BILL NUMBER: AB 2312	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Nestande and Olsen
   (Coauthors: Assembly Members Gray and Linder)

                        FEBRUARY 21, 2014

   An act to add Section 21609 to the Business and Professions Code,
and to add Article 6 (commencing with Section 11199.5) to Chapter 2
of Title 1 of Part 4 of the Penal Code, relating to metal theft.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2312, as introduced, Nestande. Metal theft.
   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 requires junk
dealers and recyclers to keep 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, and
to preserve the written record for at least 2 years after making the
final entry of any purchase or sale of junk.
   Existing law provides that it is a crime for a dealer in or
collector of junk, metals, or secondhand materials, or the agent,
employee, or representative of that dealer or collector, who buys or
receives any wire, cable, copper, lead, solder, mercury, iron, or
brass which 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, city and county, or other political subdivision of this
state engaged in furnishing public utility service without using due
diligence to ascertain that the person selling or delivering the
same has a legal right to do so.
   This bill would require a junk dealer or recycler to request to
receive theft alert notifications regarding the theft of commodity
metals in the junk dealer's or recycler's geographic region from the
theft alert system maintained by the Institute of Scrap Recycling
Industries, Inc. The bill would also encourage local law enforcement
agencies to report thefts of commodity metals that have occurred
within their jurisdiction to that theft alert system, in order to
ensure that persons using the system receive timely and thorough
information regarding metal thefts.
   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.  Section 21609 is added to the Business and Professions
Code, to read:
   21609.  A junk dealer or recycler shall request to receive theft
alert notifications regarding the theft of commodity metals,
including, but not limited to, ferrous metal, copper, brass,
aluminum, nickel, stainless steel, and alloys, in the junk dealer's
or recycler's geographic region from the theft alert system
maintained by the Institute of Scrap Recycling Industries, Inc., or
its successor.
  SEC. 2.  Article 6 (commencing with Section 11199.5) is added to
Chapter 2 of Title 1 of Part 4 of the Penal Code, to read:

      Article 6.  Reports of Metal Theft


   11199.5.  Local law enforcement agencies are encouraged to report
thefts of commodity metals, including, but not limited to, ferrous
metal, copper, brass, aluminum, nickel, stainless steel, and alloys,
that have occurred within their jurisdiction to the theft alert
system maintained by the Institute of Scrap Recycling Industries,
Inc., or its successor, in order to ensure that persons using that
system receive timely and thorough information regarding metal
thefts.