BILL NUMBER: SB 1045	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 17, 2012
	AMENDED IN SENATE  MARCH 26, 2012

INTRODUCED BY   Senator Emmerson

                        FEBRUARY 6, 2012

   An act to add Section 3336.5 to the Civil Code, relating to metal
theft.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1045, as amended, Emmerson.  Metal theft: damages.
   Existing law governs the business of buying, selling, and dealing
in secondhand and used machinery and all ferrous and nonferrous scrap
metals and alloys, also known as "junk." Existing law further
requires junk dealers and recyclers to keep and maintain a written
record of all sales and purchases made in the course of their
business, including the name and address of each person to whom junk
is sold or disposed of.
   This bill would prohibit any junk dealer or recycler from
possessing a  public  fire hydrant, fire department
connection,  as defined, public  manhole cover or
lid or any part of that cover or lid, or  public 
backflow device or connection to that device without a written
certification on the letterhead of the  public 
agency or utility that owns or previously owned the material
certifying that the entity has sold or is offering the material for
sale and that the person possessing and identified in the certificate
is authorized to negotiate the sale of the material. The bill would
make junk dealers and recyclers civilly liable for  actual
damages and also for exemplary  damages of 3 times the agency's
or utility's actual damages, including the value of the material,
repair and replacement costs, and labor costs. Under the bill, the
agency or utility could also recover court costs and attorney's fees.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature hereby finds and declares all of the
following:
   (a) Theft of fire hydrants, manhole covers, and backflow devices
has significantly increased in recent years and represents very
substantial, and growing, health and safety issues.
   (b) Local utilities, public agencies, and private entities have
gone to great lengths to protect their customers, residents, and
properties from the damage that can result from that theft.
   (c) The Legislature believes that any junk dealer or recycler who
is willing to obtain this material from a person who does not have a
written certification letter should, in the event that this act is
adopted, be liable to the owner of the material for three times the
actual damages, including the cost of replacement, labor costs, and
repair costs of any damage that occurs during the theft, plus court
costs and reasonable attorney's fees.
  SEC. 2.  Section 3336.5 is added to the Civil Code, to read:
   3336.5.  (a) (1) Any junk dealer or recycler who possesses a
 public  fire hydrant, fire department connection,
including, but not limited to, brass fittings and parts, 
public  manhole cover or lid or part of that cover or lid,
or  public  backflow device or connection to that
device or part of that device without a written certification from
the  public  agency or utility owning or previously
owning the material shall be liable to the agency or utility for the
wrongful possession of that material.
   (2) A written certification under this subdivision shall be on the
 agency   agency's  or utility's
letterhead and shall certify both that the agency or utility has sold
the material described or is offering the material for sale,
salvage, or recycling, and that the person possessing the
certification or identified in the certification is authorized to
negotiate the sale of that material. 
   (b) The measure of damages for wrongful possession as described in
subdivision (a) shall be three times the agency's or utility's
actual damages, including the value of the material wrongfully
possessed, the cost of replacing the material, labor costs, and the
cost of repairing any damage caused by the removal of the material.
The agency or utility shall also be entitled to recover court costs
and reasonable attorney's fees.  
   (b) A junk dealer or recycler in violation of this section shall
be liable to the agency or utility owning or previously owning the
prohibited material as described in subdivision (a) for the actual
damages incurred by the agency or utility, including the value of the
material, the cost of replacing the material, labor costs, and the
costs of repairing any damage caused by the removal of the material.
The court shall also award exemplary damages of three times the
actual damages incurred by the agency or utility. The agency or
utility shall also be entitled to recover court costs and reasonable
attorney's fees.