BILL REQ. #:  H-4078.1 

READ FIRST TIME 01/31/12.   

     AN ACT Relating to metal property theft; amending RCW 9A.56.030 and 9A.56.040; creating a new section; prescribing penalties; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The task force on commercial and nonferrous metal property theft is established. For purposes of this section, "commercial metal property," "nonferrous metal property," and "scrap metal business" have the same meanings as defined in RCW 19.290.010.
     (2) The purpose of the task force is to formulate suggestions for state policy regarding regulation of commercial and nonferrous metal property theft.
     (3) The task force shall consist of the following members:
     (a) A representative of a national trade association or other organization that represents scrap metal recycling businesses, such as the institute of scrap metal recycling industries incorporated or its successor organization or another entity representing comparable interests;
     (b) A scrap metal business located in Washington who is appointed by and a member of the institute of scrap recycling industries, or its successor organization and whose primary business location is located in a city with a minimum population more than five hundred thousand;
     (c) A scrap metal business located in Washington who is appointed by and a member of the institute of scrap recycling industries, or its successor organization and whose primary business location is located in a city with a maximum population less than fifty thousand;
     (d) One investor-owned utility, as defined in RCW 19.29A.010, whose service territory is predominately located on the western side of the Cascade mountain range;
     (e) One investor–owned utility, as defined in RCW 19.29A.010, whose service territory is predominately located on the eastern side of the Cascade mountain range;
     (f) A consumer-owned utility, as defined in RCW 19.29A.010;
     (g) A municipally owned utility;
     (h) A representative of the Washington department of transportation;
     (i) A representative of the Washington state prosecutors association;
     (j) A representative of the Washington state patrol;
     (k) A representative from a city with a population of less than five hundred thousand;
     (l) A representative from a city with a population of more than five hundred thousand;
     (m) A representative of a law enforcement agency, appointed by the Washington council of police and sheriffs;
     (n) A representative from the Washington association of sheriffs and police chiefs;
     (o) A representative from a county appointed by the Washington state association of counties;
     (p) A representative of the broadband and cable telecommunications industry;
     (q) A representative of the wireless telecommunications industry;
     (r) A representative of the wireline telecommunications industry;
     (s) A representative from the Washington state farm bureau; and
     (t) A representative of crime victims, appointed by the office of crime victims advocacy.
     (4) The task force shall elect a chair and organize itself in a manner, and adopt rules of procedure that it determines are most conducive to the timely completion of its charge.
     (5) In conducting its study, the task force shall consider, at a minimum, the following issues:
     (a) Penalties, both criminal and civil, for theft of commercial and nonferrous metal property including, but not limited to, issues such as categorization of crimes, trespass, organized commercial metal property theft, and aggregation of crimes;
     (b) Valuation in the criminal prosecution of theft of commercial and nonferrous metal property, where the actual damages of the theft may greatly exceed the value of the stolen property;
     (c) The role of local governments in policing and prosecuting theft of commercial and nonferrous property;
     (d) Restrictions on cash purchases of commercial and nonferrous metal property;
     (e) Private rights of action to prosecute theft of commercial and nonferrous metal property;
     (f) Registration or licensing of all scrap metal businesses;
     (g) A no-buy list for commercial and nonferrous metal purchases;
     (h) Use and effectiveness of a scrap theft alert system, such as scraptheftalert.com, offered as a no fee service by the institute of scrap recycling industries; and
     (i) Such other items the task force deems necessary.
     (6) The task force shall meet at least quarterly.
     (7) Members must seek reimbursement for travel and other membership expenses through their respective agencies or organizations within existing resources.
     (8) The task force shall report its preliminary findings and recommendations for legislative action to the legislature by December 31, 2012. The task force shall continue to communicate and collaborate regarding a policy plan through December 31, 2014.
     (9) This section expires December 31, 2014.

Sec. 2   RCW 9A.56.030 and 2009 c 431 s 7 are each amended to read as follows:
     (1) A person is guilty of theft in the first degree if he or she commits theft of:
     (a) Property or services which exceed(s) five thousand dollars in value other than a firearm as defined in RCW 9.41.010;
     (b) Property of any value, other than a firearm as defined in RCW 9.41.010 or a motor vehicle, taken from the person of another; ((or))
     (c) A search and rescue dog, as defined in RCW 9.91.175, while the search and rescue dog is on duty; or
     (d) Metal wire, taken from a public service company, as defined in RCW 80.04.010, and the costs of the damage to the public service company's property exceed five thousand dollars in value.
     (2) Theft in the first degree is a class B felony.

Sec. 3   RCW 9A.56.040 and 2009 c 431 s 8 are each amended to read as follows:
     (1) A person is guilty of theft in the second degree if he or she commits theft of:
     (a) Property or services which exceed(s) seven hundred fifty dollars in value but does not exceed five thousand dollars in value, other than a firearm as defined in RCW 9.41.010 or a motor vehicle; ((or))
     (b) A public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant; ((or))
     (c) Metal wire, taken from a public service company, as defined in RCW 80.04.010, and the costs of the damage to the public service company's property exceed seven hundred fifty dollars but does not exceed five thousand dollars in value; or
     (d) An access device.
     (2) Theft in the second degree is a class C felony.