Today's Law As Amended


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AB-2312 Metal theft.(2013-2014)



As Amends the Law Today
As Amends the Law on Nov 21, 2014


SECTION 1.
 The Legislature finds and declares all of the following:
(a) The Institute of Scrap Recycling Industries, Inc. (ISRI) developed ScrapTheftAlert.com, 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 subdivision (a) of Section 21608.7, unless that requirement does not apply pursuant to subdivision (b) of that section.
(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) The  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 required by subdivision (a) within 90  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 not apply to a pawnbroker licensed pursuant to Chapter 3 (commencing with Section 21300) of Division 8 of the Financial Code and a secondhand dealer licensed pursuant to Article 4 (commencing with Section 21625) of Chapter 9 of Division 8.
(f) (e)  This section shall remain in effect only until January 1, 2024, 2019,  and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, 2019,  deletes or extends that date.

SEC. 3.

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

21608.7.
 (a) 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.
(b) The requirement in subdivision (a) does not apply if the institute or its successor requires payment for use of the theft alert system.

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 shall not sell subscribers’ information received pursuant to this section to third parties.