Friday, Aug. 29, 2008

Assembly Bill 844 takes aim at metal theft

SACRAMENTO -- Ending two years of debate, the Legislature on Thursday gave final approval to a bill aimed at stopping metal theft, a growing problem in the valley and elsewhere.

Metal theft is an especially troublesome crime in rural areas. Thieves cannibalize farm equipment and sell the scrap metal for quick cash, often to fuel drug habits, authorities say.

Assembly Bill 844 was introduced by Assemblyman Tom Berryhill, R-Modesto. It requires junk dealers and recyclers to collect more information from customers that could help with investigations, including thumbprints and photos of the metals being recycled. Also, customers would not receive cash payments until three days after they sell the metals. Irregular customers could be paid by check only.

"This day has been a long time coming," Berryhill said in a statement. "No one has been spared from these criminals who strip wires from utilities, vandalize fire hydrants, steal manhole covers, destroy agricultural equipment, remove guardrails -- the list goes on and on."

The Assembly approved AB 844 by a unanimous vote. Gov. Schwarz-enegger is expected to sign the bill, though he has vowed to ignore most bills until lawmakers reach a deal on the state budget, now 60 days late.

Berryhill has been pushing the bill since last year. His goal was to ensure it did not override existing, and in some cases tougher, rules in several counties. Recyclers resisted, fearing the proposal would open the door for local ordinances that they said would be tough to comply with.

A compromise allowing local governments to enact stronger ordinances was reached, but only if two-thirds of a board of supervisors or city council agree.

Stanislaus County passed an ordinance in April 2007 that tightens rules on how recyclers can buy scrap metal.

The county ordinance:

• Requires scrap metal dealers to pay for metal with checks, not cash
• Limits recycling business operating hours from 7 a.m. to 7 p.m.
• Requires background checks for scrap metal dealers
• Requires fingerprints for everyone trying to sell scrap metal, and they must be 18 or older
• Requires dealers to report the previous day's transactions to the Stanislaus County Sheriff's Department

Various Northern San Joaquin Valley municipalities have passed or are considering ordinances.

Modesto, Turlock, Newman, Patterson, Riverbank, Merced and San Joaquin County have passed ordinances similar to the Stanislaus County ordinance.

"Scrap dealers need to make sure to comply (with the new laws)," said Jeff Highiet, operations director of Modesto Junk Co. on Ninth Street. "We have to do that, and that will stop the crime. That's the way you're going to solve it."

Highiet said the majority of his customers are law-biding citizens. He said it's the few who are ruining it for everyone else and keeping the crime wave going.

Modesto police officials said recycling companies throughout the county have been working hard to reduce metal thefts since the city and county ordinances were passed.

Thieves take metals stolen from air-conditioning units, park lights and construction sites to local recyclers in exchange for quick cash. The thefts have caused thousands of dollars in damage and losses.

The new laws help recyclers provide crucial information to law enforcement agencies who need to track down thieves before they steal from someone else.

"We went from a 'don't ask don't tell' policy to making them accountable," Modesto police Detective Mike Freudenthal said of metal thieves. "Now, they can't say they found it in a Dumpster."

Bee staff writer Rosalio Ahumada can be reached at rahumada@modbee.com or 578-2394.