Bill Text: CA AB2313 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Metal theft and related recycling crimes.

Sponsorship: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2014-08-26 - Ordered to inactive file at the request of Senator Anderson. [AB2313 Detail]

Download: California-2013-AB2313-Amended.html

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BILL NUMBER: AB 2313	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Members Nestande and Olsen
   (Coauthor: Assembly Member Gray)

                        FEBRUARY 21, 2014

   An act to  amend Section 17500 of the Business and
Professions Code, relating to business.   add Title 11.8
(commencing with Section 14190.15) to Part 4 of the Penal Code,
relating to metal theft, and making an appropriation therefor. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2313, as amended, Nestande.  False advertising.
  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 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 crimes.
The bill would establish the Metal Theft Task Force Fund, to be
administered by the department, and would continuously appropriate
all moneys in that fund to the department for the purposes of the
program. The bill would impose a fee, to be deposited into the fund,
of up to 1% of the purchase price for each junk sale on the seller of
junk for the purpose of regulating that seller, thereby making an
appropriation.  
   The bill would require agencies receiving funding from the program
to submit an annual report, as specified, and would require the
department to use the information in those reports to review the
program and report to the Governor and the Legislature. The bill
would specify that the program would not be implemented until the
Department of Finance determines that sufficient moneys have been
deposited in the fund to implement the program.  
   This bill would also state findings and declarations of the
Legislature relative to metal theft and the intent of the Legislature
to provide local law enforcement with the tools to interdict metal
theft and related metal recycling crimes.  
   Existing law makes it a crime for a person, corporation or
association, or any employee of a corporation or association, to
engage in advertising practices conducted by specified means of
dissemination or publication, where a statement is made or
disseminated that is untrue or misleading, and which by the exercise
of reasonable care should be known to be untrue or misleading.
 
   This bill would make technical, nonsubstantive changes to these
provisions. 
   Vote: majority. Appropriation:  no   yes
 . Fiscal committee:  no   yes  .
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    (a) The Legislature finds and declares
both of the following:  
   (1) The theft of metal is a serious problem in California. Losses
due to metal theft are not limited to the value of the metal taken,
but frequently include the cost of repairing or replacing the
infrastructure, component, or item from which the metal was removed,
which greatly exceeds the value of the metal itself.  
   (2) The United States Department of Energy estimates that metal
theft costs United States businesses approximately one billion
dollars ($1,000,000,000) annually.  
   (b) It is the intent of the Legislature in enacting this act to
provide local law enforcement and district attorneys with the tools
necessary to successfully interdict the commission of metal theft and
related metal recycling crimes. 
   SEC. 2.    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 terms
have the following meanings:
   (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) "Program" means the Metal Theft Task Force Program.
   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 from the
federal government, industry, and private sources, and from fees
collected pursuant to Section 14190.45. 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
local law enforcement and district attorneys are equipped with the
necessary personnel and tools to successfully combat metal theft and
related recycling crimes, which include, but are not limited to, all
of the following offenses:
   (1) The theft of metals, including, but not limited to, nonferrous
metals.
   (2) The purchase and recycling of stolen metals, including, but
not limited to, recycled metal beverage containers, by recyclers.
   (3) The transportation of stolen metals from this state to another
state.
   (4) The transportation of stolen metals from another state to this
state.
   14190.25.  (a) The department shall establish 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.
   (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
metal theft and related recycling 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 metal theft and
related recycling crimes.
   (d) Moneys distributed under this program shall be expended for
the exclusive purpose of deterring, investigating, and prosecuting
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.
   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 agencies that are regional task
forces outside of the 13 counties funded under the rural crime
prevention programs authorized pursuant to Sections 14170 and 14180.
   (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.
   14190.35.  (a) Each agency that has been 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 complaints, investigations, arrests, and
convictions for metal theft and related recycling crimes that
resulted from expenditure of the funds.
   14190.40.  (a) The department shall 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 filed.
   (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) 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 expenses, purchase of supplies, and other expenditures.
   (C) Any other relevant information requested.
   14190.45.  A fee of up to 1 percent of purchase price for each
junk sale, as defined in Section 21600 of the Business and
Professions Code, shall be assessed on the seller of junk for the
purpose of regulating that seller. The fee assessed pursuant to this
section shall be collected by junk dealers, as defined in Section
21601 of the Business and Professions Code, and recyclers, as defined
in Section 21605 of the Business and Professions Code, at the time
each sale is conducted, and shall be submitted to the Controller for
deposit into the fund.
   14190.50.  (a) The program established pursuant to this title
shall not be implemented until the Department of Finance 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.
   14190.55.  The department may adopt regulations as needed to
administer this title.  
  SECTION 1.    Section 17500 of the Business and
Professions Code is amended to read:
   17500.  It is unlawful for a person, firm, corporation or
association, or an employee thereof with intent directly or
indirectly to dispose of real or personal property or to perform
services, professional or otherwise, or anything of any nature
whatsoever or to induce the public to enter into an obligation
relating thereto, to make or disseminate or cause to be made or
disseminated before the public in this state, or to make or
disseminate or cause to be made or disseminated from this state
before the public in any state, in a newspaper or other publication,
or an advertising device, or by public outcry or proclamation, or in
any other manner or means, including over the Internet, a statement,
concerning that real or personal property or those services,
professional or otherwise, or concerning any circumstance or matter
of fact connected with the proposed performance or disposition
thereof, that is untrue or misleading, and that is known, or should
be known, by the exercise of reasonable care, to be untrue or
misleading, or for any person, firm, or corporation to so make or
disseminate or cause to be so made or disseminated any such statement
as part of a plan or scheme with the intent not to sell that
personal property or those services, professional or otherwise, so
advertised at the price stated therein, or as so advertised. Any
violation of the provisions of this section is a misdemeanor
punishable by imprisonment in the county jail not exceeding six
months, or by a fine not exceeding two thousand five hundred dollars
($2,500), or by both that imprisonment and fine.