Wednesday, June 02, 2004
Boost ag theft penalties
Boost ag theft penalties
Bakersfield Californian Editorial
With thefts of agricultural diesel fuel escalating along with costs, Sen. Dean Florez, D-Shafter, is commendably seeking to make state law more relevant to the valley's new economic reality.
Because the deadline for introducing new legislation has passed, Florez is amending an existing agriculture-related bill, SB703, in order to make theft of agricultural diesel fuel a specific crime under the state's Vehicle Code.
Valleywide, theft of diesel fuel from farms has almost doubled in value during the first five months of this year compared to the same period last year. In Kern County, diesel fuel thefts have more than doubled in the number of crimes, quantity of fuel stolen and value of the loss during the same time period, according to Florez's office.
Because of the nature of agricultural operations, fuel is often stored outdoors, out of sight of grower personnel. Under Florez's bill, when the theft is of agricultural diesel fuel, a court could enhance the normal sentence for fuel theft to suspend a defendant's license for six months for the first offense and for a full year for each successive offense. Depending on the circumstances, courts could also restrict driving privileges to commuting to work or school or for medical emergencies.
Such sentencing is consistent with that of other Vehicle Code penalties.Sacrificed to get this legislation introduced was a proposal that would mandate the state's Public Utilities Commission to create electricity rate incentives that would induce growers to switch their intermittently used irrigation pumps from polluting diesel power to electricity.
That is a worthy policy and should be resurrected and passed in the next legislative session, but Florez was correct in pre-empting it, given the energy costs adversely impacting agriculture now. The bill must be passed by the Assembly Transportation Committee, the Assembly itself and then be concurred in by the Senate.
All three bodies should pass it expeditiously.
Bakersfield Californian Editorial
With thefts of agricultural diesel fuel escalating along with costs, Sen. Dean Florez, D-Shafter, is commendably seeking to make state law more relevant to the valley's new economic reality.
Because the deadline for introducing new legislation has passed, Florez is amending an existing agriculture-related bill, SB703, in order to make theft of agricultural diesel fuel a specific crime under the state's Vehicle Code.
Valleywide, theft of diesel fuel from farms has almost doubled in value during the first five months of this year compared to the same period last year. In Kern County, diesel fuel thefts have more than doubled in the number of crimes, quantity of fuel stolen and value of the loss during the same time period, according to Florez's office.
Because of the nature of agricultural operations, fuel is often stored outdoors, out of sight of grower personnel. Under Florez's bill, when the theft is of agricultural diesel fuel, a court could enhance the normal sentence for fuel theft to suspend a defendant's license for six months for the first offense and for a full year for each successive offense. Depending on the circumstances, courts could also restrict driving privileges to commuting to work or school or for medical emergencies.
Such sentencing is consistent with that of other Vehicle Code penalties.Sacrificed to get this legislation introduced was a proposal that would mandate the state's Public Utilities Commission to create electricity rate incentives that would induce growers to switch their intermittently used irrigation pumps from polluting diesel power to electricity.
That is a worthy policy and should be resurrected and passed in the next legislative session, but Florez was correct in pre-empting it, given the energy costs adversely impacting agriculture now. The bill must be passed by the Assembly Transportation Committee, the Assembly itself and then be concurred in by the Senate.
All three bodies should pass it expeditiously.
# posted by Senator Dean Florez @ 9:53 AM 
