BILL ANALYSIS �
SB 1387
Page 1
Date of Hearing: June 19, 2012
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
SB 1387 (Emmerson) - As Amended: April 19, 2012
SENATE VOTE : 37-0
SUBJECT : Metal Theft.
SUMMARY : Prohibits a junk dealer or recycler from possessing
fire hydrants, manhole covers or backflow devices unless
specified provisions are met and results in a criminal fine for
failure to comply. Specifically, this bill :
1)Prohibits a junk dealer or recycler from possessing a fire
hydrant or fire department connection, including but not
limited to brass fittings and parts, a manhole cover or lid,
or backflow device or connection to that device unless
specified conditions are met.
2)Requires written certification on letterhead of the agency or
utility that owns or previously owned the material described
in the certification, that the agency has sold the material or
is offering the material for sale, salvage, or, recycling; and
that the person identified in the certification is authorized
to negotiate the sale of that material.
3)Provides a fine up to $3000, for any person engaged in the
salvage, recycling, purchase, or sale of scrap metal who
possess any of the following items that have been obtained
illegally:
a) A fire hydrant or any part of that hydrant;
b) Any fire department connection, including, but not
limited to bronze or brass fittings and parts;
c) Manhole covers or lids or any part of those covers and
lids; or,
d) Backflow devices and connections or any part of those
devices.
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4)Adds finding and declarations.
EXISTING LAW
1)Defines "junk" as secondhand and used machinery and all
ferrous and nonferrous scrap metals and alloys including any
and all secondhand and used furniture, pallets, or other
personal property, other than livestock.
2)Defines a "junk dealer" as anyone engaged in the business of
buying, selling and dealing in junk; any person purchasing,
gathering, collecting or soliciting or procuring junk; or, any
person operating, carrying on, conducting or maintaining a
junk yard.
3)Requires every junk dealer and every recycler to keep a
written record of all sales and purchases made in the course
of his or her business. The written record shall include:
a) The place and date of each sale or purchase of junk made
in the conduct of his or her business;
b) The name, valid driver's license number and state of
issue or California issued identification card number , and
vehicle license number including the state of issue of any
motor vehicle used in transporting the junk to the junk
dealer's or recycler's place of business;
c) The name and address of each person to whom junk is sold
or disposed of, and the license number of any motor vehicle
used in transporting the junk from the junk dealer's or
recycler's place of business;
d) A description of the item or items of junk purchased or
sold, including the item type and quantity, and
identification number, if visible; and,
e) A statement indicating either that the seller of the
junk is the owner of it, or the name of the person he or
she obtained the junk from, as shown on a signed transfer
document.
4)Requires junk dealers and recyclers to allow for periodic
inspection of any premise maintained and any junk to determine
compliance with record keeping requirements and requires junk
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dealers and recyclers to produce his or her records of sales
and purchase for inspection by any of the following.
a) An officer holding a warrant;
b) A person appointed by the sheriff of a county or
appointed by the head of the police department of a city;
and,
c) An officer holding a court order directing them to
examine the records or property.
5)Provides that a junk dealer or recycler who fails to keep the
written record required is guilty of a misdemeanor.
6)Prohibits junk dealers and recyclers from providing payments
for nonferrous materials unless specified conditions are met.
7)Provides, in the penal code, for any person who buys or
receives, for purposes of salvage, any part of a fire hydrant
or fire department connection that has been stolen or obtained
in any illegal manner shall, in addition to any other penalty
provided by law, be subject to a criminal fine of not more
than $3,000.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author, "Metal theft is
on the rise as the price of metal continues to climb. The theft
of metals has devastated both public and private property and
has harmed critical public infrastructure, making it difficult
to deliver essential utilities to customers. Moreover, the
theft of certain metal devices can seriously threaten public
health and safety. For instance, individuals have been severely
injured falling down uncovered manholes and vehicles have
incurred damage driving over manholes where the covers have been
stolen. In addition, stolen backflow devices leave potable
water sources vulnerable to cross-contamination while stolen
fire hydrants render properties defenseless to fire."
Background . Metal theft has become increasingly popular within
the last decade and the theft of fire hydrants, copper, manhole
covers, and backflow devices in particular are on the rise and
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represent a significant health and safety concern to the public.
The sponsor cities several incidents where individuals have
suffered injuries because of missing manhole covers, leaving
local entities open to the possibility of legal action.
According to a report published in 2010 by the Office of
Electricity Delivery and Energy Reliability, reports of copper
theft have been most prevalent in California and Florida, but
have also been significant in Ohio, Alabama, Pennsylvania,
Michigan, New York, Texas, and Tennessee. Several factors appear
to contribute to rates of copper theft. At the time of the
report, California was the State with the highest total of
copper thefts reported.
According to a January 8, 2012 Sacramento Bee article, over a
New Year's weekend in 2011, 50 manhole covers were stolen from
the streets of Sacramento with a replacement cost estimated at
$165 per cover. And more recently, according to
scraptheftalert.com, Contra Costa Water District recently had
five backflow devices stolen, for a loss valued at approximately
$4500.
In 2011, Eastern Municipal Water District, Western Municipal
Water District, and Elsinore Valley Municipal Water District
began offering a $500 reward to anyone who provides information
that leads to the arrest and conviction of individuals for
vandalism or theft of fire hydrants and other metal facilities.
Support . The sponsor of this bill, Eastern Municipal Water
District writes in support, "this bill is a critical measure
necessary to respond to the epidemic of metal theft occurring
throughout the state. This bill would establish criminal fines
and penalties for unlawful possession of fire hydrants, manhole
covers and backflow devices. Individuals have been severely
injured falling down manholes where the cover was stolen.
Automobiles and bicycles have been damaged driving over open
manholes. Stolen backflow devices leave potable water sources
vulnerable to cross-contamination and furthermore, stolen fire
hydrants render properties defenseless to fire."
The Association of California Water Agencies writes in support,
"Metal theft has quickly become a severe drain on many water
districts budgets. Many criminals may steal material that only
garners a small amount of money but the damage that the theft
creates costs our public agencies thousands of dollars to
repair."
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Related Legislation . AB 1508 (Carter) of 2012, revises the
exemption on the sale of nonferrous materials with a value under
$20 from certain payment restrictions by requiring the majority
of the transaction be for the redemption of beverage containers
and prohibiting the redemption of materials made of copper or
copper alloys, as specified. This measure is currently awaiting
a hearing in the Senate Business, Professions, and Economic
Development Committee.
Previous Legislation . AB 316 (Carter) Chapter 317, Statutes of
2011, created a separate section for grand theft of copper
materials and added a fine of up to $2,500 on to the existing
penalties.
AB 1859 (Adams) Chapter 659, Statutes of 2008, established that
any person who buys or receives, for purposes of salvage, any
part of a fire hydrant or fire department connection that has
been stolen, knowing the property to be so stolen, to be subject
to a criminal fine of not more than $3000.
AB 844 (Berryhill) Chapter 731, Statutes of 2008, required junk
dealers and recyclers to comply with recordkeeping requirements
and new payment restrictions when purchasing nonferrous
materials.
SB 691 (Calderon) Chapter 730, Statutes of 2008, required junk
dealers and recyclers to comply with additional recordkeeping
requirements and new payment restrictions when purchasing
nonferrous materials (i.e., copper, copper alloys, stainless
steel, and aluminum, excluding beverage containers).
REGISTERED SUPPORT / OPPOSITION :
Support
Eastern Municipal Water District (sponsor)
Association of California Water Agencies
AT&T
California Association of Sanitation Agencies
California Chamber of Commerce
California Municipal Utilities Association
California Professional Firefighters
California Special Districts Association
California State Association of Counties
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California State Sheriffs' Association
City of Hemet
City of Roseville
Contra Costa Water District
Cucamonga Valley Water District
Desert Water Agency
East Bay Municipal Utility District
East Valley Water District
El Dorado Irrigation District
Friant Water Authority
Inland Empire Utilities Agency
Irvine Ranch Water District
Mesa Consolidated Water District
Metropolitan Water District of Southern California
Metropolitan Water District of Southern California
Municipal Water District of Orange County
Newhall County Water District
Orchard Dale Water District
Rowland Water District
San Bernardino Valley Municipal Water District
San Diego County Board of Supervisors
San Diego County Water Authority
Southwest California Legislative Council
Opposition
None on File.
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301