California 2011-2012 Regular Session Status: Enacted

SB 1387 — Metal theft.

Last action — Chaptered by Secretary of State. Chapter 656, Statutes of 2012.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 24, 2012. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law governs the business of buying, selling, and dealing in secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, also known as "junk." Existing law requires junk dealers and recyclers to keep a written record of all sales and purchases made in the course of their business, including the name and address of each person to whom junk is sold or disposed of, and to preserve the written record for at least 2 years after making the final entry of any purchase or sale of junk. Existing law provides that the failure to keep a written record as required is punishable as a misdemeanor. Existing law prohibits a junk dealer or recycler in this state from providing payment for nonferrous metals unless, in addition to the requirement to create and maintain a written record, specified requirements are met, including that the payment for the material be made by cash or check and that, at the time of sale, the junk dealer or recycler obtains a clear photograph or video of the seller. Existing law requires the junk dealer or recycler to preserve this information for 2 years after the date of sale. Existing law provides that any person who violates specified provisions of existing law relating to secondhand goods is guilty of a misdemeanor. This bill would prohibit any junk dealer or recycler from possessing a reasonably recognizable, disassembled, or inoperative fire hydrant or fire department connection, including, but not limited to, bronze or brass fittings or parts, a manhole cover or lid, or any part of that cover or lid, or a backflow device and connections to that device, that was owned by a public agency, city, county, city and county, special district, or private utility, without a written certification on the letterhead of the entity that owns or previously owned the material that the entity has sold or is offering the material for sale, and that the person possessing the certificate and identified in the certificate is authorized to negotiate the sale of the material. The bill would require a junk dealer or recycler who unknowingly takes possession of prohibited material as part of a load of otherwise nonprohibited materials without written certification to notify the appropriate law enforcement agency, as defined, by the end of the next business day upon discovery of the prohibited material. By imposing this prohibition, the violation of which would be a misdemeanor pursuant to other provisions of existing law, this bill would impose a state-mandated local program. (2) Existing law provides that any person who buys or receives, for purposes of salvage, any part of a fire hydrant or fire department connection, as specified, that has been stolen or obtained in any manner constituting theft or extortion, knowing the property to be stolen or so obtained, is subject to a criminal fine of not more than $3,000. This bill would expand this provision by making that fine applicable to any person who is engaged in the salvage, recycling, purchase, or sale of scrap metal and who, knowing that the item has been stolen or obtained in any manner constituting theft or extortion, possesses a fire hydrant, or any part thereof, a fire department connection, including brass fittings and parts, a manhole cover or lid, or any part of that cover or lid, or a backflow device and connections to that device, or any part of that device, or who fails to report the possession of prohibited materials in accordance with the provisions above. The bill also would state legislative findings and declarations regarding the necessity for its provisions. By creating new crimes, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 656, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11 a.m.

  4. Assembly amendments concurred in. (Ayes 38. Noes 0. Page 5097.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 77. Noes 1. Page 6725.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Page 6020.)

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 16. Noes 1.) (August 8).

  11. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 6. Noes 0.) (July 3). Re-referred to Com. on APPR.

  12. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  13. From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 9. Noes 0.) (June 19). Re-referred to Com. on PUB. S.

  14. Referred to Coms. on B., P. & C.P. and PUB. S.

  15. In Assembly. Read first time. Held at Desk.

  16. Read third time. Passed. (Ayes 37. Noes 0. Page 3487.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

  18. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  19. Set for hearing May 7.

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 3312.) (April 24). Re-referred to Com. on APPR.

  21. Set for hearing April 24.

  22. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  23. Re-referred to Com. on PUB. S.

  24. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  25. Re-referred to Com. on RLS.

  26. Withdrawn from committee.

  27. Read second time and amended. Re-referred to Com. on APPR.

  28. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 3087.) (April 9).

  29. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D.

  30. Set for hearing April 9.

  31. Referred to Coms. on B., P. & E.D. and RLS.

  32. Read first time.

  33. From printer. May be acted upon on or after March 26.

  34. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • Emmerson

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Supp 2 SB1387 Emmerson Concurrence

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 2000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Cannella — Yea
Lowenthal — Yea
Corbett — Yea
De León — Yea
Negrete McLeod — Yea
Evans — Yea
Rubio — Yea
Hancock — Yea
Correa — Yea
Harman — Yea
Runner — Not Voting
Dutton — Yea
Hernandez — Yea
Huff — Yea
Leno — Yea
Vargas — Yea
Walters — Yea
Wright — Yea
Alquist — Yea
Anderson — Yea
Blakeslee — Yea
Kehoe — Yea
Lieu — Yea
Liu — Yea
Pavley — Not Voting
Price — Yea
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Emmerson — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 1387 Emmerson Senate Third Reading By MA

Passed 77 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 74102
Democratic 1000
Republican 2000
Total 77102
% of votes cast 96%1%0%3%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Yea
Halderman — Yea
Garrick — Yea
Hill — Yea
Huber — Yea
Hueso — Yea
John A. Pérez — Yea
Mitchell — Yea
Jeffries — Yea
Atkins — Yea
Butler — Yea
Knight — Yea
Carter — Yea
Portantino — Yea
Chesbro — Yea
Cook — Yea
Miller — Yea
Pan — Yea
Silva — Yea
Valadao — Yea
Yamada — Yea
Campos — Yea
Allen — Yea
Fuentes — Yea
Furutani — Not Voting
Bonilla — Yea
Gatto — Yea
Fong — Yea
Fletcher — Yea
Cedillo — Not Voting
Gorell — Yea
Block — Yea
Conway — Yea
Donnelly — Nay
Hall — Yea
Harkey — Yea
Huffman — Yea
Lara — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Norby — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Nestande — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Wagner — Yea
Wieckowski — Yea
Williams — Yea
Eng — Yea
Feuer — Yea
Davis — Yea
Dickinson — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15100
Democratic 1000
Total 16100
% of votes cast 94%6%0%0%
How each member voted (17)
Member Party Vote
Harkey — Yea
Davis — Yea
Wagner — Yea
Mitchell — Yea
Campos — Yea
Gatto — Yea
Hall — Yea
Donnelly — Nay
Norby — Yea
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Democratic 2000
Republican 0001
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Evans — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Harman — Yea
Runner — Not Voting
Huff — Yea
Kehoe — Yea
Leno — Yea
Cannella — Yea
Lieu — Yea
Anderson — Yea
Blakeslee — Yea
Dutton — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Hernandez — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Vargas — Yea
Wyland — Not Voting
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does SB 1387 do?
(1) Existing law governs the business of buying, selling, and dealing in secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, also known as "junk." Existing law requires junk dealers and recyclers to keep a written record of all sales and purchases made in the course of their business, including the name and address of each person to whom junk is sold or disposed of, and to preserve the written record for at least 2 years after making the final entry of any purchase or sale of junk. Existing law provides that the failure to keep a written record as required is punishable as a misdemeanor. Existing law prohibits a junk dealer or recycler in this state from providing payment for nonferrous metals unless, in addition to the requirement to create and maintain a written record, specified requirements are met, including that the payment for the material be made by cash or check and that, at the time of sale, the junk dealer or recycler obtains a clear photograph or video of the seller. Existing law requires the junk dealer or recycler to preserve this information for 2 years after the date of sale. Existing law provides that any person who violates specified provisions of existing law relating to secondhand goods is guilty of a misdemeanor. This bill would prohibit any junk dealer or recycler from possessing a reasonably recognizable, disassembled, or inoperative fire hydrant or fire department connection, including, but not limited to, bronze or brass fittings or parts, a manhole cover or lid, or any part of that cover or lid, or a backflow device and connections to that device, that was owned by a public agency, city, county, city and county, special district, or private utility, without a written certification on the letterhead of the entity that owns or previously owned the material that the entity has sold or is offering the material for sale, and that the person possessing the certificate and identified in the certificate is authorized to negotiate the sale of the material. The bill would require a junk dealer or recycler who unknowingly takes possession of prohibited material as part of a load of otherwise nonprohibited materials without written certification to notify the appropriate law enforcement agency, as defined, by the end of the next business day upon discovery of the prohibited material. By imposing this prohibition, the violation of which would be a misdemeanor pursuant to other provisions of existing law, this bill would impose a state-mandated local program. (2) Existing law provides that any person who buys or receives, for purposes of salvage, any part of a fire hydrant or fire department connection, as specified, that has been stolen or obtained in any manner constituting theft or extortion, knowing the property to be stolen or so obtained, is subject to a criminal fine of not more than $3,000. This bill would expand this provision by making that fine applicable to any person who is engaged in the salvage, recycling, purchase, or sale of scrap metal and who, knowing that the item has been stolen or obtained in any manner constituting theft or extortion, possesses a fire hydrant, or any part thereof, a fire department connection, including brass fittings and parts, a manhole cover or lid, or any part of that cover or lid, or a backflow device and connections to that device, or any part of that device, or who fails to report the possession of prohibited materials in accordance with the provisions above. The bill also would state legislative findings and declarations regarding the necessity for its provisions. By creating new crimes, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors SB 1387?
SB 1387 is sponsored by Emmerson, Ma, and Bill Berryhill.
What is the current status of SB 1387?
This bill has been enacted into law. Introduced February 24, 2012. Enacted.
Where can I track SB 1387?
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