BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 2805


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          Date of Hearing:  April 13, 2016


                          ASSEMBLY COMMITTEE ON AGRICULTURE


                                  Bill Dodd, Chair


          AB 2805  
          (Olsen) - As Amended March 17, 2016


          SUBJECT:  Cargo theft:  prevention program.


          SUMMARY:  This bill allows specified counties to enter into an  
          agreement to form the California Agriculture Cargo Theft Crime  
          Prevention Program (CACTCPP), which would be administered by the  
          county sheriff's department of each participating county under a  
          joint powers agreement (JPA).  Specifically, this bill:  


          1)Makes legislative finding and declarations regarding an  
            increase in cargo theft, monetary impacts of cargo theft and  
            the need for a proactive response to cargo theft. 

          2)Allows the following counties: Butte, Colusa, Fresno, Glenn,  
            Kern, Kings, Los Angeles, Madera, Merced, Sacramento, San  
            Benito, San Joaquin, Stanislaus, Sutter, Tehama, Tulare, Yolo,  
            and Yuba, to form the CACTCPP.

             a)   Requires CACTCPP to be operated jointly by the county  
               sheriff's department of each participating county as a JPA.  












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          3)Requires counties that form CACTCPP to operate a task force  
            known as the California Agriculture Cargo Theft Crime  
            Prevention Task Force (Task Force).

             a)   Allows the Task Force member to include representatives  
               from the respective counties Agriculture Commissioner, the  
               district attorney, and sheriffs, and, interested property  
               owners and associations.

             b)   Requires the Task Force to develop crime control  
               techniques, encourage timely reporting of crime and  
               evaluate the work of the Task Force. 

             c)   Allows the Task Force to operate a joint operation  
               center.

             d)   Allows the Task Force to work with the United States  
               (US) military, US Justice Department, other law enforcement  
               organizations and state or private organizations needed to  
               help the CACTCPP.

             e)   Allows the Task Force to solicit community and media  
               support to further CACTCPP.

             f)   Requires participating counties to adopt rules and  
               regulation for implanting and administering CACTCPP.

          4)Allows CACTCPP to develop crime prevention programs, computer  
            software and communication technology, as specified, to  
            further the goals of the Task Force.

          5)Allows the Task Force and participating counties to develop  
            uniform procedures to collect data on agriculture cargo theft  
            and create a database to track agriculture cargo theft.
          











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          EXISTING LAW:  





          1)Creates the Motor Carriers Safety Improvement Fund to cover  
            the costs for the Department of the California Highway Patrol  
            to deter commercial motor vehicle cargo, as specified.



          2)Creates the Cargo Theft Interdiction Program to combat the  
            ever increasing cargo theft problem.



          3)Creates the Rural Crime Prevention Program to enhance crime  
            prevention efforts by establishing programs to strengthen law  
            enforcement agencies in rural areas to detect and monitor  
            agricultural and rural based crimes.



          4)Allows for the formation of a JPA for the purpose of two or  
            more public agencies, by agreement, to jointly exercise any  
            power common to the contracting parties.


          FISCAL EFFECT:  Unknown.


          COMMENTS:  California has seen an increase in incidents of  
          agricultural cargo theft in recent years.  According to  
          CargoNet, California experienced 158 cargo theft incidents in  










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          2015, costing businesses over $18.7 million.  Between 2012 and  
          2015 food and beverage cargos accounted for roughly 28% of cargo  
          theft in California.  These losses are spread across all sectors  
          of our economy including agriculture, retail, and technology.





          Organized crime has been responsible for many of these thefts,  
          and law enforcement officials believe organized criminal  
          enterprises might be diverting some of the nut cargo to the  
          export market.  However, local law enforcement agencies have  
          been unable to adequately respond due to a lack of resources and  
          the inability to coordinate statewide.  According to the author,  
          California needs a proactive solution that will aid law  
          enforcement, protect businesses, and deter future theft.





          According to supporters, the tree nut industry has reported 30  
          separate incidents of cargo theft in the last six months.   
          Millions of dollars in almonds, walnuts, cashews and pistachios  
          have been stolen via thieves, posing as legitimate truck  
          drivers, creating fraudulent paperwork and picking up cargo.   
          The industry has responded by fingerprinting truckers who come  
          in to pick up loads and sometimes photographing big rig drivers.  
           Processors also are checking truck vehicle identification  
          numbers and calling to verify information.  Others are adopting  
          high-tech solutions, such as radio-frequency identification tags  
          to track cargo loads.  Supporters say a proactive statewide task  
          force on cargo theft will help lower the number of thefts. 












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          To address this issue, AB 2805 will create CACTCPP.   
          Participating counties will create a task force comprising of  
          members from each county office of the district attorney,  
          sheriff, agricultural commissioner, and interested property  
          owner groups or associations. The task force will be modeled  
          after the Rural Crime Prevention Task Force.  At this time there  
          is no proposed funding for AB 2805.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Agricultural Council of California


          California Farm Bureau Federation


          Western Agriculture Processers Association


          Western Growers Association




          Opposition











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          None on file. 




          Analysis Prepared by:Victor Francovich / AGRI. / (916) 319-2084