Bill Text: CA AB2313 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Metal theft and related recycling crimes.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2014-08-26 - Ordered to inactive file at the request of Senator Anderson. [AB2313 Detail]

Download: California-2013-AB2313-Amended.html

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BILL NUMBER: AB 2313	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 2, 2014
	AMENDED IN SENATE  JUNE 16, 2014
	AMENDED IN SENATE  JUNE 10, 2014
	AMENDED IN ASSEMBLY  APRIL 21, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Members Nestande and Olsen
   (Coauthor: Assembly Member Gray)

                        FEBRUARY 21, 2014

   An act to  amend Sections 12704 and 12709 of the Business and
Professions Code, and to  add and repeal Title 11.8 (commencing
with Section 14190.15) of Part 4 of the Penal Code, relating to metal
theft, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2313, as amended, Nestande. Metal theft and related recycling
crimes.
   Existing law provides that any person who feloniously steals,
takes, or carries away the personal property of another, or who
fraudulently appropriates property that has been entrusted to him or
her, is guilty of theft. Existing law also provides that a person
who, being a dealer in or collector of junk, metals, or secondhand
materials, buys or receives any wire, cable, copper, lead, solder,
mercury, iron, or brass that he or she knows or reasonably should
know is ordinarily used by, or ordinarily belongs to, a railroad or
other transportation, telephone, telegraph, gas, water, or electric
light company or county, city, or city and county without using due
diligence to ascertain that the person selling or delivering the same
has a legal right to do so, is guilty of criminally receiving that
property.
   Existing law establishes the Department of Justice, which is
headed by the Attorney General and tasked with, among other things,
representing California in criminal cases.
   This bill, until December 31, 2020, would require the Department
of Justice to establish a Metal Theft Task Force Program to provide
grants to applicant agencies for the purpose of providing local law
enforcement and district attorneys with the tools necessary to
successfully interdict the commission of metal theft and related
metal recycling  crimes.   and would  
authorize the department to enter into an agreement with any state
agency for the purpose of administering the program.  The bill
would establish the Metal Theft Task Force Fund, to be administered
by the Department of Justice, and would continuously appropriate all
moneys in that fund to the department for the purposes of the
 program. The bill would impose a fee, to be deposited into
the fund, not to exceed 1% of the purchase price for each junk sale,
which involves the sale of scrap metals or alloys, on the seller of
junk for the purpose of regulating that seller, thereby making an
appropriation. The bill would exempt a junk sale or transaction,
which involves the sale of scrap metals or alloys, between junk
dealers and recyclers, as defined, from the above-described fee. The
bill would exempt a junk sale or transaction, which involves the sale
of scrap metals or alloys, by automobile dismantlers, as defined,
from the above-described fee.   program, thereby making
an appropriation. The bill would require a weighmaster who is a junk
dealer or recycler, as defined, to pay an additional license fee, to
be determined by the department and to be deposited into the fund, in
an amount that does not exceed the reasonable costs as  
sociated with regulating the weighmaster. The bill would prohibit the
proceeds of this fee from exceeding an aggregate total of $2,000,000
per year.  
   This bill would exempt from the provisions of the act any junk
sale or transaction, which involves the sale of scrap metals or
alloys, involving a licensed pawnbroker, or a secondhand dealer or
coin dealer doing business under a California secondhand dealer's
license. 
   The bill would require agencies receiving funding from the program
to submit an annual report, as specified, and would  require
  authorize  the Department of Justice to use the
information in those reports to review the program and report to the
Governor and the Legislature. The bill would require the Department
of Justice to submit a comprehensive report to the Legislature, no
later than December 31, 2019, on the status and progress, since the
year 2016, of the program in deterring, investigating, and
prosecuting metal theft and related recycling crimes. The bill would
specify that the program would not be implemented until the
Department of Justice determines that sufficient moneys have been
deposited in the fund to implement the program.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 12704 of the  
Business and Professions Code  , as amended by Section 3 of
Chapter 518 of the Statutes of 2013, is amended to read: 
   12704.  (a) A weighmaster shall pay to the department the
following license fee for each license year as applicable to the
operation:
   (1) Seventy-five dollars ($75) if the weighmaster is operating at
a fixed location.
   (2) Thirty dollars ($30) for each additional fixed location at
which the weighmaster is operating.
   (3) Two hundred dollars ($200) if the weighmaster is operating at
other than a fixed location.
   (4) Twenty dollars ($20) for each deputy weighmaster.
   (b) In addition to the license fees set forth in subdivision (a),
a weighmaster who is a recycler or a junk dealer as defined in
Section 21601 or is performing services on behalf of a recycler or
junk dealer shall also pay to the department the following license
fee for each license year as applicable to the operation:
   (1) Five hundred dollars ($500) if the weighmaster is operating at
a fixed location.
   (2) Five hundred dollars ($500) for each additional fixed location
at which the weighmaster is operating.
   (3) Five hundred dollars ($500) if the weighmaster is operating at
other than a fixed location. 
   (c) In addition to the license fees set forth in subdivisions (a)
and (b), a weighmaster who is a recycler or a junk dealer as defined
in Section 21601, or who is performing services on behalf of a
recycler or junk dealer, shall also pay to the department a license
fee, to be determined by the Department of Justice, in an amount not
to exceed the reasonable costs associated with regulating the
weighmaster. The proceeds of this fee shall not exceed an aggregate
total of two million dollars ($2,000,000) per year.  
   (c) 
    (   d)  "License year" means the period of time
beginning with the first day of the month the weighmaster is
required to be licensed in this state, and ending on the date
designated by the secretary for expiration of the license, or yearly
intervals after the first renewal. 
   (d) 
    (   e)  "Location" means a premise on which
weighing, measuring, or counting devices are used. 
   (e) 
    (   f)  This section shall remain in effect
only until January 1, 2019, and as of that date is repealed, unless a
later enacted statute, that is enacted before January 1, 2019,
deletes or extends that date.
   SEC. 2.    Section 12709 of the   Business
and Professions Code   , as amended by Section 5 of Chapter
518 of the Statutes of 2013, is amended to read: 
   12709.  (a) All license fees collected pursuant to this chapter
shall be deposited in the Department of Food and Agriculture Fund to
be expended by the department for the administration and enforcement
of this chapter, except as provided in  subdivision 
 subdivisions  (b)  and (c)  .
   (b) License fees collected pursuant to subdivision (b) of Section
12704 shall be deposited in a special account in the Department of
Food and Agriculture Fund to be expended by the department for the
administration and enforcement of Section 12703.1. 
   (c) License fees collected pursuant to subdivision (c) of Section
12704 shall be deposited into the Metal Theft Task Force Fund
established pursuant to Section 14190.20 of the Penal Code to be
expended by the Department of Justice for the administration of the
Metal Theft Task Force Program established pursuant to Section
14190.25 of the Penal Code.  
   (c) 
    (   d)  This section shall remain in effect
only until January 1, 2019, and as of that date is repealed, unless a
later enacted statute, that is enacted before January 1, 2019,
deletes or extends that date.
   SECTION 1.   SEC. 3.   Title 11.8
(commencing with Section 14190.15) is added to Part 4 of the Penal
Code, to read:

      TITLE 11.8.  THEFT AND RECYCLING OF METALS


   14190.15.  For the purposes of this title, the following
definitions shall apply:
   (a) "Agency" means a regional task force, a local law enforcement
agency, or a district attorney.
   (b) "Department" means the Department of Justice.
   (c) "Fund" means the Metal Theft Task Force Fund.
   (d) "Junk" has the same meaning as set forth in Section 21600 of
the Business and Professions Code.
   (e) "Junk dealer" has the same meaning as set forth in Section
21601 of the Business and Professions Code.
   (f) "Program" means the Metal Theft Task Force Program.
   (g) "Recycler" has the same meaning as set fourth in Section 21605
of the Business and Professions Code.
   14190.20.  (a) The Metal Theft Task Force Fund is hereby
established within the  Office of the Controller. 
 department.  Notwithstanding Section 13340 of the
Government Code, the fund is hereby continuously appropriated to the
department for the purposes set forth in this title. Transfers to the
Metal Theft Task Force Fund shall be deposited with the 
Controller.   department. 
   (b) The fund shall consist of moneys deposited into it from the
federal government, industry, and private sources, and from fees
collected pursuant to  Section 14190.45.  
subdivision (c) of Section 12704 of the Business and Professions
Code.  General Fund moneys shall not be deposited into the fund
nor used to start up, implement, or support the continuing
administration of the provisions of this title.
   (c) The fund shall be administered by the department.  The
department may enter into agreements with other state agencies to
administer   grants   to applicant agencies from
the fund. 
   (d) Moneys distributed from the fund pursuant to the program
established pursuant to Section 14190.25 are intended to ensure that
 the department and  local law enforcement and district
attorneys are equipped with the necessary personnel and tools to
successfully combat metal theft and related recycling 
crimes,   crimes with a primary focus of shutting down
illegal recycling operations,  which include, but are not
limited to, all of the following offenses: 
   (1) Illegal recycling operations.  
   (1) 
    (  2)  The theft of metals, including, but not
limited to, nonferrous metals. 
   (2) 
    (   3)  The purchase and recycling of stolen
metals, including, but not limited to, recycled metal beverage
containers, by recyclers. 
   (3) 
    (   4)  The transportation of stolen metals
from junk dealers and recyclers in this state to another state.

   (4) 
    (   5)  The transportation of stolen metals
from another state to this state. 
   (5) Illegal recycling operations. 
   14190.25.  (a) The department shall establish the Metal Theft Task
Force Program. Administration of the overall program and the
evaluation and monitoring of all grants made pursuant to this title
shall be performed by the department.  The department may enter
into an agreement with any state agency for the purpose of
administering the program and the evaluation and monitoring of all
grants made pursuant to this title. 
   (b) Moneys appropriated to the department for the program shall be
expended for programs that enhance the capacity of local law
enforcement and prosecutors to deter, investigate, and prosecute 
illegal recycling operations, and  metal theft and related
recycling  crimes.   crimes. The department may
expend funds to serve as the lead law enforcement agency in the
investigation of metal theft crimes. 
   (c) After deduction of the department's actual and necessary
administrative costs, the moneys in the fund shall be expended for
programs to enhance the capacity of local law enforcement and
prosecutors to deter, investigate, and prosecute  illegal
recycling operations, and  metal theft and related recycling
crimes.  The department may expend funds to serve as the lead law
enforcement agency in the investigation of metal theft crimes. 

   (d) Moneys distributed under this program shall be expended for
the exclusive purpose of deterring, investigating, and prosecuting
 illegal recycling operations and  metal theft and related
recycling crimes. Agencies that receive moneys pursuant to the
program may consult with experts from the United States military, the
California Military Department, law enforcement entities, and
various other state and private organizations, including pertinent
trade associations, as necessary to maximize the effectiveness of
this program.
   14190.30.  (a) The department shall develop administrative
procedures for the selection of agencies to receive a grant under
this program, which shall include, at a minimum, the following
requirements:
   (1) That each agency seeking a grant submit a written application
to the department setting forth in detail the proposed use of the
grant funds.
   (2) That, if an applicant agency is a regional task force, the
task force shall be identified by a name that is appropriate to the
area that it serves and, in order to qualify for a grant, shall be
comprised of local law enforcement and prosecutors from at least two
counties.
   (3) That priority be given to applicant agencies in areas with
high rates of reported metal thefts.
   (b) The department shall develop specific guidelines for the
selection of agencies to receive a grant under this program. The
guidelines shall include, at a minimum, all of the following
selection criteria, which shall be considered by the department in
awarding grants:
   (1) The number of metal theft or related recycling crime cases
filed in the immediately preceding year.
   (2) The number of metal theft or related recycling crime cases
investigated in the immediately preceding year.
   (3) The number of victims involved in the cases filed.
   (4) The total aggregate monetary loss suffered by the victims,
including damage caused by the theft.
   (5) Local moneys available to assist the agencies.
   (6) The number of licensed recycling facilities in the area.
   (7) The estimated number of illegal recycling operations in the
area. 
   (c) The department may enter into an agreement with any state
agency for the purpose of developing administrative procedures and
specific guidelines for the selection of agencies to receive a grant
under this program. 
   14190.35.  (a) Each agency awarded a grant under the program
during the previous funding cycle shall, upon reapplication for funds
to the department in each successive year and in addition to any
other information required by this title, submit a detailed
accounting of moneys received and expended in the immediately
preceding year.
   (b) The accounting shall include all of the following information:

   (1) The amount of moneys received and expended.
   (2) The use to which those moneys were put, including payment of
salaries and expenses, purchase of equipment and supplies, and other
expenditures by type.
   (3) The number of filed crime reports, investigations, arrests,
and convictions for metal theft and related recycling crimes that
resulted from expenditure of the funds.
   14190.40.  (a) The department  shall   may
 regularly review the effectiveness of the program in deterring,
investigating, and prosecuting metal theft and related recycling
crimes and shall, notwithstanding Section 10231.5 of the Government
Code, submit a report to the Legislature and Governor that is based
on reports submitted to the department pursuant to subdivision (b).
   (b) Agencies receiving funding from the program shall submit an
annual report to the department that details all of the following:
   (1) The number of metal theft and recycling crime cases filed in
the immediately preceding year.
   (2) The number of metal theft and recycling crime cases
investigated in the immediately preceding year.
   (3) The number of victims involved in the cases reported.
   (4) The number of convictions obtained in the immediately
preceding year.
   (5) The total aggregate monetary loss suffered by the victims,
including damage caused by the theft.
   (6) The number of illegal recycling operations or illegal junk
dealers, or both, shut down.
   (7) An accounting of moneys received and expended in the
immediately preceding year, which shall include all of the following:

   (A) The amount of moneys received and expended.
   (B) The uses to which those moneys were put, including payment of
salaries and benefits, operating expenses, equipment purchases, and
allowable expenditures.
   (C) Any other relevant information requested.
   (c) By no later than December 31, 2019, the department shall,
notwithstanding Section 10231.5 of the Government Code, submit a
comprehensive report to the Legislature on the status and progress,
since the year 2016, of the program in deterring, investigating, and
prosecuting metal theft and related recycling crimes. The report
shall be based on each annual report submitted to the department
pursuant to subdivision (b). 
   14190.45.  (a) Except as provided in subdivisions (b) and (c) of
this section, and Section 14190.50, a fee, determined by the
department, not to exceed 1 percent of the purchase price for each
junk sale, which involves the sale of any scrap metals or alloys,
shall be assessed on the seller of junk for the purpose of regulating
that seller. The fee assessed pursuant to this section shall be
collected by junk dealers and recyclers at the time each sale is
conducted, and shall be submitted to the Controller for deposit into
the fund.
   (b) Each junk sale or transaction, which involves the sale of any
scrap metals or alloys, between junk dealers and recyclers shall not
be subject to the fee described in subdivision (a).
   (c) Each junk sale or transaction, which involves the sale of any
scrap metals or alloys, by an automobile dismantler, as defined in
Section 220 of the Vehicle Code, shall not be subject to the fee
described in subdivision (a).  
   14190.50.  This title shall not apply to any of the following:
   (a) A junk sale or transaction, which involves the sale of any
scrap metal or alloys, reported by a secondhand dealer or coin dealer
pursuant to Section 21628 of the Business and Professions Code.
   (b) A junk sale or transaction, which involves the sale of any
scrap metal or alloys, involving either:
   (1) A pawnbroker licensed pursuant to Chapter 3 (commencing with
Section 21300) of Division 8 of the Financial Code.
   (2) A secondhand dealer or coin dealer doing business under a
secondhand dealer's license issued pursuant to Section 21641 of the
Business and Professions Code. 
    14190.55.   14190.45.   (a) The program
established pursuant to this title shall not be implemented until
the department determines that sufficient moneys have been deposited
in the Metal Theft Task Force Fund to implement the provisions of
this title.
   (b) The department shall only be required to implement the
provisions of this title upon the availability of moneys in the fund
in an amount sufficient to cover all costs relating to the startup,
implementation, and continuing administration of the provisions of
this title.
    14190.60.   14190.50.   The department
may adopt regulations as needed to administer this title.
    14190.65.   14190.55.   This title
shall remain in effect only until December 31, 2020, and as of that
date is repealed, unless a later enacted statute, that is enacted
before December 31, 2020, deletes or extends that date.