BILL NUMBER: AB 2313 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 4, 2014
AMENDED IN SENATE JULY 2, 2014
AMENDED IN SENATE JUNE 16, 2014
AMENDED IN SENATE JUNE 10, 2014
AMENDED IN ASSEMBLY APRIL 21, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Members Nestande and Olsen
(Coauthor: Assembly Member Gray)
FEBRUARY 21, 2014
An act to amend Sections 12704 and 12709 of the Business and
Professions Code, and to add and repeal Title 11.8 (commencing with
Section 14190.15) of Part 4 of the Penal Code, relating to metal
theft, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2313, as amended, Nestande. Metal theft and related recycling
crimes.
Existing law provides that any person who feloniously steals,
takes, or carries away the personal property of another, or who
fraudulently appropriates property that has been entrusted to him or
her, is guilty of theft. Existing law also provides that a person
who, being a dealer in or collector of junk, metals, or secondhand
materials, buys or receives any wire, cable, copper, lead, solder,
mercury, iron, or brass that 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, or city and county without using due
diligence to ascertain that the person selling or delivering the same
has a legal right to do so, is guilty of criminally receiving that
property.
Existing law establishes the Department of Justice, which is
headed by the Attorney General and tasked with, among other things,
representing California in criminal cases.
This bill, until December 31, January 1,
2020, would require the Department of Justice to establish a
Metal Theft Task Force Program to provide grants to
applicant agencies for the purpose of providing local law enforcement
and district attorneys with the tools necessary to successfully
interdict the commission of metal theft and related metal recycling
and designed to enhance the
capacity of the department to serve as the lead law enforcement
agency in the investigation and prosecution of illegal recycling
operations, and metal theft and related recycling crimes, and would
authorize the department to enter into partnerships, as defined, with
local law enforcement agencies, regional task forces, and district
attorneys for the purpose of achieving the goals of the program. The
bill would authorize the department to enter into an agreement
with any state agency for the purpose of administering the program.
The bill would establish the Metal Theft Task Force Fund, to be
administered by the Department of Justice, and would continuously
appropriate all moneys in that fund to the department for the
purposes of the program, thereby making an appropriation.
The bill would require a weighmaster who is a junk dealer or
recycler, as defined, to pay an additional license fee, to be
determined by the department and to be deposited into the fund, in an
amount that does not exceed the reasonable costs associated with
regulating the weighmaster. The bill would prohibit the proceeds of
this fee from exceeding an aggregate total of $2,000,000 per year.
The bill would require agencies receiving funding from
the program to submit an annual report, as specified, and would
authorize the Department of Justice to use the information in those
reports to review the program and report to the Governor and the
Legislature. The bill would require the Department of
Justice to submit a comprehensive report to the Legislature, no later
than December 31, 2019, 2018, on the
status and progress, since the year 2016, of the program in
deterring, investigating, and prosecuting illegal recycling
operations, and metal theft and related recycling crimes. The
bill would specify that the program would not be implemented until
the Department of Justice determines that sufficient moneys have been
deposited in the fund to implement the program.
Existing law requires, until January 1, 2019, a weighmaster who is
a junk dealer or recycler to pay an additional annual fee of $500 to
the Department of Food and Agriculture for each location at which
the weighmaster operates, as specified, for the administration and
enforcement of specified provisions.
The bill would extend the operation of the above provisions until
January 1, 2020, and would additionally require a weighmaster who is
a junk dealer or recycler, as defined, to pay a specified additional
license fee to be deposited into the Metal Theft Task Force Fund and
to be expended by the Department of Justice for the purpose of
administering the Metal Theft Task Force Program. The bill would
prohibit the proceeds of this fee from exceeding an aggregate total
of $2,000,000 per year.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12704 of the Business and Professions Code, as
amended by Section 3 of Chapter 518 of the Statutes of 2013, is
amended to read:
12704. (a) A weighmaster shall pay to the department the
following license fee for each license year as applicable to the
operation:
(1) Seventy-five dollars ($75) if the weighmaster is operating at
a fixed location.
(2) Thirty dollars ($30) for each additional fixed location at
which the weighmaster is operating.
(3) Two hundred dollars ($200) if the weighmaster is operating at
other than a fixed location.
(4) Twenty dollars ($20) for each deputy weighmaster.
(b) In addition to the license fees set forth in subdivision (a),
a weighmaster who is a recycler or a junk dealer as defined in
Section 21601 or is performing services on behalf of a recycler or
junk dealer shall also pay to the department the following license
fee for each license year as applicable to the operation:
(1) Five hundred dollars ($500) if the weighmaster is operating at
a fixed location.
(2) Five hundred dollars ($500) for each additional fixed location
at which the weighmaster is operating.
(3) Five hundred dollars ($500) if the weighmaster is operating at
other than a fixed location.
(c) In addition to the license fees set forth in subdivisions (a)
and (b), a weighmaster who is a recycler or a junk dealer as defined
in Section 21601, or who is performing services on behalf of a
recycler or junk dealer, shall also pay to the department a
license fee, to be determined by the Department of Justice, in an
amount not to exceed the reasonable costs associated with regulating
the weighmaster. the following license fee:
The
(A) One thousand dollars ($1,000) if the weighmaster is operating
at a fixed location.
(B) One thousand five hundred dollars ($1,500) if the weighmaster
is operating at other than a fixed location.
(1) The proceeds of this fee shall
not exceed an aggregate total of two million dollars ($2,000,000)
per year.
(d) "License year" means the period of time beginning with the
first day of the month the weighmaster is required to be licensed in
this state, and ending on the date designated by the secretary for
expiration of the license, or yearly intervals after the first
renewal.
(e) "Location" means a premise on which weighing, measuring, or
counting devices are used.
(f) This section shall remain in effect only until January 1,
2019, 2020, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2019, 2020, deletes or
extends that date.
SEC. 2. Section 12704 of the Business
and Professions Code , as added by Section 4 of Chapter
518 of the Statutes of 2013, is amended to read:
12704. (a) A weighmaster shall pay to the department the
following license fee for each license year as applicable to the
operation:
(1) Seventy-five dollars ($75) if the weighmaster is operating at
a fixed location.
(2) Thirty dollars ($30) for each additional fixed location at
which the weighmaster is operating.
(3) Two hundred dollars ($200) if the weighmaster is operating at
other than a fixed location.
(4) Twenty dollars ($20) for each deputy weighmaster.
(b) "License year" means the period of time beginning with the
first day of the month the weighmaster is required to be licensed in
this state, and ending on the date designated by the secretary for
expiration of the license, or yearly intervals after the first
renewal.
(c) "Location" means a premise on which weighing, measuring, or
counting devices are used.
(d) This section shall become operative on January 1,
2019. 2020.
SEC. 2. SEC. 3. Section 12709 of the
Business and Professions Code, as amended by Section 5 of Chapter
518 of the Statutes of 2013, is amended to read:
12709. (a) All license fees collected pursuant to this chapter
shall be deposited in the Department of Food and Agriculture Fund to
be expended by the department for the administration and enforcement
of this chapter, except as provided in subdivisions (b) and (c).
(b) License fees collected pursuant to subdivision (b) of Section
12704 shall be deposited in a special account in the Department of
Food and Agriculture Fund to be expended by the department for the
administration and enforcement of Section 12703.1.
(c) License fees collected pursuant to subdivision (c) of Section
12704 shall be deposited into the Metal Theft Task Force Fund
established pursuant to Section 14190.20 of the Penal Code to be
expended by the Department of Justice for the administration of the
Metal Theft Task Force Program established pursuant to Section
14190.25 of the Penal Code.
(d) This section shall remain in effect only until January 1,
2019, 2020, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2019, 2020, deletes or
extends that date.
SEC. 4. Section 12709 of the Business
and Professions Code , as added by Section 6 of Chapter
518 of the Statutes of 2013, is amended to read:
12709. (a) All license fees collected pursuant to this chapter
shall be deposited in the Department of Food and Agriculture Fund to
be expended by the department for the administration and enforcement
of this chapter.
(b) This section shall become operative on January 1,
2019. 2020.
SEC. 3. SEC. 5. Title 11.8
(commencing with Section 14190.15) is added to Part 4 of the Penal
Code, to read:
TITLE 11.8. THEFT AND RECYCLING OF METALS
14190.15. For the purposes of this title, the following
definitions shall apply:
(a) "Agency" means a regional task force, a local law enforcement
agency, or a district attorney.
(b) "Department" means the Department of Justice.
(c) "Fund" means the Metal Theft Task Force Fund.
(d) "Junk" has the same meaning as set forth in Section 21600 of
the Business and Professions Code.
(e) "Junk dealer" has the same meaning as set forth in Section
21601 of the Business and Professions Code.
(f) "Program" means the Metal Theft Task Force Program.
(g) "Recycler" has the same meaning as set fourth in Section 21605
of the Business and Professions Code.
14190.20. (a) The Metal Theft Task Force Fund is hereby
established within the department. State
Treasury. Notwithstanding Section 13340 of the Government Code,
the fund is hereby continuously appropriated to the department for
the purposes set forth in this title. Transfers to the Metal Theft
Task Force Fund shall be deposited with the department.
in the State Treasury, or in a state depository bank
approved by the Treasurer.
(b) The fund shall consist of moneys deposited into it
from received from, or recovered by, the federal
government, industry, and private sources, moneys appropriated
by the Legislature, and from fees collected pursuant to
subdivision (c) of Section 12704 of the Business and Professions
Code. General Fund moneys shall not be deposited into the fund nor
used to start up, implement, or support the continuing administration
of the provisions of this title.
(c) The fund shall be administered by the department. The
department may enter into agreements with other state agencies to
administer grants to applicant agencies from the fund.
(d) Moneys distributed from the fund pursuant to the program
established pursuant to Section 14190.25 are intended to ensure that
the department and local law enforcement and district
attorneys are is equipped with the necessary
personnel and tools to successfully combat metal theft and related
recycling crimes crimes, with a primary
focus of shutting down illegal recycling operations, which include,
but are not limited to, all of the following offenses:
(1) Illegal recycling operations.
operations, in which a junk dealer or recycler does not possess any
of the following:
(A) A current business license.
(B) A stormwater permit, application for a stormwater permit, or a
statement indicating that the applicant has either filed an
application for a stormwater permit or is not required to obtain a
stormwater permit.
(C) A weighmaster's license issued pursuant to Chapter 7
(commencing with Section 12700) of Division 5 of the Business and
Professions Code.
(2) The theft of metals, including, but not limited to, nonferrous
metals.
(3) The purchase and recycling of stolen metals ,
including, but not limited to, recycled metal beverage containers,
by recyclers.
(4) The transportation of stolen metals from junk dealers and
recyclers in this state to another state.
(5) The transportation of stolen metals from another state to this
state.
(e) (1) After deduction of the department's actual and necessary
administrative costs, moneys in the fund shall be expended for the
exclusive purpose of enhancing the capacity of the department to
serve as the lead law enforcement agency in deterring, investigating,
and prosecuting illegal recycling operations, and metal theft and
related recycling crimes.
(2) Moneys in the fund may be expended for the purpose of enabling
the department to enter into partnerships with local law enforcement
agencies, regional task forces, or district attorneys.
14190.25. (a) (1) The department shall
establish and administer the Metal Theft Task Force
Program. Administration of the overall program and the
evaluation and monitoring of all grants made pursuant to this title
shall be performed by the department. The
(2) The department may enter into
an agreement with any state agency for the purpose of administering
the program and the evaluation and monitoring of all grants
made pursuant to this title. program.
(b) Moneys appropriated to the department for the program shall be
expended for programs that enhance the capacity of local law
enforcement and prosecutors to deter, investigate, and prosecute
illegal recycling operations, and metal theft and related recycling
crimes. The department may expend funds to serve as the lead law
enforcement agency in the investigation of metal theft crimes.
(c) After deduction of the department's actual and necessary
administrative costs, the moneys in the fund shall be expended for
programs to enhance the capacity of local law enforcement and
prosecutors to deter, investigate, and prosecute illegal recycling
operations, and metal theft and related recycling crimes. The
department may expend funds to serve as the lead law enforcement
agency in the investigation of metal theft crimes.
(d) Moneys distributed under this program shall be expended for
the exclusive purpose of deterring, investigating, and prosecuting
illegal recycling operations and metal theft and related recycling
crimes. Agencies that receive moneys pursuant to the program may
consult with experts from the United States military, the California
Military Department, law enforcement entities, and various other
state and private organizations, including pertinent trade
associations, as necessary to maximize the effectiveness of this
program.
(b) (1) The program shall be designed to enhance the capacity of
the department to serve as the lead law enforcement agency in the
investigation and prosecution of illegal recycling operations and
metal theft and related recycling crimes.
(2) The department shall consult at least twice per calendar year
with pertinent recycling trade associations, including, but not
limited to, the Institute of Scrap Recycling Industries, California
Chapter and the California Metal Coalition, to determine the best
allocation of resources, for purposes of the program, from an
industry perspective, in preventing metal theft, with an emphasis on
eliminating illegal recycling operations from the state.
(c) The department may enter into partnerships with local law
enforcement agencies, regional task forces, or district attorneys.
For purposes of this title, "partnership" means a collaborative
effort involving financial contributions by the department to achieve
the goals of the program established by this title.
14190.30. (a) The department shall develop administrative
procedures for the selection of agencies to receive a grant under
this program, which shall include, at a minimum, the following
requirements:
(1) That each agency seeking a grant submit a written application
to the department setting forth in detail the proposed use of the
grant funds.
(2) That, if an applicant agency is a regional task force, the
task force shall be identified by a name that is appropriate to the
area that it serves and, in order to qualify for a grant, shall be
comprised of local law enforcement and prosecutors from at least two
counties.
(3) That priority be given to applicant agencies in areas with
high rates of reported metal thefts.
(b) The department shall develop specific guidelines for the
selection of agencies to receive a grant under this program. The
guidelines shall include, at a minimum, all of the following
selection criteria, which shall be considered by the department in
awarding grants:
(1) The number of metal theft or related recycling crime cases
filed in the immediately preceding year.
(2) The number of metal theft or related recycling crime cases
investigated in the immediately preceding year.
(3) The number of victims involved in the cases filed.
(4) The total aggregate monetary loss suffered by the victims,
including damage caused by the theft.
(5) Local moneys available to assist the agencies.
(6) The number of licensed recycling facilities in the area.
(7) The estimated number of illegal recycling operations in the
area.
(c) The department may enter into an agreement with any state
agency for the purpose of developing administrative procedures and
specific guidelines for the selection of agencies to receive a grant
under this program.
14190.35. (a) Each agency awarded a grant under the program
during the previous funding cycle shall, upon reapplication for funds
to the department in each successive year and in addition to any
other information required by this title, submit a detailed
accounting of moneys received and expended in the immediately
preceding year.
(b) The accounting shall include all of the following information:
(1) The amount of moneys received and expended.
(2) The use to which those moneys were put, including payment of
salaries and expenses, purchase of equipment and supplies, and other
expenditures by type.
(3) The number of filed crime reports, investigations, arrests,
and convictions for metal theft and related recycling crimes that
resulted from expenditure of the funds.
14190.40. (a) The department may regularly review the
effectiveness of the program in deterring, investigating, and
prosecuting metal theft and related recycling crimes and shall,
notwithstanding Section 10231.5 of the Government Code, submit a
report to the Legislature and Governor that is based on reports
submitted to the department pursuant to subdivision (b).
(b) Agencies receiving funding from the program shall submit an
annual report to the department that details all of the following:
(1) The number of metal theft and recycling crime cases filed in
the immediately preceding year.
(2) The number of metal theft and recycling crime cases
investigated in the immediately preceding year.
(3) The number of victims involved in the cases reported.
(4) The number of convictions obtained in the immediately
preceding year.
(5) The total aggregate monetary loss suffered by the victims,
including damage caused by the theft.
(6) The number of illegal recycling operations or illegal junk
dealers, or both, shut down.
(7) An accounting of moneys received and expended in the
immediately preceding year, which shall include all of the following:
(A) The amount of moneys received and expended.
(B) The uses to which those moneys were put, including payment of
salaries and benefits, operating expenses, equipment purchases, and
allowable expenditures.
(C) Any other relevant information requested.
(c) By no
14190.30. No later than December 31,
2019, 2018, the department shall,
notwithstanding Section 10231.5 of the Government Code, submit a
comprehensive report to the Legislature on the status and progress,
since the year 2016, of the program in deterring, investigating, and
prosecuting illegal recycling operations, and metal theft
and related recycling crimes. The report shall be based on
each annual report submitted to the department pursuant to
subdivision (b). i nclude, but be not
limited to, all of the following information:
(a) The number of metal theft and related recycling crime cases
filed.
(b) The number of metal theft and related recycling crimes cases
investigated.
(c) The number of victims involved in the cases reported.
(d) The number of convictions obtained.
(e) The total aggregate monetary loss suffered by the victims,
including damage caused by the theft.
(f) The number of illegal recycling operations or illegal junk
dealers or recyclers, or both, shut down.
(g) An accounting of moneys received and expended in each program
year, commencing with 2016, which shall include all of the following:
(1) The amount of moneys received and expended by the department.
(2) The use to which those moneys were put, including payment of
salaries and benefits, operating expenses, equipment purchases, and
allowable expenditures.
(3) Any other relevant information requested.
14190.45. 14190.35. (a) The program
established pursuant to this title shall not be implemented until
the department determines that sufficient moneys have been deposited
in the Metal Theft Task Force Fund to implement the provisions of
this title.
(b) The department shall only be required to implement the
provisions of this title upon the availability of moneys in the fund
in an amount sufficient to cover all costs relating to the startup,
implementation, and continuing administration of the provisions of
this title.
14190.50. 14190.40. The department
may adopt regulations as needed to administer this title.
14190.55. 14190.45. This title shall
remain in effect only until December 31,
January 1, 2020, and as of that date is repealed, unless a
later enacted statute, that is enacted before December 31,
Jan uary 1, 2020, deletes
or extends that date.