providing funds for graffiti removal, impose a sales and use tax on the retail sale of each can of spray paint.  The rate of the tax shall not exceed four percent of the selling price and shall be in addition to other authorized retail sale and use taxes.  Any county imposing this tax must allow for a credit for the full amount imposed by a city or town upon the same taxable event.  The tax cannot be imposed without submitting a proposition to the voters.

"Removing graffiti in the area" is an authorized activity by businesses within parking and business improvement areas.

Every person who sells or gives spray paint to any person under the age of 18 shall be guilty of a gross misdemeanor.

EFFECT OF PROPOSED SUBSTITUTE:

No person may write, paint or draw any mark of any type on any structure or any real or personal property owned by another person unless the express permission of the owner or operator of the property has been obtained.  Persons may not possess spray paint around any public place with the intent to violate this provision.

Persons under the age of 18 are prohibited from publicly purchasing, possessing, transferring or receiving spray paint unless they are accompanied by and under the direct supervision and control of a parent or legal guardian.

Persons who violate these provisions and whose spray paint is seized by a law enforcement agency shall lose all right to possession of the spray paint.

The statute recognizing civil liability of parents of minors for property destruction or personal injuries committed by minors, and limiting liability to $3,000, is revised to include liability for the defacement of property.

Fiscal Note:      available

Senate Committee - Testified: Robert Foreman and Robert Hills, National Paint and Coatings Association; Alan Park, Jr., Rudd Company, Inc.; Jan Wiley-Gee, Washington Retail Council