BILL ANALYSIS Ó AB 2805 Page 1 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. AB 2805 Page 2 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. AB 2805 Page 3 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 AB 2805 Page 4 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. AB 2805 Page 5 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 AB 2805 Page 6 None on file. Analysis Prepared by:Victor Francovich / AGRI. / (916) 319-2084