BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2298|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: AB 2298
Author: Ma (D)
Amended: 8/22/12 in Senate
Vote: 21
PRIOR SENATE VOTES NOT RELEVANT
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/16/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
ASSEMBLY FLOOR : Not relevant
SUBJECT : Metal theft: study
SOURCE : California Farm Bureau Federation
DIGEST : This bill requires the Department of Justice to
study the prevalence of metal theft in California and
report their findings to the legislature by January 1,
2014.
ANALYSIS : This bill requires, on or before January 1,
2014, the Department of Justice to study the prevalence of
metal theft in California and make recommendations to the
Legislature in a report addressing the tools and resources
that would be required by local law enforcement and
district attorneys in order to successfully interdict the
commission of metal theft and related metal recycling
crimes.
CONTINUED
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The report also shall include, but not be limited to, an
analysis of the existing activities of rural crime
prevention programs authorized pursuant to Section 14171
and 14181 with regard to metal theft and related metal
recycling crimes, and the extent to which additional
regional task forces could assist in deterring,
investigation, and prosecuting metal theft and related
metal recycling crimes.
The report shall be submitted in compliance with Government
Code Section 9795.
The provisions of this bill sunset on January 1, 2018.
Comments
According to the author:
Metal theft is a serious problem affecting the state.
With the price of a pound of copper increasing from $0.70
in 2001 to $4.00 per pound now, the rate of metal theft
has dramatically increased. Counties and news media have
been reporting a sharp uptick in the incidences of metal
theft as thieves commonly steal metal from sites, such as
construction zones, railroads and telephone poles, and
sell it for a sizeable profit.
California farmers and ranchers, in particular, are
seeing sharp increases in the rate of metal theft.
Thieves strip copper wires and pipes from farm equipment
and orchards. The cost of replacing copper wire on an
irrigation pump ranges from $1,500 to $4,000. When the
irrigation pump is damaged in a theft, the repair costs
can reach tens of thousands of dollars. Yet this cost
only covers repair of the pump, not the cost of potential
crop damage caused by lack of irrigation while the pump
was unusable.
The office has convened a stakeholder meeting that
included law enforcement, recyclers, and utilities, among
others. While there are many laws on the books that seek
to address the rising rates of metal theft, law
enforcement lacks the resources to dedicate time and
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personnel for the investigation and prosecution of metal
theft and other rural crimes.
Originally created in 1996, the Central Valley Rural
Crime Prevention Program (Chapter 327, Statutes 1996).
The program allows Tulare, Fresno, Kern, Kings, Merced,
San Joaquin, Stanislaus and Madera to enter into a
joint-powers agreement to share resources, personnel
hours and information regarding rural crimes, including
metal theft. The Central Coast Rural Crime Prevention
was similarly created and modeled after the Central
Valley program and includes Monterey, San Benito, Santa
Barbara, San Luis Obispo and Santa Cruz counties.
These programs allowed counties the option to establish a
multiagency task force to create and implement strategies
at preventing agricultural crimes. A 2002 LAO report
found that the "program's rate of arrests, prosecutions,
and convictions were higher than the statewide average."
Additionally, "efforts to recover lost equipment have
been successful in recovering nearly half of each dollar
reported lost." The report also noted that the
Legislature should "determine whether to limit the
program to the current eight counties or to make it
available to other counties with agricultural
production."
Prior Legislation to Curb Metal Theft
On May 14, 2012, the Senate approved SB 1387 (Emmerson) by
a vote of 37-0. The bill prohibits junk dealers and
recyclers from possessing any fire hydrant, fire department
connection, manhole cover or backflow device without a
written certification on the letterhead of the agency
previously owning the material, and adds fire hydrants,
manhole covers and backflow devices to the list of items
which, if any person possesses, knowing they were stolen,
would receive an additional fine of up to $3,000. (Penal
Code Section 496e.) The bill is currently on Assembly
Third Reading.
In 2011, the Legislature created a separate offense of
grand theft of copper material. (AB 316 (Carter), Chapter
317, Statutes of 2011)
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In 2009, the Legislature passed the following measures to
address the growing problem of metal theft:
SB 447 (Maldonado), Chapter 732, Statutes of 2009,
assists local law enforcement officials in quickly
investigating stolen metal and apprehending thieves by
requiring scrap metal dealers and recyclers to report
what materials are being scrapped at their facilities and
by whom on a daily basis. These rules already apply to
pawn shop dealers.
SB 691 (Calderon), Chapter 720, Statutes of 2009,
requires junk dealers and recyclers to take thumbprints
of individuals selling copper, copper alloys, aluminum
and stainless steel. Sellers must also show a government
identification (ID) and proof of their current address.
Recyclers who violate the law face suspension or
revocation of their business license and increased fines
and jail time.
AB 844 (Berryhill), Chapter 731, Statutes of 2009,
requires recyclers to hold payment for three days, check
a photo ID and take a thumbprint of anyone selling scrap
metals. AB 844 also requires any person convicted of
metal theft to pay restitution for the materials stolen
and for any collateral damage caused during the theft.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/21/12)
California Farm Bureau Federation (source)
RJG:m 8/22/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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