Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2312


Introduced by Assembly Members Nestande and Olsen

(Coauthors: Assembly Membersbegin delete Gray and Linderend deletebegin insert Gray, Linder, and Pattersonend insert)

February 21, 2014


An act tobegin insert amend Section 12703.1 of, and toend insert add Sectionbegin delete 21609 toend deletebegin insert 21608.7 to,end insert 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 amended, 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.

begin insert

Existing law, until January 1, 2019, requires the Department of Food and Agriculture to require a recycler or junk dealer who is an applicant for a new weighmaster license or a renewal of a weighmaster license to furnish specified additional information on the application.

end insert

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.begin insert The bill would require the Department of Food and Agriculture, until January 1, 2019, to require a junk dealer or recycler who is an applicant for a new weighmaster license or a renewal of a weighmaster license to also include a statement on the application indicating that the applicant has requested to receive the theft alert notifications.end insert 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: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertThe Legislature finds and declares all of the
2following:end insert

begin insert

3(a) The Institute of Scrap Recycling Industries, Inc. (ISRI)
4developed ScrapTheftAlert.com which is a web-based theft alert
5system that allows law enforcement to alert recyclers of reported
6stolen material and allows recyclers to alert area law enforcement
7when they have received materials they believe might have been
8stolen.

end insert
begin insert

9(b) This alert system broadcasts theft alerts to every registered
10user within a 100-mile radius of where the theft occurred and can
11expand depending on the circumstances.

end insert
begin insert

12(c) ISRI has worked closely with law enforcement and has
13integrated their suggestions into the system’s latest update to make
14its use more user-friendly for law enforcement.

end insert
begin insert

P3    1(d) There is no cost to law enforcement or non-ISRI members
2to use the system.

end insert
begin insert

3(e) Members of ISRI pay for the entire database through their
4membership dues.

end insert
5begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 12703.1 of the end insertbegin insertBusiness and Professions Codeend insert
6begin insert is amended to read:end insert

7

12703.1.  

(a) In addition to any other requirements for issuance
8of a license pursuant to this chapter, if the applicant is a recycler
9or junk dealer as defined in Section 21601, the department shall
10require the applicant to furnish all of the following information
11accurately on any application for a new license or the renewal of
12a license issued pursuant to this chapter:

13(1) A copy of the applicant’s current business license.

14(2) A statement indicating that the applicant has either filed an
15application for a stormwater permit or is not required to obtain a
16stormwater permit.

17(3) A statement indicating that the applicant has the equipment
18 necessary to comply with the photographic and thumbprinting
19requirements for the purchase and sale of nonferrous materials
20pursuant to Section 21608.5 or a statement indicating that the
21applicant will not be purchasing or selling nonferrous materials
22and is not required to comply with Section 21608.5.

begin insert

23(4) A statement indicating that the applicant has requested to
24receive theft alert notifications pursuant to Section 21608.7.

end insert
begin delete

25(4)

end delete

26begin insert(end insertbegin insert5)end insert The name or names of any deputy weighmasters.

27(b) The department shall issue a license to a junk dealer or
28recycler upon receipt of an application for a new license or renewal
29of a license that contains the information required by subdivision
30(a) and that is accompanied by the appropriate fee.

31(c) (1) On or before December 31, 2014, upon issuance of a
32license to a junk dealer or recycler, or renewal of such a license,
33the department shall make a thorough investigation of all of the
34information contained in the application within 90 days. If the
35license is issued or renewed on or after January 1, 2015, the
36department shall make a thorough investigation of all the
37information contained in the application within 90 days for a new
38license, and within one calendar year for a renewal of a license.

39(2) Notwithstanding Section 12708, if the department determines
40that the information submitted pursuant to subdivision (a) is
P4    1materially inaccurate, the department shall revoke the license issued
2to a junk dealer or recycler unless the junk dealer or recycler
3complies with the requirements of subdivision (a) within 14 days
4of notice from the department of a proposed revocation pursuant
5to this subdivision.

6(3) A junk dealer or recycler whose license has been revoked
7pursuant to this subdivision is entitled to a hearing conducted
8pursuant to Chapter 5 (commencing with Section 11500) of Part
91 of Division 3 of Title 2 of the Government Code.

10(d) The secretary may enter into a cooperative agreement with
11any county sealer to carry out the provisions of this section.

12(e) This section shall remain in effect only until January 1, 2019,
13and as of that date is repealed, unless a later enacted statute, that
14is enacted before January 1, 2019, deletes or extends that date.

15

begin deleteSECTION 1.end delete
16begin insertSEC. 3.end insert  

Sectionbegin delete 21609end deletebegin insert 21608.7end insert is added to the Business and
17Professions Code
, to read:

18

begin delete21609.end delete
19begin insert21608.7.end insert  

A junk dealer or recycler shall request to receive theft
20alert notifications regarding the theft of commodity metals,
21including, but not limited to, ferrous metal, copper, brass,
22aluminum, nickel, stainless steel, and alloys, in the junk dealer’s
23or recycler’s geographic region from the theft alert system
24maintained by the Institute of Scrap Recycling Industries, Inc., or
25its successor.

26

begin deleteSEC. 2.end delete
27begin insertSEC. 4.end insert  

Article 6 (commencing with Section 11199.5) is added
28to Chapter 2 of Title 1 of Part 4 of the Penal Code, to read:

29 

30Article 6.  Reports of Metal Theft
31

 

32

11199.5.  

Local law enforcement agencies are encouraged to
33report thefts of commodity metals, including, but not limited to,
34ferrous metal, copper, brass, aluminum, nickel, stainless steel, and
35alloys, that have occurred within their jurisdiction to the theft alert
36system maintained by the Institute of Scrap Recycling Industries,
37Inc., or its successor, in order to ensure that persons using that
P5    1system receive timely and thorough information regarding metal
2thefts.



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