BILL ANALYSIS Ó
AB 2805
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CONCURRENCE IN SENATE AMENDMENTS
AB
2805 (Olsen)
As Amended August 16, 2016
Majority vote
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|ASSEMBLY: | |(April 28, |SENATE: |39-0 |(August 17, |
| | |2016) | | |2016) |
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(Vote not relevant)
Original Committee Reference: AGRI.
SUMMARY: Creates the California Agriculture Cargo Theft
Prevention Working Group (working group), to be coordinated by
the Department of the California Highway Patrol (CHP), and to
consist of volunteer members from private and public
organizations, as specified. Requires the working group to
address issues of agriculture cargo theft (ACT), problem
solving, and theft control techniques cargo, as specified.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Make legislative findings and declarations on the need for the
working group.
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2)Require the working group to be coordinated by CHP and may
consist of volunteer members from the county offices of the
agricultural commissioner, the interested district attorney,
the interested sheriff, and the agricultural industry
stakeholders of each participating county, with the purpose of
addressing issues, including, but not limited to, ACT
prevention, problem solving, and theft control techniques.
3)Allow the working group to consult with experts, including,
but not limited to, the Armed Forces of the United States, the
Military Department, the Department of Justice, other law
enforcement entities, and other state and private
organizations in order to maximize the effectiveness of the
working group.
4)Allow the working group to develop ACT programs, including a
system for reporting agriculture cargo theft in a timely
manner that enables the swift recovery of stolen goods and the
apprehension of those responsible for the thefts.
5)Allow the working group to develop a uniform procedure for all
participating counties to collect, and each participating
county may collect, data on ACT in order to evaluate the
results of the working group's activities pursuant to this
title.
EXISTING LAW:
1)Creates the Motor Carriers Safety Improvement Fund to cover
the costs for CHP to deter commercial motor vehicle cargo, as
specified.
2)Creates the Cargo Theft Interdiction Program to combat the
ever increasing cargo theft problem.
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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 Joint Powers Authority for the
purpose of two or more public agencies, by agreement, to
jointly exercise any power common to the contracting parties.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: California has seen an increase in incidents of ACT
in recent years. According to CargoNet, California experienced
158 cargo theft incidents in 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
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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 working group
on cargo theft will help lower the number of thefts.
To address this issue, this bill will create the working group
coordinated by CHP and consisting of volunteer members from
specified public and private organizations. The working group
is modeled after the Rural Crime Prevention Task Force.
This bill was amended in the Senate and deleted the Assembly
version of this bill. This bill, as amended in the Senate, is
substantially similar to the Assembly approved version of this
bill and is consistent with the aims of the Assembly actions and
provision of the bill.
Analysis Prepared by:
Victor Francovich / AGRI. / (916) 319-2084 FN:
0003860