SB 1387
SENATE RULES COMMITTEE
Office of Senate Floor Analyses
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THIRD READING
Bill No:
Author:
Amended:
Vote:
SB 1387
Emmerson (R), et al.
4/19/12
21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 7-0, 4/9/12
AYES: Price, Emmerson, Correa, Hernandez, Negrete McLeod, Strickland,
Wyland
NO VOTE RECORDED: Corbett, Vargas
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/24/12
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price, Steinberg
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT:
Metal theft
SOURCE:
Eastern Municipal Water District
DIGEST: This bill prohibits junk dealers and recyclers from possessing
fire hydrants, manhole covers or backflow devices without proper
certification, as specified; and provides that possession of stolen fire
hydrants, manhole covers or backflow devices by persons engaged in the
salvage, recycling, purchase or sale of scrap metal, shall be punishable by an
additional fine up to $3000.
ANALYSIS:
Existing law, the Business and Professions Code:
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1. Regulates junk dealers and recyclers and defines “junk” as secondhand
and used machinery and all ferrous (containing iron) and nonferrous
(excludes iron) scrap metals (as defined) and alloys, including any and
all secondhand and used furniture, pallets, or other personal property,
excluding livestock.
2. Requires junk dealers and recyclers to allow for periodic inspection of
their premises or junk, to determine compliance with recordkeeping
requirements, and requires junk dealers and recyclers to produce their
records of sales and purchases and any property purchased, for
inspection by any of the following:
A. An officer holding a search warrant.
B. A person appointed by the county sheriff or head of the police
department.
C. An officer with a court order to inspect the records or property.
3. Prohibits junk dealers and recyclers from providing payment for
nonferrous material, as defined, unless payment is made by cash or
check, and the payment is mailed or provided on the third business day
after the date of sale.
4. Requires junk dealers and recyclers to obtain a thumbprint from a seller,
and to maintain the thumbprint record for two years after the date of
sale.
5. Provides that inspections or seizures of thumbprints shall only be
performed by a peace officer under a criminal search warrant, where
probable cause for the warrant was based on a theft related to the sale for
which the thumbprint was collected.
6. Requires junk dealers and recyclers produce their records for inspection
on demand, however the thumbprint of the seller may only be obtained
by a peace officer with a search warrant.
Existing law, the Penal Code:
1. Provides that a swap meet vendor, as defined, or a person who deals in,
or collects, merchandise or personal property, or their agent, employee,
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or representative, who buys or receives any property of a value greater
than $950, that has been stolen or obtained in any manner under
circumstances that should cause the buyer to inquire about the legal right
to sell the property, and the buyer does not make a reasonable inquiry,
shall be punished by imprisonment in a county jail for not more than one
year, or imprisonment of up to three years.
2. Any person who buys or receives, for purposes of salvage, any part of a
fire hydrant or fire department connection, including, but not limited to,
bronze or brass fittings and parts, that has been stolen or obtained in any
manner constituting theft or extortion, knowing the property to be so
stolen or obtained, shall, in addition to any other penalty provided by
law, be subject to a criminal fine of not more than $3,000.
This bill provides that no junk dealer or recycler shall possess any fire
hydrant, or fire department connection, including, but not limited to, brass
fittings and parts, or manhole cover or lid or part of that cover or lid, or
backflow device or connection to that device or part of that device in the
absence of a written certification on the letterhead of the agency or utility
owning or previously owning the material described in the certification that
the agency has either sold the material described or is offering the material
for sale, salvage, or recycling, and that the person possessing the
certification and identified in the certification is authorized to negotiate the
sale of that material.
Background
Metal theft has become increasingly popular within the last decade and the
theft of fire hydrants, copper, manhole covers, and backflow devices in
particular are on the rise, and represent a significant health and safety
concern to the public. According to an April 2, 2012 Sacramento Bee
article, “The cost of addressing the crime wave has likely surpassed $1
million over the past year. Officials with the city’s Department of
Transportation think they’ll have to spend another $2 million over the next
year repairing streetlights damaged by thieves.” Over a New Year’s
weekend in 2011, 50 manhole covers were stolen from the streets of
Sacramento. Cities, counties, and special districts are taking different
approaches to address metal theft. Los Angeles residents are being asked to
“adopt” their neighborhood manhole covers in an attempt to “police” their
streets. Eastern and Municipal Water Districts have issued $500 rewards for
citizens who turn in thieves. Anaheim Public Utilities has issued a customer
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alert on their website asking residents to take precautions to protect their
backflow devices. The City has further indicated that residents may wish to
increase patrol and install video surveillance devices if they wish to further
protect their devices.
The rise in recycled metal prices has increased the demand for such items.
Scrap metal from fire hydrants are estimated to recycle at $300 per ton; price
fluctuates rapidly according to demand. Metal theft has been well
documented in California. The Los Angeles Times reported an individual
stealing 45 fire hydrants within the Inland Empire. Investigators of the
incident reported, “The theft of metal to sell as scrap, such as copper wiring,
bronze fixtures and iron from construction site, is common, especially
during a prolonged economic slump.”
Metal Theft Costs. The increasing theft of backflow devices, manhole
covers and fire hydrants or any parts of hydrants impact city budgets greatly,
especially during tough economic times. Replacement hydrants can range
between $1,000- $1,500, while accessories can cost up to $25 per hydrant.
Backflow devices have been priced anywhere from $330 to $22,000
depending on the diameter, while cast iron manhole covers have a price tag
of $231.71; not accounting for labor. Cities and counties have to repair and
replace these items immediately due to public safety concerns. The sponsor
of this bill, cities several incidents where individuals have suffered injuries
because of missing manhole covers, leaving local entities open to the
possibility of legal action.
Enforcement Concerns. Dramatic increases in metal theft have sparked
numerous legislative actions over the past decade. However, enforcement of
such provisions has proven not to be as effective due to fiscal constraints in
local law enforcement. Resident Deputy Sheriff Jim Currie of the Solano
County Sheriff’s Office reported that incidents of metal theft seem to be
picking up in Rio Vista. “We’ve got some things in place to help step up our
surveillance, but like other agencies, we’ve cut back on people and patrol
time. Our Sheriff is addressing that right now, but it has been rough with the
budget situation the way it is,” Currie said. The 2011 report from the
National Insurance Crime Bureau identified 25,083 insurance claims
compared with only 13,861 identified from the 2006-2008 report; an 81
percent increase. California was ranked third out of the top five states with
1,348 insurance claims.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
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SUPPORT: (Verified 5/9/12)
Eastern Municipal Water District (source)
Association of California Water Agencies
California Association of Sanitation Agencies
California Chamber of Commerce
California District Attorneys Association
California Municipal Utilities Association
California Professional Firefighters
California Special Districts Association
California State Sheriffs’ Association
City of Canyon Lake
City of Cathedral City
City of San Jacinto
City of Thousand Oaks
Contra Costa Water District
Cucamonga Valley Water District
East Bay Municipal Utility District
El Dorado Irrigation District
Elsinore Valley Municipal Water District
Lake Hemet Municipal Water District
League of California Cities
Mesa Consolidated Water District
Municipal Water District of Orange County
Rancho California Water District
San Bernardino County Sheriff’s Office
San Bernardino Valley Municipal Water District
San Diego County Water Authority
The Metropolitan Water District of Southern California
Three Valleys Municipal Water District
Walnut Valley Water District
Western Municipal Water District
Western Riverside Council of Governments
ARGUMENTS IN SUPPORT: According to the author’s office, metal
theft is on the rise as the price of metal continues to climb. The theft of
metals has devastated both public and private property and has harmed
critical public infrastructure, making it difficult to deliver essential utilities
to customers. Moreover, the theft of certain metal devices can seriously
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threaten public health and safety. For instance, individuals have been
severely injured falling down uncovered manholes and vehicles have
incurred damage driving over manholes where the covers have been stolen.
In addition, stolen backflow devices leave potable water sources vulnerable
to cross-contamination while stolen fire hydrants render properties
defenseless to fire. While several laws have been enacted to curb metal
theft, it is still prevalent throughout California. According to the Eastern
Municipal Water District the sponsor, this bill seeks to address this epidemic
and strengthen current law by eliminating the attractiveness of manhole
covers, backflow devices, and fire hydrants to metal thieves as there would
no longer be a buyer for these stolen items.
JJA:do 5/9/12 Senate Floor Analyses
SUPPORT/OPPOSITION:
SEE ABOVE
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