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

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Amended  IN  Senate  August 04, 2014
Amended  IN  Senate  July 02, 2014
Amended  IN  Senate  June 16, 2014
Amended  IN  Senate  June 10, 2014
Amended  IN  Assembly  April 21, 2014
Amended  IN  Assembly  March 28, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 2313

Introduced by Assembly Members Nestande and Olsen
(Coauthor: Assembly Member Gray)

February 21, 2014

An act to amend Sections 12704 and 12709 of the Business and Professions Code, and to add and repeal Title 11.8 (commencing with Section 14190.15) of Part 4 of the Penal Code, relating to metal theft, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 2313, as amended, Nestande. Metal theft and related recycling crimes.
Existing law provides that any person who feloniously steals, takes, or carries away the personal property of another, or who fraudulently appropriates property that has been entrusted to him or her, is guilty of theft. Existing law also provides that a person who, being a dealer in or collector of junk, metals, or secondhand materials, buys or receives any wire, cable, copper, lead, solder, mercury, iron, or brass that 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, or city and county without using due diligence to ascertain that the person selling or delivering the same has a legal right to do so, is guilty of criminally receiving that property.
Existing law establishes the Department of Justice, which is headed by the Attorney General and tasked with, among other things, representing California in criminal cases.
This bill, until December 31, January 1, 2020, would require the Department of Justice to establish a Metal Theft Task Force Program to provide grants to applicant agencies for the purpose of providing local law enforcement and district attorneys with the tools necessary to successfully interdict the commission of metal theft and related metal recycling and 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, and would authorize the department to enter into partnerships, as defined, with local law enforcement agencies, regional task forces, and district attorneys for the purpose of achieving the goals of the program. The bill would authorize the department to enter into an agreement with any state agency for the purpose of administering the program. The bill would establish the Metal Theft Task Force Fund, to be administered by the Department of Justice, and would continuously appropriate all moneys in that fund to the department for the purposes of the program, thereby making an appropriation. The bill would require a weighmaster who is a junk dealer or recycler, as defined, to pay an additional license fee, to be determined by the department and to be deposited into the fund, in an amount that does not exceed the reasonable costs associated with regulating the weighmaster. The bill would prohibit the proceeds of this fee from exceeding an aggregate total of $2,000,000 per year.
The bill would require agencies receiving funding from the program to submit an annual report, as specified, and would authorize the Department of Justice to use the information in those reports to review the program and report to the Governor and the Legislature. The bill would require the Department of Justice to submit a comprehensive report to the Legislature, no later than December 31, 2019, 2018, 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 bill would specify that the program would not be implemented until the Department of Justice determines that sufficient moneys have been deposited in the fund to implement the program.
Existing law requires, until January 1, 2019, a weighmaster who is a junk dealer or recycler to pay an additional annual fee of $500 to the Department of Food and Agriculture for each location at which the weighmaster operates, as specified, for the administration and enforcement of specified provisions.
The bill would extend the operation of the above provisions until January 1, 2020, and would additionally require a weighmaster who is a junk dealer or recycler, as defined, to pay a specified additional license fee to be deposited into the Metal Theft Task Force Fund and to be expended by the Department of Justice for the purpose of administering the Metal Theft Task Force Program. The bill would prohibit the proceeds of this fee from exceeding an aggregate total of $2,000,000 per year.
Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

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


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 a license fee, to be determined by the Department of Justice, in an amount not to exceed the reasonable costs associated with regulating the weighmaster. the following license fee: The
(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.
(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.
(e) “Location” means a premise on which weighing, measuring, or counting devices are used.
(f) This section shall remain in effect only until January 1, 2019, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, 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, 2019. 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 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.
(d) This section shall remain in effect only until January 1, 2019, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, 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.
(b) This section shall become operative on January 1, 2019. 2020.

SEC. 3.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 department. 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 with the department. in the State Treasury, or in a state depository bank approved by the Treasurer.
(b) The fund shall consist of moneys deposited into it from 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. The department may enter into agreements with other state agencies to administer grants to applicant agencies from the fund.
(d) Moneys distributed from the fund pursuant to the program established pursuant to Section 14190.25 are intended to ensure that the department and local law enforcement and district attorneys are is equipped with the necessary personnel and tools to successfully combat metal theft and related recycling crimes 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. 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, including, but not limited to, recycled metal beverage containers, 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. Administration of the overall program and the evaluation and monitoring of all grants made pursuant to this title shall be performed by the department. The
(2) The department may enter into an agreement with any state agency for the purpose of administering the program and the evaluation and monitoring of all grants made pursuant to this title. program.

(b)Moneys appropriated to the department for the program shall be expended for programs that enhance the capacity of local law enforcement and prosecutors to deter, investigate, and prosecute illegal recycling operations, and metal theft and related recycling crimes. The department may expend funds to serve as the lead law enforcement agency in the investigation of metal theft crimes.

(c)After deduction of the department’s actual and necessary administrative costs, the moneys in the fund shall be expended for programs to enhance the capacity of local law enforcement and prosecutors to deter, investigate, and prosecute illegal recycling operations, and metal theft and related recycling crimes. The department may expend funds to serve as the lead law enforcement agency in the investigation of metal theft crimes.

(d)Moneys distributed under this program shall be expended for the exclusive purpose of deterring, investigating, and prosecuting illegal recycling operations and metal theft and related recycling crimes. Agencies that receive moneys pursuant to the program may consult with experts from the United States military, the California Military Department, law enforcement entities, and various other state and private organizations, including pertinent trade associations, as necessary to maximize the effectiveness of this 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.

(a)The department shall develop administrative procedures for the selection of agencies to receive a grant under this program, which shall include, at a minimum, the following requirements:

(1)That each agency seeking a grant submit a written application to the department setting forth in detail the proposed use of the grant funds.

(2)That, if an applicant agency is a regional task force, the task force shall be identified by a name that is appropriate to the area that it serves and, in order to qualify for a grant, shall be comprised of local law enforcement and prosecutors from at least two counties.

(3)That priority be given to applicant agencies in areas with high rates of reported metal thefts.

(b)The department shall develop specific guidelines for the selection of agencies to receive a grant under this program. The guidelines shall include, at a minimum, all of the following selection criteria, which shall be considered by the department in awarding grants:

(1)The number of metal theft or related recycling crime cases filed in the immediately preceding year.

(2)The number of metal theft or related recycling crime cases investigated in the immediately preceding year.

(3)The number of victims involved in the cases filed.

(4)The total aggregate monetary loss suffered by the victims, including damage caused by the theft.

(5)Local moneys available to assist the agencies.

(6)The number of licensed recycling facilities in the area.

(7)The estimated number of illegal recycling operations in the area.

(c)The department may enter into an agreement with any state agency for the purpose of developing administrative procedures and specific guidelines for the selection of agencies to receive a grant under this program.

14190.35.

(a)Each agency awarded a grant under the program during the previous funding cycle shall, upon reapplication for funds to the department in each successive year and in addition to any other information required by this title, submit a detailed accounting of moneys received and expended in the immediately preceding year.

(b)The accounting shall include all of the following information:

(1)The amount of moneys received and expended.

(2)The use to which those moneys were put, including payment of salaries and expenses, purchase of equipment and supplies, and other expenditures by type.

(3)The number of filed crime reports, investigations, arrests, and convictions for metal theft and related recycling crimes that resulted from expenditure of the funds.

14190.40.

(a)The department may regularly review the effectiveness of the program in deterring, investigating, and prosecuting metal theft and related recycling crimes and shall, notwithstanding Section 10231.5 of the Government Code, submit a report to the Legislature and Governor that is based on reports submitted to the department pursuant to subdivision (b).

(b)Agencies receiving funding from the program shall submit an annual report to the department that details all of the following:

(1)The number of metal theft and recycling crime cases filed in the immediately preceding year.

(2)The number of metal theft and recycling crime cases investigated in the immediately preceding year.

(3)The number of victims involved in the cases reported.

(4)The number of convictions obtained in the immediately preceding year.

(5)The total aggregate monetary loss suffered by the victims, including damage caused by the theft.

(6)The number of illegal recycling operations or illegal junk dealers, or both, shut down.

(7)An accounting of moneys received and expended in the immediately preceding year, which shall include all of the following:

(A)The amount of moneys received and expended.

(B)The uses to which those moneys were put, including payment of salaries and benefits, operating expenses, equipment purchases, and allowable expenditures.

(C)Any other relevant information requested.

(c)By no

14190.30.
 No later than December 31, 2019, 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 be based on each annual report submitted to the department pursuant to subdivision (b). 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.

14190.45. 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.

14190.50. 14190.40.
 The department may adopt regulations as needed to administer this title.

14190.55. 14190.45.
 This title shall remain in effect only until December 31, January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, January 1, 2020, deletes or extends that date.