California Legislature—2015–16 Regular Session

Assembly Bill No. 1019

Introduced by Assembly Member Eduardo Garcia

February 26, 2015

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 1019, as introduced, Eduardo Garcia. 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 January 1, 2020, would require the Department of Justice to establish a Metal Theft Task Force Program 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 the Department of Justice to submit a comprehensive report to the Legislature, no later than December 31, 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.

begin insert

(c) (1) 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 the
following license fee:

end insert begin insert

(A) One thousand dollars ($1,000) if the weighmaster is
operating at a fixed location.

end insert begin insert

(B) One thousand five hundred dollars ($1,500) if the
weighmaster is operating at other than a fixed location.

end insert begin insert

(2) The proceeds of this fee shall not exceed an aggregate total
of two million dollars ($2,000,000) per year.

end insert begin delete

(c)

end delete

begin insert (d) end insert  “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.

begin delete

(d)

end delete

begin insert (e) end insert  “Location” means a premise on which weighing, measuring,
or counting devices are used.

begin delete

(e)

end delete

begin insert (g) end insert  This section shall remain in effect only until January 1, begin delete 2019 end delete
begin insert 2020 end insert , and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, begin delete 2019 end delete begin insert 2020 end insert , 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, begin delete 2019 end delete
begin insert 2020 end insert .

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 begin delete subdivision (b) end delete
begin insert subdivisions (b) and (c) end insert .

(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.

begin insert

(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.

end insert begin delete

(c)

end delete

begin insert (d) end insert  This section shall remain in effect only until January 1, begin delete 2019 end delete
begin insert 2020 end insert , and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, begin delete 2019 end delete begin insert 2020 end insert , 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, begin delete 2019 end delete
begin insert 2020 end insert .

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 forth in Section
21605 of the Business and Professions Code.

14190.20.  

(a) The Metal Theft Task Force Fund is hereby
established within the 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 in the State Treasury, or in a state depository bank
approved by the Treasurer.

(b) The fund shall consist of moneys deposited into it 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.

(d) Moneys distributed from the fund pursuant to the program
established pursuant to Section 14190.25 are intended to ensure
that the department is equipped with the necessary personnel and
tools to successfully combat metal theft and related recycling
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, 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 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.

(2)  The department may enter into an agreement with any state
agency for the purpose of administering the 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.  

No later than December 31, 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 include,
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.

14190.35.  

(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.

14190.40.  

The department may adopt regulations as needed to
administer this title.

14190.45.  

This title shall remain in effect only until January
1, 2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.