BILL ANALYSIS Ó
AB 2312
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2312 (Nestande and Olsen)
As Amended August 5, 2014
Majority vote
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|ASSEMBLY: |73-0 |(May 8, 2014) |SENATE: |33-1 |(August 11, |
| | | | | |2014) |
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Original Committee Reference: B., P. & C.P.
SUMMARY : Requires a junk dealer or recycler to request to
receive metal theft alert notifications from an Internet-based
theft alert system and requires a junk dealer or recycler to
provide a statement that they have requested to receive theft
alert notifications when seeking a weighmasters license.
Specifically, this bill :
1)Requires a junk dealer or recycler to include a statement in
the application for a weighmasters license that he or she has
requested to receive online theft alert notifications, as
specified.
2)Requires a junk dealer or recycler to 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., (ISRI) or its successor.
3)Encourages but does not require local law enforcement agencies
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 ISRI, or
its successor, in order to ensure that persons using that
system receive timely and thorough information regarding metal
thefts.
4)Exempts a junk dealer or recycler from the requirement to
request to receive theft alert notifications if ISRI or its
successor requires payment for use of the theft alert system.
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5)Prohibits ISRI or its successor from selling subscriber
information to third parties.
6)Makes finding and declarations that:
a) ISRI developed ScrapTheftAlert.com which is a Web-based
theft alert system that allows law enforcement to alert
recyclers of reported stolen material and allows recyclers
to alert area law enforcement when they have received
materials they believe might have been stolen;
b) This alert system broadcasts theft alerts to every
registered user within a 100-mile radius of where the theft
occurred and can expand depending on the circumstances;
and,
c) ISRI has worked closely with law enforcement and has
integrated their suggestions into the system's latest
update to make its use more user-friendly for law
enforcement, including no cost to law enforcement or
non-ISRI members and specifies that members of ISRI pay for
the entire database through their membership dues.
The Senate amendments exempt a junk dealer or recycler from the
requirement to request to receive theft alert notifications if
ISRI or its successor requires payment for use of the theft
alert system. This bill is substantially similar to the version
passed by the Assembly.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
1)Purpose of this bill. In an effort to help industry
representatives better identify stolen metal, this bill would
require a junk dealer or recycler to register to receive metal
theft alert notifications from the online theft alert system,
ScrapTheftAlert.com, which is maintained by ISRI. This bill
also requires a junk dealer or recycler seeking a weighmasters
license to verify during the application process that they
have requested to receive the theft alert notifications. In
addition, this bill encourages (but does not require) local
law enforcement representatives to report the theft of certain
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metal commodities to the theft alert system in order to ensure
individuals receive timely theft alert notifications. This
bill is sponsored by the author.
2)Author's statement. According to the author, "Metal theft is
a growing problem in California and the costs of repairing
damage done by thieves is a huge burden on government
agencies, non-profits, businesses and property owners alike.
Thieves are becoming more sophisticated and often operate
inter-cities networks were metals are stolen from one location
only to be sold as scrap to recycling centers many miles away.
Enhancing regional cooperation against metal theft is key to
any efforts to stem the growth of this type of crime.
"Since many scrap metal recycling centers are often not informed
about recently 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.
"This bill will require recycling centers to subscribe to ISRI's
metal theft alert system (at no cost to the recycling center)
so they will receive theft alerts occurring within 100 miles
of their location. This will allow them to be cognizant of
stolen items that could be brought [to] their recycling center
and will provide a strong deterrent to thieves operating in
regional networks because every recycling center will be aware
of recently stolen items."
3)The ongoing problem of metal theft. According to the author,
metal theft continues to be a serious problem in California.
In addition to the loss of property, repairing the damage from
metal theft can also be costly. For example, the Woodland
Daily Democrat reported on November 9, 2013, that someone
stole $10 worth of copper from a construction site, but
repairing the damage from the theft would cost $1,000. In a
separate story reported by Fresno's KFSN television news on
November 8, 2013, a registered California historic landmark
memorial was stolen from the Pinedale Remembrance Plaza. The
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
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thieves this year than it did in 2013.
4)The growing nonferrous metal recycling industry. According to
ISRI, nonferrous (not 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 a nearly
infinite number of times. Nonferrous materials include
copper, copper alloys, stainless steel, or aluminum (but not
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 United States
exported nearly $14 billion worth of nonferrous scrap to more
than 90 countries.
5)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.
ScrapTheftAlert.com currently has 513 active users in California
and 240 active alerts. Nationwide, the Web site has over
16,000 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 successor will not charge a fee for the use of the theft
system and is not permitted to sell subscribers' information
to third parties.
AB 2312
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Analysis Prepared by : Elissa Silva / B., P. & C.P. / (916)
319-3301
FN: 0004514