BILL NUMBER: SB 1045	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 26, 2012

INTRODUCED BY   Senator Emmerson

                        FEBRUARY 6, 2012

    An act to amend Section 921 of the Business and
Professions Code, relating to healing arts.   An act to
add Section 3336.5 to the Civil Code, relating to metal theft. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1045, as amended, Emmerson.  Healing arts: disaster
response.   Metal theft: damages.  
   Existing law governs the business of buying, selling, and dealing
in secondhand and used machinery and all ferrous and nonferrous scrap
metals and alloys, also known as "junk." Existing law further
requires junk dealers and recyclers to keep and maintain a written
record of all sales and purchases made in the course of their
business, including the name and address of each person to whom junk
is sold or disposed of.  
   This bill would prohibit any junk dealer or recycler from
possessing a public fire hydrant, fire department connection, as
defined, public manhole cover or lid or any part of that cover or
lid, or public backflow device or connection to that device without a
written certification on the letterhead of the public agency or
utility that owns or previously owned the material certifying that
the entity has sold or is offering the material for sale and that the
person possessing and identified in the certificate is authorized to
negotiate the sale of the material. The bill would make junk dealers
and recyclers civilly liable for damages of 3 times the agency's or
utility's actual damages, including the value of the material, repair
and replacement costs, and labor costs. Under the bill, the agency
or utility could also recover court costs and attorney's fees. 

   Existing law, the Health Care Professional Disaster Response Act,
makes certain findings with respect to the shortage of health care
practitioners in the event of a disaster and the potential use of
practitioners with lapsed or inactive licenses.  
   This bill would make technical, nonsubstantive changes to those
findings. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    The Legislature hereby finds and
declares all of the following:  
   (a) Theft of fire hydrants, manhole covers, and backflow devices
has significantly increased in recent years and represents very
substantial, and growing, health and safety issues.  
   (b) Local utilities, public agencies, and private entities have
gone to great lengths to protect their customers, residents, and
properties from the damage that can result from that theft. 

   (c) The Legislature believes that any junk dealer or recycler who
is willing to obtain this material from a person who does not have a
written certification letter should, in the event that this act is
adopted, be liable to the owner of the material for three times the
actual damages, including the cost of replacement, labor costs, and
repair costs of any damage that occurs during the theft, plus court
costs and reasonable attorney's fees. 
   SEC. 2.    Section 3336.5 is added to the  
Civil Code   , to read:  
   3336.5.  (a) (1) Any junk dealer or recycler who possesses a
public fire hydrant, fire department connection, including, but not
limited to, brass fittings and parts, public manhole cover or lid or
part of that cover or lid, or public backflow device or connection to
that device or part of that device without a written certification
from the public agency or utility owning or previously owning the
material shall be liable to the agency or utility for the wrongful
possession of that material.
   (2) A written certification under this subdivision shall be on the
agency or utility's letterhead and shall certify both that the
agency or utility has sold the material described or is offering the
material for sale, salvage, or recycling, and that the person
possessing the certification or identified in the certification is
authorized to negotiate the sale of that material.
   (b) The measure of damages for wrongful possession as described in
subdivision (a) shall be three times the agency's or utility's
actual damages, including the value of the material wrongfully
possessed, the cost of replacing the material, labor costs, and the
cost of repairing any damage caused by the removal of the material.
The agency or utility shall also be entitled to recover court costs
and reasonable attorney's fees.  
  SECTION 1.    Section 921 of the Business and
Professions Code is amended to read:
   921.  (a) The Legislature finds and declares the following:
   (1) In times of national or state disasters, a shortage of
qualified health care practitioners may exist in areas throughout the
state where they are desperately required to respond to public
health emergencies.
   (2) Health care practitioners with lapsed or inactive licenses
could potentially serve in those areas where a shortage of qualified
health care practitioners exists if licensing requirements were
streamlined and fees curtailed.
   (b) Therefore, it is the intent of the Legislature to address
these matters through the provisions of the Health Care Professional
Disaster Response Act.