SENATE BILL REPORT

SB 5267

BYSenators Talmadge, McCaslin and Moore

Making graffiti illegal.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 1, 1989; February 13, 1989

Majority Report:  That Substitute Senate Bill No. 5267 be substituted therefor, and the substitute bill do pass.

      Signed by Senators McCaslin, Vice Chairman; Madsen, Nelson, Rasmussen, Talmadge, Thorsness.

Senate Staff:Joyce Ansley (786-7418)

                  February 21, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 13, 1989

BACKGROUND:

Concern exists that graffiti damages and defaces public and private property.

SUMMARY:

No person may write, paint, or draw on any public or private structure or property unless express permission is given by the owner or operator.  No person may possess spray paint in, on, or around any public structure with the intent to violate the act.  A person who violates the act loses all rights to possession of spray paint seized by law enforcement officers.

A minor may not buy, possess, receive or transfer spray paint in a public place unless he or she is accompanied by, under the direct supervision of, and under the control of a parent or legal guardian.  Parents are liable for up to $3000 damage if their minor child who lives with them wilfully or maliciously defaces the property of another. 

EFFECT OF PROPOSED SUBSTITUTE:

The provision which would prohibit a minor from buying, possessing, receiving or transferring spray paint in public places unless he or she is under the control and supervision of a parent or legal guardian is deleted.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: No one