Today's Law As Amended


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AB-2313 Metal theft and related recycling crimes.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 12704 of the Business and Professions Code, as amended by Section 3 of Chapter 518 of the Statutes of 2013, is amended to read:

12704.
 (a) A weighmaster shall pay to the department the following license fee for each license year as applicable to the operation:
(1) Seventy-five dollars ($75) if the weighmaster is operating at a fixed location.
(2) Thirty dollars ($30) for each additional fixed location at which the weighmaster is operating.
(3) Two hundred dollars ($200) if the weighmaster is operating at other than a fixed location.
(4) Twenty dollars ($20) for each deputy weighmaster.
(b) In addition to the license fees set forth in subdivision (a), a weighmaster who is a recycler or a junk dealer as defined in Section 21601 or is performing services on behalf of a recycler or junk dealer shall also pay to the department the following license fee for each license year as applicable to the operation:
(1) Five hundred dollars ($500) if the weighmaster is operating at a fixed location.
(2) Five hundred dollars ($500) for each additional fixed location at which the weighmaster is operating.
(3) Five hundred dollars ($500) if the weighmaster is operating at other than a fixed location.
(c) In addition to the license fees set forth in subdivisions (a) and (b), a weighmaster who is a recycler or a junk dealer as defined in Section 21601, or who is performing services on behalf of a recycler or junk dealer, shall also pay to the department the following license fee:
(A) One thousand dollars ($1,000) if the weighmaster is operating at a fixed location.
(B) One thousand five hundred dollars ($1,500) if the weighmaster is operating at other than a fixed location.
(1) The proceeds of this fee shall not exceed an aggregate total of two million dollars ($2,000,000) per year.
(b) (d)  “License year” means the period of time beginning with the first day of the month the weighmaster is required to be licensed in this state, and ending on the date designated by the secretary for expiration of the license, or yearly intervals after the first renewal.
(c) (e)  “Location” means a premise on which weighing, measuring, or counting devices are used.
(d) (f)  This section shall become operative on January 1, 2028. remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. 

SEC. 2.

 Section 12704 of the Business and Professions Code, as added by Section 4 of Chapter 518 of the Statutes of 2013, is amended to read:

12704.
 (a) A weighmaster shall pay to the department the following license fee for each license year as applicable to the operation:
(1) Seventy-five dollars ($75) if the weighmaster is operating at a fixed location.
(2) Thirty dollars ($30) for each additional fixed location at which the weighmaster is operating.
(3) Two hundred dollars ($200) if the weighmaster is operating at other than a fixed location.
(4) Twenty dollars ($20) for each deputy weighmaster.
(b) “License year” means the period of time beginning with the first day of the month the weighmaster is required to be licensed in this state, and ending on the date designated by the secretary for expiration of the license, or yearly intervals after the first renewal.
(c) “Location” means a premise on which weighing, measuring, or counting devices are used.
(d) This section shall become operative on January 1, 2028. 2020. 

SEC. 2.SEC. 3.

 Section 12709 of the Business and Professions Code, as amended by Section 5 of Chapter 518 of the Statutes of 2013, is amended to read:

12709.
 (a) All license fees collected pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund to be expended by the department for the administration and enforcement of this chapter, except as provided in subdivision (b). subdivisions (b) and (c). 
(b) License fees collected pursuant to subdivision (b) of Section 12704 shall be deposited in a special account in the Department of Food and Agriculture Fund to be expended by the department for the administration and enforcement of Section 12703.1.
(c) License fees collected pursuant to subdivision (c) of Section 12704 shall be deposited into the Metal Theft Task Force Fund established pursuant to Section 14190.20 of the Penal Code to be expended by the Department of Justice for the administration of the Metal Theft Task Force Program established pursuant to Section 14190.25 of the Penal Code.
(c) (d)  This section shall remain in effect only until January 1, 2028, 2020,  and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2028, 2020,  deletes or extends that date.

SEC. 4.

 Section 12709 of the Business and Professions Code, as added by Section 6 of Chapter 518 of the Statutes of 2013, is amended to read:

12709.
 (a) All license fees collected pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund to be expended by the department for the administration and enforcement of this chapter, except as provided in subdivision (b). chapter. 
(b) License fees collected pursuant to subdivision (b) of Section 12704 shall be deposited in a special account in the Department of Food and Agriculture Fund to be expended by the department for the administration and enforcement of Section 12703.1.
(c) (b)  This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2028, deletes or extends that date. become operative on January 1, 2020. 

SEC. 5.

 Title 11.8 (commencing with Section 14190.15) is added to Part 4 of the Penal Code, to read:

TITLE 11.8. THEFT AND RECYCLING OF METALS

14190.15.
 For the purposes of this title, the following definitions shall apply:
(a) “Agency” means a regional task force, a local law enforcement agency, or a district attorney.
(b) “Department” means the Department of Justice.
(c) “Fund” means the Metal Theft Task Force Fund.
(d) “Junk” has the same meaning as set forth in Section 21600 of the Business and Professions Code.
(e) “Junk dealer” has the same meaning as set forth in Section 21601 of the Business and Professions Code.
(f) “Program” means the Metal Theft Task Force Program.
(g) “Recycler” has the same meaning as set fourth in Section 21605 of the Business and Professions Code.
14190.20.
 (a) The Metal Theft Task Force Fund is hereby established within the State Treasury. Notwithstanding Section 13340 of the Government Code, the fund is hereby continuously appropriated to the department for the purposes set forth in this title. Transfers to the Metal Theft Task Force Fund shall be deposited in the State Treasury, or in a state depository bank approved by the Treasurer.
(b) The fund shall consist of moneys deposited into it received from, or recovered by, the federal government, industry, and private sources, moneys appropriated by the Legislature, and from fees collected pursuant to subdivision (c) of Section 12704 of the Business and Professions Code. General Fund moneys shall not be deposited into the fund nor used to start up, implement, or support the continuing administration of the provisions of this title.
(c) The fund shall be administered by the department.
(d) Moneys distributed from the fund pursuant to the program established pursuant to Section 14190.25 are intended to ensure that the department is equipped with the necessary personnel and tools to successfully combat metal theft and related recycling crimes, with a primary focus of shutting down illegal recycling operations, which include, but are not limited to, all of the following offenses:
(1) Illegal recycling operations, in which a junk dealer or recycler does not possess any of the following:
(A) A current business license.
(B) A stormwater permit, application for a stormwater permit, or a statement indicating that the applicant has either filed an application for a stormwater permit or is not required to obtain a stormwater permit.
(C) A weighmaster’s license issued pursuant to Chapter 7 (commencing with Section 12700) of Division 5 of the Business and Professions Code.
(2) The theft of metals, including, but not limited to, nonferrous metals.
(3) The purchase and recycling of stolen metals by recyclers.
(4) The transportation of stolen metals from junk dealers and recyclers in this state to another state.
(5) The transportation of stolen metals from another state to this state.
(e) (1) After deduction of the department’s actual and necessary administrative costs, moneys in the fund shall be expended for the exclusive purpose of enhancing the capacity of the department to serve as the lead law enforcement agency in deterring, investigating, and prosecuting illegal recycling operations, and metal theft and related recycling crimes.
(2) Moneys in the fund may be expended for the purpose of enabling the department to enter into partnerships with local law enforcement agencies, regional task forces, or district attorneys.
14190.25.
 (a) (1) The department shall establish and administer the Metal Theft Task Force Program.
(2) The department may enter into an agreement with any state agency for the purpose of administering the program.
(b) (1) The program shall be designed to enhance the capacity of the department to serve as the lead law enforcement agency in the investigation and prosecution of illegal recycling operations and metal theft and related recycling crimes.
(2) The department shall consult at least twice per calendar year with pertinent recycling trade associations, including, but not limited to, the Institute of Scrap Recycling Industries, California Chapter and the California Metal Coalition, to determine the best allocation of resources, for purposes of the program, from an industry perspective, in preventing metal theft, with an emphasis on eliminating illegal recycling operations from the state.
(c) The department may enter into partnerships with local law enforcement agencies, regional task forces, or district attorneys. For purposes of this title, “partnership” means a collaborative effort involving financial contributions by the department to achieve the goals of the program established by this title.
14190.30.
 No later than December 31, 2018, the department shall, notwithstanding Section 10231.5 of the Government Code, submit a comprehensive report to the Legislature on the status and progress, since the year 2016, of the program in deterring, investigating, and prosecuting illegal recycling operations, and metal theft and related recycling crimes. The report shall include, but be not limited to, all of the following information:
(a) The number of metal theft and related recycling crime cases filed.
(b) The number of metal theft and related recycling crimes cases investigated.
(c) The number of victims involved in the cases reported.
(d) The number of convictions obtained.
(e) The total aggregate monetary loss suffered by the victims, including damage caused by the theft.
(f) The number of illegal recycling operations or illegal junk dealers or recyclers, or both, shut down.
(g) An accounting of moneys received and expended in each program year, commencing with 2016, which shall include all of the following:
(1) The amount of moneys received and expended by the department.
(2) The use to which those moneys were put, including payment of salaries and benefits, operating expenses, equipment purchases, and allowable expenditures.
(3) Any other relevant information requested.
14190.35.
 (a) The program established pursuant to this title shall not be implemented until the department determines that sufficient moneys have been deposited in the Metal Theft Task Force Fund to implement the provisions of this title.
(b) The department shall only be required to implement the provisions of this title upon the availability of moneys in the fund in an amount sufficient to cover all costs relating to the startup, implementation, and continuing administration of the provisions of this title.
14190.40.
 The department may adopt regulations as needed to administer this title.
14190.45.
 This title shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.