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 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
 diseased animals   agriculture .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1319, as amended, Eggman.  Bovine animals: brucellosis:
slaughter: indemnity.   Agriculture.  
   Existing 
    (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  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 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.  
   This bill would add the Secretary of Food and Agriculture as a
member of the Strategic Growth Council. 
   Vote: majority. Appropriation: no. Fiscal committee: 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.
  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 Resources Agency, the
Secretary for Environmental Protection, the Secretary of Business,
Transportation and Housing, the Secretary of California Health and
Human Services,  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.