Amended in Senate August 5, 2014

Amended in Assembly April 10, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2312

Introduced by Assembly Members Nestande and Olsen

(Coauthors: Assembly Members Gray, Linder, and Patterson)

February 21, 2014

An act to amend Section 12703.1 of, and to add Section 21608.7 to, the Business and Professions Code, and to add Article 6 (commencing with Section 11199.5) to Chapter 2 of Title 1 of Part 4 of the Penal Code, relating to metal theft.

LEGISLATIVE COUNSEL’S DIGEST

AB 2312, as amended, Nestande. Metal theft.

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 requires junk dealers and recyclers to keep 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, and to preserve the written record for at least 2 years after making the final entry of any purchase or sale of junk.

Existing law provides that it is a crime for a dealer in or collector of junk, metals, or secondhand materials, or the agent, employee, or representative of that dealer or collector, who buys or receives any wire, cable, copper, lead, solder, mercury, iron, or brass begin delete which end delete begin insert that end insert he or she knows or reasonably should know is ordinarily used by or ordinarily belongs to a railroad or other transportation, telephone, telegraph, gas, water, or electric light company or county, city, city and county, or other political subdivision of this state engaged in furnishing public utility service without using due diligence to ascertain that the person selling or delivering the same has a legal right to do so.

Existing law, until January 1, 2019, requires the Department of Food and Agriculture to require a recycler or junk dealer who is an applicant for a new weighmaster license or a renewal of a weighmaster license to furnish specified additional information on the application.

This bill would require a junk dealer or recycler to request to receive theft alert notifications regarding the theft of commodity metals in the junk dealer’s or recycler’s geographic region from the theft alert system maintained by the Institute of Scrap Recycling Industries, begin delete Inc. end delete begin insert Inc., unless the institute or its successor requires payment for use of the theft alert system. end insert The bill would require the Department of Food and Agriculture, until January 1, 2019, to require a junk dealer or recycler who is an applicant for a new weighmaster license or a renewal of a weighmaster license to also include a statement on the application indicating that the applicant has requested to receive the theft alert begin delete notifications. end delete begin insert notifications, unless the request requirement does not apply. end insert The bill would also encourage local law enforcement agencies to report thefts of commodity metals that have occurred within their jurisdiction to that theft alert system, in order to ensure that persons using the system receive timely and thorough information regarding metal thefts. The bill would prohibit the institute or its successor from begin delete requiring payment for use of the theft alert system by law enforcement agencies or members of the public, and would prohibit the sale of end delete begin insert selling end insert subscribers’ information to 3rd parties. The bill would state findings and declarations by the Legislature regarding the theft alert system.

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

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) The Institute of Scrap Recycling Industries, Inc. (ISRI)
developed begin delete ScrapTheftAlert.com end delete begin insert ScrapTheftAlert.com, end insert which is a
web-based theft alert system that allows law enforcement to alert
recyclers of reported stolen material and allows recyclers to alert
area law enforcement when they have received materials they
believe might have been stolen.

(b) This alert system broadcasts theft alerts to every registered
user within a 100-mile radius of where the theft occurred and can
expand depending on the circumstances.

(c) ISRI has worked closely with law enforcement and has
integrated their suggestions into the system’s latest update to make
its use more user-friendly for law enforcement.

(d) There is no cost to law enforcement or non-ISRI members
to use the system.

(e) Members of ISRI pay for the entire database through their
membership dues.

SEC. 2.  

Section 12703.1 of the Business and Professions Code
is amended to read:

12703.1.  

(a) In addition to any other requirements for issuance
of a license pursuant to this chapter, if the applicant is a recycler
or junk dealer as defined in Section 21601, the department shall
require the applicant to furnish all of the following information
accurately on any application for a new license or the renewal of
a license issued pursuant to this chapter:

(1) A copy of the applicant’s current business license.

(2) A statement indicating that the applicant has either filed an
application for a stormwater permit or is not required to obtain a
stormwater permit.

(3) A statement indicating that the applicant has the equipment
necessary to comply with the photographic and thumbprinting
requirements for the purchase and sale of nonferrous materials
pursuant to Section 21608.5 or a statement indicating that the
applicant will not be purchasing or selling nonferrous materials
and is not required to comply with Section 21608.5.

(4) A statement indicating that the applicant has requested to
receive theft alert notifications pursuant to begin insert subdivision (a) of end insert
Section begin delete 21608.7. end delete begin insert 21608.7, unless that requirement does not apply
pursuant to subdivision (b) of that section. end insert

(5) The name or names of any deputy weighmasters.

(b) The department shall issue a license to a junk dealer or
recycler upon receipt of an application for a new license or renewal
of a license that contains the information required by subdivision
(a) and that is accompanied by the appropriate fee.

(c) (1) On or before December 31, 2014, upon issuance of a
license to a junk dealer or recycler, or renewal of such a license,
the department shall make a thorough investigation of all of the
information contained in the application within 90 days. If the
license is issued or renewed on or after January 1, 2015, the
department shall make a thorough investigation of all the
information contained in the application within 90 days for a new
license, and within one calendar year for a renewal of a license.

(2) Notwithstanding Section 12708, if the department determines
that the information submitted pursuant to subdivision (a) is
materially inaccurate, the department shall revoke the license issued
to a junk dealer or recycler unless the junk dealer or recycler
complies with the requirements of subdivision (a) within 14 days
of notice from the department of a proposed revocation pursuant
to this subdivision.

(3) A junk dealer or recycler whose license has been revoked
pursuant to this subdivision is entitled to a hearing conducted
pursuant to Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code.

(d) The secretary may enter into a cooperative agreement with
any county sealer to carry out the provisions of this section.

(e) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

SEC. 3.  

Section 21608.7 is added to the Business and
Professions Code, to read:

21608.7.  

begin insert (a) end insert begin insert   end insert A junk dealer or recycler shall request to receive
theft alert notifications regarding the theft of commodity metals,
including, but not limited to, ferrous metal, copper, brass,
aluminum, nickel, stainless steel, and alloys, in the junk dealer’s
or recycler’s geographic region from the theft alert system
maintained by the Institute of Scrap Recycling Industries, Inc., or
its successor.

begin insert

(b) The requirement in subdivision (a) does not apply if the
institute or its successor requires payment for use of the theft alert
system.

end insert

SEC. 4.  

Article 6 (commencing with Section 11199.5) is added
to Chapter 2 of Title 1 of Part 4 of the Penal Code, to read:

 

Article 6.  Reports of Metal Theft

 

11199.5.  

Local law enforcement agencies are encouraged to
report thefts of commodity metals, including, but not limited to,
ferrous metal, copper, brass, aluminum, nickel, stainless steel, and
alloys, that have occurred within their jurisdiction to the theft alert
system maintained by the Institute of Scrap Recycling Industries,
Inc., or its successor, in order to ensure that persons using that
system receive timely and thorough information regarding metal
thefts. The institute or its successor begin delete shall not require payment for
the use of the theft alert system by law enforcement agencies or
members of the public, and end delete shall not sell subscribers’ information
received pursuant to this section to third parties.