BILL ANALYSIS                                                                                                                                                                                                    Ó







                      SENATE COMMITTEE ON PUBLIC SAFETY
                            Senator Loni Hancock, Chair              A
                             2013-2014 Regular Session               B

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          AB 2312 (Nestande)                                         2
          As Amended April 10, 2014 
          Hearing date:  June 24, 2014
          Business and Professions; Penal Codes
          JM:mc 

                               METAL THEFT ALERT SYSTEM  

                                       HISTORY

          Source:  Institute of Scrap Recycling Industry 

          Prior Legislation: SB 485 (Calderon) - Chapter 518, Statues of  
          2013
                       AB 841 (Torres) - vetoed by the Governor, 2013
                       AB 909 (Gray) - vetoed by the Governor, 2013
                       AB 316 (Carter) - Chapter 317, Statutes of 2011
                       AB 2372 (Ammiano) - Chapter 693, Statutes of 2010
                       AB 237 (Carter) - failed passage in Senate Public  
          Safety, 2009
                       SB 447 (Maldonado) - Chapter 732, Statutes of 2008
                       SB 691 (Calderon) - Chapter 720, Statutes of 2008
                       AB 844 (Berryhill) - Chapter 731, Statutes of 2008
                       AB 1778 (Ma) - Chapter 733, Statutes of 2008
                       AB 1859 (Adams) - Chapter 659, Statutes of 2008
                       AB 2724 (Benoit) - failed passage in Senate Public  
          Safety, 2008

          Support: Allied Riverside County Chiefs of Police and Sheriff;  
                   Association of California Recycling Industries;  
                   Association of California Water Agencies; Blythe Police  
                   Department; California Farm Bureau Federation;  
                   California Municipal Utilities Association; California  




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                   Police Chiefs Association; California State Sheriffs'  
                   Association; California Women for Agriculture;  
                   Californians Against Waste; City of Beaumont; City of  
                   Indio Police Department; City of Rancho Mirage; City of  
                   Salinas; Coachella Valley Association of Governments;  
                   Coachella Valley Economic Partnership; Coachella Valley  
                   Water District; Desert Fresh, Inc.; Desert Sands  
                   Unified School District; Desert Valley Builders  
                   Association; Eastern Municipal Water District; Fresno  
                   Metropolitan Flood Control District; General Patton  
                   Memorial Museum; Indio Chamber of Commerce; Mayor of  
                   San Jacinto; Metropolitan Water District of Southern  
                   California; Patton Memorial Museum Board of Directors;  
                   Riverside County Board of Supervisors; Riverside County  
                   Chiefs of Police and Sheriffs; Schintzer Steel  
                   Industries; Western Electrical Contractors Association;  
                   Plumbing-Heating-Cooling Contractors Association of  
                   California; Associated Builders and Contractors-San  
                   Diego Chapter; Air Conditioning Trade Association

          Opposition:None known

          Assembly Floor Vote:  Ayes 73 - Noes 0


                                        KEY ISSUES
           
          SHOULD A JUNK DEALER OR RECYCLER BE REQUIRED TO 1) REQUEST METAL  
          THEFT ALERT NOTIFICATIONS FROM A WEB-BASED THEFT ALERT SYSTEM AND 2)  
          PROVIDE PROOF OF THE REQUEST TO THE CALIFORNIA DEPARTMENT OF FOOD  
          AND AGRICULTURE WHEN APPLYING FOR A WEIGHMASTER LICENSE?

          SHOULD LOCAL LAW ENFORCEMENT BE ENCOURAGED TO REPORT METAL THEFTS  
          THROUGH A WEB-BASED THEFT ALERT SYSTEM?



                                       PURPOSE





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          The purpose of this bill is to assist in coordinating local  
          responses to metal thefts by 1) requiring junk dealers and  
          recyclers to request metal theft alert notifications from an  
          industry-run web-based theft alert system; 2) requiring junk  
          dealers and recyclers to provide proof of the request for metal  
          theft notifications to the California Department of Food and  
          Agriculture when applying for a weighmaster license; and 3)  
          encouraging local law enforcement to report metal thefts through  
          the web-based theft alert system. 
          
           Existing law  provides that theft in any of the following cases  
          is grand theft:

                 When the money, labor, or real or personal property  
               taken is of a value exceeding nine hundred fifty dollars  
               ($950);
                 When domestic fowls, avocados, olives, specified fruits,  
               vegetables, nuts, artichokes, or other farm crops are taken  
               of a value exceeding two hundred fifty dollars ($250);
                 When specified fish or aquacultural products are taken  
               from a commercial or research operation which is producing  
               that product, of a value exceeding two hundred fifty  
               dollars ($250);
                 Where the labor or property is taken by an agent or  
               employee from his or her principal or employer and  
               aggregates nine hundred fifty dollars ($950) or more in any  
               12 consecutive month period;
                 When the property is taken from the person of another;
                 When the property taken is an automobile, horse, mare,  
               gelding, or specified livestock; or
                 Theft of a firearm.  (Penal Code § 487.)  

           Existing law  provides that grand theft is punishable as follows:

                 When the grand theft involves the theft of a firearm, by  
               a prison term of16 months, 2, or 3 years.  In all other  
               cases, by imprisonment in a county jail not exceeding one  
               year or as a jail felony for 16 months, 2, or 3 years  
               pursuant to Penal Code Section 1170 (h).  (Penal Code §  




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               489.)
           
          Existing law  provides that every person who buys or receives any  
          property that has been stolen or obtained by theft or extortion,  
          knowing the property to be so stolen or obtained, or who  
          conceals, sells, withholds, any property from the owner, knowing  
          the property to be so stolen or obtained, shall be punished by  
          imprisonment in a county jail pursuant to Penal Code Section  
          1170, subdivision (h), or in a county jail for not more than one  
          year.  However, if the value of the property does not exceed  
          four hundred dollars ($400), the prosecutor may charge the  
          offense as a misdemeanor.  A principal in the actual theft may  
          be convicted of receiving stolen property, but not convicted of  
          both offenses.  (Pen. Code § 496, subd. (a).)

           Existing law provides that any attempt to receive stolen  
          property is an alternate felony-misdemeanor punishable by  
          imprisonment as a jail felony pursuant to Section 1170,  
          subdivision (h), or in a county jail for not more than one year.  
           (Pen. Code § 496.)

           Existing law  states that the definition of "junk dealer"  
          includes any person engaged in the business of buying, selling  
          and dealing in junk, any person purchasing, gathering,  
          collecting, soliciting or traveling about from place to place  
          procuring junk, and any person operating, carrying on,  
          conducting or maintaining a junk yard or place where junk is  
          gathered together and stored or kept for shipment, sale or  
          transfer.  (Bus. & Prof. Code § 21601.)
           
          Existing law  provides that every junk dealer and every recycler,  
          as defined, in this state is hereby required to keep a written  
          record of all sales and purchases made in the course of his or  
          her business.  (Bus. & Prof. Code § 21605.)  Those records must  
          include:

               (1)      The place and date of each sale or purchase  
               of junk made in the conduct of his or her business as  
               a junk dealer or recycler.




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               (2)      The name, valid driver's license number and  
               state of issue or California-issued identification  
               card number, and vehicle license number including the  
               state of issue of any motor vehicle used in  
               transporting the junk to the junk dealer's or  
               recycler's place of business.

               (3)      The name and address of each person to whom  
               junk is sold or disposed of, and the license number of  
               any motor vehicle used in transporting the junk from  
               the junk dealer's or recycler's place of business.

               (4)      A description of the item or items of junk  
               purchased or sold, including the item type and  
               quantity, and identification number, if visible.

               (5)      A statement indicating either that the seller  
               of the junk is the owner of it, or the name of the  
               person he or she obtained it from, as shown on a  
               signed transfer document.

               (6)      Any person who makes, or causes to be made,  
               any false or fictitious statement regarding any  
               information required by this section, is guilty of a  
               misdemeanor. (Bus. & Prof. Code § 21606.)
           
          Existing law  vests the California Department of Food and  
          Agriculture (DFA) with general supervision of weights and  
          measures and weighing and measuring devices sold or used in the  
          state.  (Bus. & Prof. Code § 12700, et seq.)

           Existing law  provides for the enforcement of the weights and  
          measures laws and the inspection and testing of measuring  
          devices, in each county, by the county sealer.  (Bus. & Prof.  
          Code §§ 12100 et seq.; 12200 et seq.)

           Existing law  defines a "weighmaster" as any person, who, for  
          hire or otherwise, weighs, measures, or counts any commodity and  




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          issues a statement or memorandum of the weight, measure, or  
          count which is used as the basis for either the purchase or sale  
          of that commodity or charge for service.  (Bus. & Prof. Code §  
          12700.)

           Existing law  requires a weighmaster to obtain a license and to  
          pay a license fee, as prescribed.  
          (Bus. & Prof. Code §§ 12703; 12704.)

           Existing law  requires the DFA to require a recycler or junk  
          dealer, as defined, who applies for or renews a weighmaster  
          license to furnish the following information on the application:  
           (Bus. & Prof. Code § 12703.1)

                 A copy of the current business license.
                 A statement that the applicant has filed an application  
               for a storm water permit or is not required to obtain a  
               storm water permit. 
                 A statement that the applicant has the equipment to meet  
               the photographic and thumbprinting requirements for the  
               purchase and sale of nonferrous materials or a statement  
               that the applicant will not be purchasing or selling  
               nonferrous materials.
                 The names of any deputy weighmasters.

           This bill  requires the DFA to require a recycler or junk dealer  
          who applies for or renews a weighmaster license to additionally  
          include a statement indicating that the applicant has requested  
          to receive theft alert notifications, as specified.

           This bill  requires a junk dealer or recycler to request to  
          receive theft alert notifications regarding the theft of  
          commodity metals, including, 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  
          (ISRI), or its successor.

           This bill  encourages law enforcement agencies to report thefts  




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          of commodity metals, including, ferrous metal, copper, brass,  
          aluminum, nickel, stainless steel, and alloys that have occurred  
          within their jurisdiction to the theft alert system maintained  
          by ISRI, or its successor, in order to ensure that persons using  
          that system receive timely and thorough information regarding  
          metal thefts.  

           This bill  provides that ISRI or its successor shall not require  
          payment for the use of the theft alert system by law enforcement  
          agencies or members of the public, and shall not sell  
          subscribers' information to third parties.

           This bill  includes legislative findings and declarations, as  
          specified. 

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the last several years, severe overcrowding in California's  
          prisons has been the focus of evolving and expensive litigation  
          relating to conditions of confinement.  On May 23, 2011, the  
          United States Supreme Court ordered California to reduce its  
          prison population to 137.5 percent of design capacity within two  
          years from the date of its ruling, subject to the right of the  
          state to seek modifications in appropriate circumstances.   

          Beginning in early 2007, Senate leadership initiated a policy to  
          hold legislative proposals which could further aggravate the  
          prison overcrowding crisis through new or expanded felony  
          prosecutions.  Under the resulting policy, known as "ROCA"  
          (which stands for "Receivership/ Overcrowding Crisis  
          Aggravation"), the Committee held measures that created a new  
          felony, expanded the scope or penalty of an existing felony, or  
          otherwise increased the application of a felony in a manner  
          which could exacerbate the prison overcrowding crisis.  Under  
          these principles, ROCA was applied as a content-neutral,  
          provisional measure necessary to ensure that the Legislature did  
          not erode progress towards reducing prison overcrowding by  
          passing legislation, which would increase the prison population.  
            




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          In January of 2013, just over a year after the enactment of the  
          historic Public Safety Realignment Act of 2011, the State of  
          California filed court documents seeking to vacate or modify the  
          federal court order requiring the state to reduce its prison  
          population to 137.5 percent of design capacity.  The State  
          submitted that the, ". . .  population in the State's 33 prisons  
          has been reduced by over 24,000 inmates since October 2011 when  
          public safety realignment went into effect, by more than 36,000  
          inmates compared to the 2008 population . . . , and by nearly  
          42,000 inmates since 2006 . . . ."  Plaintiffs opposed the  
          state's motion, arguing that, "California prisons, which  
          currently average 150% of capacity, and reach as high as 185% of  
          capacity at one prison, continue to deliver health care that is  
          constitutionally deficient."  In an order dated January 29,  
          2013, the federal court granted the state a six-month extension  
          to achieve the 137.5 % inmate population cap by December 31,  
          2013.  

          The Three-Judge Court then ordered, on April 11, 2013, the state  
          of California to "immediately take all steps necessary to comply  
          with this Court's . . . Order . . . requiring defendants to  
          reduce overall prison population to 137.5% design capacity by  
          December 31, 2013."  On September 16, 2013, the State asked the  
          Court to extend that deadline to December 31, 2016.  In  
          response, the Court extended the deadline first to January 27,  
          2014, and then February 24, 2014, and ordered the parties to  
          enter into a meet-and-confer process to "explore how defendants  
          can comply with this Court's June 20, 2013, Order, including  
          means and dates by which such compliance can be expedited or  
          accomplished and how this Court can ensure a durable solution to  
          the prison crowding problem."

          The parties were not able to reach an agreement during the  
          meet-and-confer process.  As a result, the Court ordered  
          briefing on the State's requested extension and, on February 10,  
          2014, issued an order extending the deadline to reduce the  
          in-state adult institution population to 137.5% design capacity  
          to February 28, 2016.  The order requires the state to meet the  




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          following interim and final population reduction benchmarks:

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          If a benchmark is missed the Compliance Officer (a position  
          created by the February 10, 2016 order) can order the release of  
          inmates to bring the State into compliance with that benchmark.   


          In a status report to the Court dated May 15, 2014, the state  
          reported that as of May 14, 2014, 116,428 inmates were housed in  
          the State's 34 adult institutions, which amounts to 140.8% of  
          design bed capacity, and 8,650 inmates were housed in  
          out-of-state facilities.   

          The ongoing prison overcrowding litigation indicates that prison  
          capacity and related issues concerning conditions of confinement  
          remain unresolved.  While real gains in reducing the prison  
          population have been made, even greater reductions may be  
          required to meet the orders of the federal court.  Therefore,  
          the Committee's consideration of ROCA bills -bills that may  
          impact the prison population - will be informed by the following  
          questions:

                 Whether a measure erodes realignment and impacts the  
               prison population;
                 Whether a measure addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
                 Whether a bill corrects a constitutional infirmity or  
               legislative drafting error; 
                 Whether a measure proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy; and,
                 Whether a bill addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy.




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                                      COMMENTS

          1.  Need for this Bill  

          According to the author:  

               This bill would require all scrap metal recycling  
               centers in California to subscribe and receive reports  
               of metal thefts in their region from the ISRI metal  
               theft alert system which is free of charge to  
               subscribers and law enforcement. This bill will also  
               encourage local law enforcement agencies to report  
               crimes to the ISRI database so recycling centers can  
               be made aware of them.  The ISRI reporting system  
               operates by law enforcement officials submitting a  
               report to their online database with a description of  
               the stolen items and the date and location from where  
               they were stolen.  Once that report is submitted, ISRI  
               sends an alert to recycling centers within a 100 mile  
               radius of where the theft occurred.

               Currently, recyclers are not required to subscribe to  
               any alert system allowing for the potential of stolen  
               items to go unnoticed. Since many scrap metal  
               recycling centers are not aware of potential stolen  
               items, they unwittingly help provide a market for the  
               thieves to sell stolen property. Providing this market  
               for stolen goods provides easy cash to thieves and a  
               strong incentive for future thefts. These incentives  
               have caused metal theft to continue to grow in  
               California and costs families, businesses, and  
               government agencies up to thousands of dollars to  
               repair the damage caused by each theft.

          2.  The Ongoing Problem of Metal Theft  

          Metal theft continues to be a serious problem in California.  In  
          addition to the loss of property, repairing the damage from  




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          metal theft can also be costly.

          For example, Fresno's ABC-7 television news on November 2013,  
          reported a registered California historic landmark memorial was  
          stolen from the Pinedale Remembrance Plaza.  The 20 pounds of  
          brass from the stolen memorial was worth approximately $50 at a  
          recycling facility, but it will cost an estimated $5000 to  
          replace.  The Desert Sun reported on February 14, 2014 that less  
          than two months into 2014, the Coachella Valley Water District  
          is on its way to losing more equipment to metal thieves this  
          year than it did in 2013.

          The National Insurance Crime Bureau (NICB) released a report in  
          2013 regarding metal theft which reported, "thieves have been  
          willing to go to almost any length to obtain the metal.  They  
          have stripped sheets of metal from building rooftops, stolen  
          memorial decorations from cemeteries, ripped apart air  
          conditioners for the copper coils within, and stripped homes and  
          buildings of wiring and piping ? The thieves can endanger the  
          safety of themselves and those in the surrounding community, and  
          weaken the infrastructure vital to our everyday lives.   
          Unoccupied buildings have exploded due to gas lines being  
          stolen, stretches of highway have been left dark after thieves  
          stole wiring from utility poles, and tornado warning sirens have  
          been rendered inoperable due to wiring being stolen? Regardless  
          of the motive, the damage caused by such thefts is often several  
          times the value of the metal stolen, leaving the victims with  
          hefty repair costs which are then often passed on to insurance  
          companies."  (Metal Theft Claims and Questionable Claim  
          Referrals from January 1, 2010 to December 31, 2012, April 19,  
          2013, NICB).

          3.  The Growing Nonferrous Metal Recycling Industry  

          According to the Institute of Scrap Recycling Industry (ISRI),  
          nonferrous (non iron-based) metals are among the few materials  
          that do not degrade or lose their chemical or physical  
                                            properties in the recycling process.  Because of this, these  
          metals have the capacity to be recycled an infinite number of  




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          times.  Nonferrous materials include copper, copper alloys,  
          stainless steel, or aluminum (excluding beverage containers, as  
          defined in the California Public Resources Code).

          In the United States, the value of the nonferrous scrap industry  
          approached $50 billion in 2012.  In terms of volume, nonferrous  
          scrap materials make up a small percentage of the total quantity  
          of material recycled in the United States, but by value they  
          account for more than half of the total earnings of the scrap  
          recycling industry.  In 2012, the U.S. exported nearly $14  
          billion worth of nonferrous scrap to more than 90 countries.

          4.  Theft Alert Notifications  

          ScrapTheftAlert.com is a free tool for junk dealers and  
          recyclers, law enforcement, and other local agencies to allow an  
          individual to alert others in the scrap industry of significant  
          thefts of materials within the United States and Canada.

          Alerts posted by individuals are broadcast by email to all  
          subscribed users within a 100 mile radius of where the incident  
          occurred, and depending on the incident, that radius can be  
          increased.  Once an alert has been broadcast, it can be in the  
          recipient's email inbox in minutes.

          ScrapTheftAlert.com currently has 524 active users in California  
          and has issued 246 active alerts.  Nationwide, the Web site has  
          over 17,000 total users and has helped recover over one million  
          dollars of stolen material.  ScrapTheftAlert.com is maintained  
          by ISRI and there is no separate cost for users because ISRI  
          members pay for the operation of the Web site.


          This bill requires junk dealers and recyclers to request to  
          receive theft alert email notifications, and junk dealers and  
          recyclers seeking a weighmasters license must provide a  
          statement in their application that they have registered to  
          receive email alerts from the theft alert system as a condition  
          for licensure.   This bill also provides that ISRI or its  




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          successor will not charge a fee for the use of the theft system  
          and is not permitted to sell subscribers' information to third  
          parties.

          5.  Related Legislation  

           SB 485  (Calderon, Chapter 518, Statutes of 2013) requires a junk  
          dealer or recycler to submit additional information regarding  
          its junk dealer business to DFA when applying for a  
          weighmaster's license or a renewal license, requires the DFA to  
          complete an investigation of the information on the application  
          or renewal within a specified period of time and revoke the  
          license if the information submitted in the application or  
          renewal is materially inaccurate, increases the fees that junk  
          dealers or recyclers pay for each fixed location, and sunsets  
          those provisions on January 1, 2019.

           AB 841  (Torres, 2013) would have required junk dealers and  
          recyclers to provide payment to sellers of nonferrous material  
          by mailed check only, as specified.  (  Status  :  AB 841 was vetoed  
          by the Governor.)

           AB 909  (Gray, 2013) would have required the Board of State and  
          Community Corrections to establish the Metal Theft Task Force  
          Program to provide, evaluate and monitor grants disbursed to  
          enhance the capacity of local law enforcement and prosecutors to  
          deter, investigate, and prosecute metal theft and related metal  
          theft crimes.  (  Status  :  AB 909 was vetoed by the Governor.).

           AB 316  (Carter, Chapter 317, Statutes of 2011) provided that  
          every person who steals, takes, or carries away copper materials  
          which are of a value exceeding $950 is guilty of grand theft,  
          punishable as specified.

           SB 447  (Maldonado, Chapter 732, Statutes of 2008) required scrap  
          metal dealers and recyclers to report what materials are being  
          scraped at their facilities and by whom on a daily basis.

           AB 844  (Berryhill, Chapter 731, Statutes of 2008) required  




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          recyclers to hold payment for three days, check photo  
          identification and take a thumbprint of anyone selling scrap  
          metals.  AB 844 also required any person convicted of metal  
          theft to pay restitution for the materials stolen and for any  
          collateral damage caused during the theft.

           SB 691  (Calderon, Chapter 730, Statutes of 2008) required junk  
          dealers and recyclers to take thumbprints of individuals selling  
          copper, copper alloys, aluminum and stainless steel, and  
          required sellers to show government identification and proof of  
          their current address.


          6.  Policy Concerns in Private Entities Engaging in Reporting and  
            Tracking of Crimes  
          
          This bill recognizes a web based theft alert system  
          ScrapTheftAlert.com that is operated by ISRI a private trade  
          association.  The bill encourages enforcement agencies to report  
          thefts of commodity metals to the alert system, and requires  
          recyclers and junk dealers to subscribe to, and receive alerts  
          from the alert system.  

          Although the bill prohibits ScrapTheftAlert.com from charging  
          for alerts sent to subscribing junk dealers and recyclers, the  
          bill is vesting what may be regarded as essentially a state  
          regulatory function into an industry-run web based alert system.  
           While the creativity of using a privately-operated alert system  
          is laudable in the light of the limited and diminishing fiscal  
          resources of state agencies, there remains a level of concern  
          with assigning this function to a private entity.  There is  
          concern that the bill does not contain any practice standards  
          for the alert system, leaving those details solely in the hands  
          of ISRI.  Further there is concern that a trade association  
          could possibly use a mandated alert system to advertise to those  
          mandated subscribers or to sell advertisements which are then  
          distributed to the subscribers through the alert system.  In  
          addition, there is a strong likelihood mandating junk dealers  
          and recyclers to use ISRI's theft alert system, the bill would  




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          result in possibly benefiting ISRI by substantially increasing  
          the membership of that trade association.









































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          7.  Sunset Amendments Agreed to in Business and Professions  
            Committee to be taken in Senate Public Safety  

          To evaluate the efficacy of mandating the use of a private  
          association operated theft alert system, the author agreed in  
          the Business and Professions Committee to establish a three year  
          sunset date until January 1, 2018, on this bill's provisions.   
          The amendments are to be taken in this Committee.  The sunset  
          clause will allow the Legislature to revisit the issue and  
          respond to any unintended consequences and evaluate the adequacy  
          of encouraging law enforcement to report metal thefts to, and  
          requiring junk dealers and recyclers to subscribe to, ISRI's  
          metal theft alert system.
          
          8.  Arguments in Support  
          
          The Association of California Water Agencies (ACWA) writes in  
          support that metal theft has quickly become a severe drain on  
          many water district budgets.  "Criminals may steal material that  
          only garners a small amount of money but the damage that the  
          theft creates costs our public agencies thousands of dollars  
          each year to repair and replace.  We had hoped that the series  
          of bills signed into law over the past several years would have  
          curbed the rash of metal thefts, but it appears that more still  
          needs to be done."

          Association of California Recycling Industries (ACRI) states,  
          "We support the creation of this notification system and believe  
          it is an appropriate and effective approach to reducing the  
          incidents of metal theft in California, while ensuring that  
          law-abiding businesses in California are not placed at a  
          competitive disadvantage in the marketplace."

          The City of Beaumont states that requiring businesses to receive  
          updates from the ISRI-operated database will help them avoid  
          purchasing stolen goods and reduce demand for stolen scrap.   
          "This database will also provide a powerful deterrent as thieves  
          realize that scrap metal recycling centers are aware of their  
          stolen goods thus increasing their chances of being caught and  




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          brought to justice."

          Allied Riverside County Chiefs of Police and Sheriff (ARCCOPS)  
          states that communities have experienced a significant increase  
          in commercial metal theft, costing our businesses and residents  
          hundreds of thousands of dollars in direct and indirect costs.   
          Metal theft has also created safety hazards including missing  
          manhole covers, exposed electrical wires and severe flooding of  
          streets and farms following damage to of backflow and irrigation  
          systems.  In some communities, these cases have resulted in  
          serious injury to innocent citizens.  ARCCOPS states, "We  
          believe that legislation such as this, requiring recyclers to  
          receive and disseminate information and updates from the  
          ISRI-operated database will help to identify stolen goods and  
          reduce demand for stolen scrap metals"


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