California 2013-2014 Regular Session Status: Passed Assembly

AB 2313 — Metal theft and related recycling crimes.

Last action — Died on inactive file.

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

This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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 January 1, 2020, would require the Department of Justice to establish a Metal Theft Task Force Program 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 the Department of Justice to submit a comprehensive report to the Legislature, no later than December 31, 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.

Bill Text

Action History

  1. Died on inactive file.

  2. Ordered to inactive file at the request of Senator Anderson.

  3. Read second time. Ordered to third reading.

  4. From committee: Do pass. (Ayes 5. Noes 0.) (August 14).

  5. In committee: Placed on APPR. suspense file.

  6. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

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

  8. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 24).

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

  10. Withdrawn from committee.

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on G.O.

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on G.O.

  13. In committee: Hearing postponed by committee.

  14. Referred to Coms. on G.O. and PUB. S.

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time. Passed. Ordered to the Senate. (Ayes 66. Noes 3. Page 5187.)

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 15. Noes 0.) (May 23).

  19. In committee: Set, first hearing. Referred to APPR. suspense file.

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 22). Re-referred to Com. on APPR.

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

  22. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

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

  24. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  25. Referred to Com. on PUB. S.

  26. Read first time.

  27. From printer. May be heard in committee March 25.

  28. Introduced. To print.

Sponsors

  • Gray · Cosponsor
  • Olsen · Cosponsor
  • Nestande · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 1 voted No

Sponsors (1)

  • Nestande

Co-sponsors (2)

  • Gray
  • Olsen

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

Do pass.

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4002
Democratic 1000
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Lara — Yea
Hill — Yea
De León — Yea
Steinberg — Yea
Walters — Not Voting
Beth Gaines — Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 2313 NESTANDE Assembly Third Reading

Passed 66 Yea · 3 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 63207
Democratic 2002
Republican 1101
Total 663010
% of votes cast 84%4%0%13%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Linder — Yea
Logue — Yea
Maienschein — Yea
Mansoor — Not Voting
Olsen — Yea
Perea — Yea
Rendon — Yea
Wagner — Yea
Weber — Yea
Williams — Yea
Dababneh — Yea
Daly — Yea
Atkins — Yea
Fong — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Frazier — Not Voting
Gatto — Yea
Gomez — Yea
Gordon — Not Voting
Bocanegra — Yea
Harkey — Yea
John A. Pérez — Yea
Salas — Yea
Jones-Sawyer — Yea
Chesbro — Yea
Levine — Yea
Medina — Yea
Chávez — Yea
Melendez — Yea
Mullin — Yea
Alejo — Yea
Bloom — Yea
Conway — Yea
Cooley — Yea
Donnelly — Nay
Eggman — Yea
Nazarian — Yea
Nestande — Yea
Pan — Yea
Quirk — Not Voting
Rodriguez — Yea
Skinner — Not Voting
Ting — Yea
Waldron — Not Voting
Wieckowski — Yea
Wilk — Yea
Hagman — Yea
Allen — Yea
Lowenthal — Yea
Garcia — Yea
Gray — Yea
Bigelow — Yea
Ridley-Thomas — Yea
Dickinson — Yea
Fox — Nay
Yamada — Yea
Gorell — Yea
Hall — Yea
Beth Gaines — Yea
Jim Patterson — Not Voting
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Not Voting
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Dahle, Megan Republican Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass.

Passed 15 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 14001
Democratic 1000
Republican 0001
Total 15002
% of votes cast 88%0%0%12%
How each member voted (17)
Member Party Vote
Bradford — Yea
Linder — Yea
Pan — Yea
Ridley-Thomas — Yea
Weber — Yea
Bocanegra — Yea
Gatto — Yea
Gomez — Yea
Campos — Yea
Holden — Yea
Bigelow — Yea
Donnelly — Not Voting
Eggman — Yea
Quirk — Yea
Wagner — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does AB 2313 do?
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 January 1, 2020, would require the Department of Justice to establish a Metal Theft Task Force Program 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 the Department of Justice to submit a comprehensive report to the Legislature, no later than December 31, 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.
Who sponsors AB 2313?
AB 2313 is sponsored by Gray, Olsen, and Nestande.
What is the current status of AB 2313?
This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2313?
Track AB 2313 free on One Click Politics — get push/email alerts when it moves.

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