BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2805


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          GOVERNOR'S VETO


          AB  
          2805 (Olsen)


          As Enrolled  September 1, 2016


          2/3 vote


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          |ASSEMBLY:  |      |(April 28,     |SENATE: |39-0  |(August 17,      |
          |           |      |2016)          |        |      |2016)            |
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               (Vote not relevant)


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          |ASSEMBLY:  | 80-0 |(August 23, 2016)                                |
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          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  








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          organizations, as specified.  Requires the working group to  
          address issues of agricultural cargo theft (ACT), problem  
          solving, and cargo theft control techniques, as specified.   
          Specifically this bill:


          1)Makes legislative findings and declarations on the need for  
            the working group. 


          2)Requires the working group to be coordinated by the 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)Allows 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)Allows the working group to develop ACT programs, including a  
            system for reporting agricultural cargo theft in a timely  
            manner that enables the swift recovery of stolen goods and the  
            apprehension of those responsible for the thefts.


          5)Allows 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.









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          EXISTING LAW:  


          1)Creates the Motor Carriers Safety Improvement Fund to cover  
            the costs for the CHP 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 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  








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          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 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 the 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.


          GOVERNOR'S VETO MESSAGE:


            This bill establishes a working group to combat agricultural  








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            cargo theft. 


            Agricultural cargo theft is a growing problem in California,  
            worthy of prioritization.  The goals of this bill, however,  
            can be accomplished administratively without another law.  I  
            am directing the CHP Commissioner and the Secretary of the  
            State Transportation Agency to examine ways to improve  
            enforcement in this area and carry out the goals of this bill.




          Analysis Prepared by:                                             
                          Victor Francovich / AGRI. / (916) 319-2084  FN:  
          0005056