Land use, metal theft top list of new state laws

By Steve Adler

The arrival of the new year signals the implementation of several new laws that will have an impact—mostly positive—on farmers and ranchers in California.

The legislation signed by Gov. Arnold Schwarzenegger covered a wide range of topics, including metal theft, land use, transportation, invasive pests and agricultural sales.

Perhaps the most significant for all farmers and ranchers are two new laws aimed at curbing metal theft, a chronic problem that has resulted in substantial losses for farmers and ranchers, much greater than the value of the metal being stolen. Thefts of such items as brass valves, copper wire and aluminum pipes have resulted in missed or delayed irrigation and subsequent reduction in crop yields.

Two of the new laws are the result of the governor signing Assembly Bill 844 (Berryhill ) and Senate Bill 691 (Calderon). Because the two bills contained urgency clauses, they actually went into effect on Dec. 1.

AB 844, co-sponsored by Farm Bureau, puts an end to a pattern of quick cash for metal thieves by requiring recyclers to hold payment for three days, take a thumbprint of anyone selling scrap metal, photograph the metal and document its origin. It also requires anyone convicted of metal theft to pay restitution for the materials stolen and for any collateral damage caused during the theft. Recyclers who break the law face suspension or revocation of their business licenses, and increased fines and jail time.

SB 691, which Farm Bureau also supported, is identical to AB 844.

"Combating metal theft has been a top priority for Farm Bureau on behalf of our members," said California Farm Bureau Federation Administrator Rich Matteis. "The success of these bills is very gratifying and shows how grassroots work by Farm Bureau members and staff can bring meaningful improvements in state law."

Another bill, SB 447 (Maldonado) also addresses the problem of metal theft. Existing law requires junk dealers and recyclers to keep specified written records of all sales and purchases made in the course of business. This new law would require a junk dealer or recycler to report that information daily to the chief of police of the city or the sheriff of the county in which the junk dealer or recycler sold or purchased the junk. (See Page 28 for more information about the new metal-theft laws.)

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