Bill Text: CA AB1319 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 1319	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 18, 2013

INTRODUCED BY   Assembly Member Eggman

                        FEBRUARY 22, 2013

   An act to  amend Section 9164 of   add
Section 10422.5 to, and to repeal and add Sections 10405 and 10422
  of,  the Food and Agricultural Code, relating to
diseased animals.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1319, as amended, Eggman.  Diseased animals and
poultry.   Bovine animals: brucellosis: slaughter:
indemnity. 
   Existing law provides for the regulation of animals and pests for
the prevention and control of disease.  Existing law makes it
unlawful for any person that does not have a written permit issued
by the Secretary of Food and Agriculture to remove livestock from
slaughterhouse pens, yards, corrals, or similar holding places where
livestock is held for immediate slaughter, except as specified.
  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 that determination is final.  
   This bill would make nonsubstantive changes to these provisions.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION   1   .    Section 
 10405 of the   Food and Agricultural Code   is
repealed.  
   10405.  Except as otherwise provided in this article, if an animal
in a brucellosis control area is slaughtered pursuant to this
article, or under regulations of the director which are made pursuant
to this article, the owner shall receive all of the following:
   (a) The proceeds of the sale of the salvage of the animal.
   (b) From the state, one-half of the difference between the
appraised value and the sum of the proceeds of the sale of the
salvage and indemnity provided by the United States, but in no
instance to exceed three hundred dollars ($300) for any animal.
   (c) From the United States, any sum which is authorized to be paid
to him from any appropriation made by the United States to assist in
the eradication of brucellosis.  
  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.  
   10422.  The indemnity which is paid to the owner of any
nonreacting animal which is slaughtered pursuant to this article
shall be the difference between the appraised value of the animal as
determined by appraisement by a representative of the department, or
a representative of the United States Department of Agriculture, and
by the owner or his agent, and the proceeds of the sale of the
salvage. The indemnity shall not, however, exceed four hundred
dollars ($400) for any grade animal, or five hundred dollars ($500)
for any purebred animal less any sum which is authorized to be paid
to the owner for indemnity purposes from any appropriation made by
the United States to assist in the eradication of brucellosis in
cattle in this state. In case of failure to agree on the valuation,
the animal shall be appraised by the chief appraiser of the
department or his representative. In either event, the value
determined shall be final. 
   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.  
  SECTION 1.    Section 9164 of the Food and
Agricultural Code is amended to read:
   9164.  In order to prevent the spread of any livestock disease, it
is unlawful for any person who does not have a written permit issued
by the secretary to remove, or cause to be removed, any livestock
from slaughterhouse pens, yards, corrals, or similar holding places
where livestock is held for the purpose of immediate slaughter,
except directly into the slaughterhouse that controls the pens,
yards, corrals, or similar holding places.