Bill Text: CA AB1319 | 2013-2014 | Regular Session | Chaptered
Bill Title: Agriculture.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-10-07 - Chaptered by Secretary of State - Chapter 623, Statutes of 2013. [AB1319 Detail]
Download: California-2013-AB1319-Chaptered.html
BILL NUMBER: AB 1319 CHAPTERED
BILL TEXT
CHAPTER 623
FILED WITH SECRETARY OF STATE OCTOBER 7, 2013
APPROVED BY GOVERNOR OCTOBER 7, 2013
PASSED THE SENATE SEPTEMBER 11, 2013
PASSED THE ASSEMBLY SEPTEMBER 12, 2013
AMENDED IN SENATE AUGUST 12, 2013
AMENDED IN SENATE JUNE 26, 2013
AMENDED IN SENATE JUNE 19, 2013
AMENDED IN ASSEMBLY MARCH 18, 2013
INTRODUCED BY Assembly Member Eggman
FEBRUARY 22, 2013
An act to add Section 10422.5 to, and to repeal and add Sections
10405 and 10422 of, the Food and Agricultural Code, and to amend
Section 75121 of the Public Resources Code, relating to agriculture.
LEGISLATIVE COUNSEL'S DIGEST
AB 1319, Eggman. Agriculture.
(1) Existing law provides for the regulation of animals and pests
for the prevention and control of disease. Existing law requires that
any bovine animal in a brucellosis control area that reacts
positively to a test for brucellosis be immediately identified
pursuant to the regulations of the Secretary of Food and Agriculture
and requires that the animal be slaughtered within 30 days in
accordance with the regulations of the secretary. Existing law also
authorizes the secretary to identify nonreacting animals in the same
herd and to require the slaughter of those animals if certain
requirements are satisfied.
Existing law requires that if an animal in a brucellosis control
area is slaughtered pursuant to these provisions, or under
regulations of the secretary which are made pursuant to these
provisions, the owner shall receive compensation, as specified.
Existing law also provides indemnity, as provided, to the owner of a
nonreacting animal that is slaughtered.
This bill would revise and recast these provisions to delete any
compensation from the state and would provide that if a nonreacting
animal is slaughtered pursuant to these provisions the owner would
receive the same compensation as the owner of an animal that tested
positive for brucellosis. The bill would require that the value of a
nonreacting animal that is slaughtered be determined by appraisement
by a representative of the Department of Food and Agriculture, or a
representative of the Agricultural Research Service of the United
States Department of Agriculture, and by the owner or his or her
agent. The bill would also require that if these persons do not agree
on the valuation of the animal, the animal be appraised by the chief
appraiser of the Department of Food and Agriculture or his or her
representative and that determination is final.
(2) Existing law establishes the Strategic Growth Council and
requires it, among other things, to provide, fund, and distribute
data and information to local governments and regional agencies that
will assist in developing and planning sustainable communities. Under
existing law, the Strategic Growth Council consists of the Director
of State Planning and Research, the Secretary of the Natural
Resources Agency, the Secretary for Environmental Protection, the
Secretary of Business, Transportation and Housing, the Secretary of
California Health and Human Services, and one public member appointed
by the Governor.
Existing law and the Governor's Reorganization Plan No. 2 of 2012,
effective July 3, 2012, and operative July 1, 2013, assigns and
reorganizes the various functions of state government among executive
officers and agencies by, among other things, creating the
Transportation Agency headed by a secretary.
This bill would add the Secretary of Food and Agriculture as a
member of the Strategic Growth Council. The bill would enact other
statutory changes necessary to reflect the changes in law made by the
Governor's Reorganization Plan No. 2 relating to the Transportation
Agency.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10405 of the Food and Agricultural Code is
repealed.
SEC. 2. Section 10405 is added to the Food and Agricultural Code,
to read:
10405. If an animal is slaughtered pursuant to this article, and
indemnity funds are available, the owner of the animal may receive
part or all of the following:
(a) The proceeds of the sale of the salvage of the animal.
(b) From the United States Department of Agriculture, any sum that
is authorized to be paid to the owner from any appropriation that is
made by the United States Department of Agriculture to assist in the
eradication of brucellosis in cattle in this state.
SEC. 3. Section 10422 of the Food and Agricultural Code is
repealed.
SEC. 4. Section 10422 is added to the Food and Agricultural Code,
to read:
10422. The value of a nonreacting animal that is slaughtered
shall be determined by appraisement by a representative of the
department or a representative of the Agricultural Research Service
of the United States Department of Agriculture, and by the owner or
his or her agent. If these persons do not agree on the valuation of
the animal, the animal shall be appraised by the chief appraiser of
the department, or his or her representative. In either event, the
value that is determined is final.
SEC. 5. Section 10422.5 is added to the Food and Agricultural
Code, to read:
10422.5. If a nonreacting animal is slaughtered pursuant to this
article, and indemnity funds are available, the owner of the animal
may receive part or all of the following:
(a) The proceeds of the sale of the salvage of the animal.
(b) From the United States Department of Agriculture, any sum that
is authorized to be paid to the owner from any appropriation that is
made by the United States Department of Agriculture to assist in the
eradication of brucellosis in cattle in this state.
SEC. 6. Section 75121 of the Public Resources Code is amended to
read:
75121. (a) The Strategic Growth Council is hereby established in
state government and it shall consist of the Director of State
Planning and Research, the Secretary of the Natural Resources Agency,
the Secretary for Environmental Protection, the Secretary of
Transportation, the Secretary of California Health and Human
Services, the Secretary of Business, Consumer Services, and Housing,
the Secretary of Food and Agriculture, and one member of the public
to be appointed by the Governor. The public member shall have a
background in land use planning, local government, resource
protection and management, or community development or
revitalization.
(b) Staff for the council shall be reflective of the council's
membership.
