Bill Text: CA SB1119 | 2011-2012 | Regular Session | Introduced
Bill Title: Pesticides: violations: civil penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-03-08 - Referred to Coms. on AGRI. and E.Q. [SB1119 Detail]
Download: California-2011-SB1119-Introduced.html
BILL NUMBER: SB 1119 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Berryhill
FEBRUARY 17, 2012
An act to amend Section 12999.5 of the Food and Agricultural Code,
relating to pesticides.
LEGISLATIVE COUNSEL'S DIGEST
SB 1119, as introduced, Berryhill. Pesticides: violations: civil
penalties.
Existing law provides that every person who violates a provision
of law relating to pesticides, or any regulation issued pursuant
thereto, is guilty of a misdemeanor. In lieu of seeking prosecution
for a misdemeanor, existing law authorizes the Director of Pesticide
Regulation to prosecute a violation civilly, as specified. In lieu of
a civil prosecution by the director, existing law authorizes the
county agricultural commissioner to levy a civil penalty against a
person violating specified provisions of law relating to pest control
operations, pesticides, pesticides and worker safety, use of an
unregistered pesticide, structural pest control devices, or
regulations adopted pursuant to these provisions.
This bill would provide that if the county agricultural
commissioner determines that a conflict-of-interest exists, another
commissioner designated by the director may levy a civil penalty
pursuant to these provisions.
Because this bill would impose a new duty on county agricultural
commissioners, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12999.5 of the Food and Agricultural Code is
amended to read:
12999.5. (a) (1) In lieu of civil
prosecution by the director, the commissioner may levy a civil
penalty against a person violating Division 6 (commencing with
Section 11401), Article 10 (commencing with Section 12971) or Article
10.5 (commencing with Section 12980) of this chapter, Section 12995,
Article 1 (commencing with Section 14001) of Chapter 3, Chapter 7.5
(commencing with Section 15300), or a regulation adopted pursuant to
any of these provisions, of not more than one thousand dollars
($1,000) for each violation. Any violation determined by the
commissioner to be a serious violation as defined in Section 6130 of
Title 3 of the California Code of Regulations is subject to a fine of
not more than five thousand dollars ($5,000) for each violation. It
is unlawful and grounds for denial of a permit under Section 14008
for any person to refuse or neglect to pay a civil penalty levied
pursuant to this section once the order is final.
(2) If the commissioner determines that a conflict of interest
exists, another commissioner designated by the director may levy a
civil penalty pursuant to this section.
(b) If a person has received a civil penalty for pesticide drift
in a school area subject to Section 11503.5 that results in a serious
violation as defined in subdivision (a), the commissioner shall
charge a fee, not to exceed fifty dollars ($50), for processing and
monitoring each subsequent pesticide application that may pose a risk
of pesticide drift made in a school area subject to Section 11503.5.
The Agricultural Commissioner shall continue to impose the fee for
each subsequent application that may pose a risk of drift, until the
person has completed 24 months without another serious violation as
defined in subdivision (a).
(c) Before a civil penalty is levied, the person charged with the
violation shall be given a written notice of the proposed action
including the nature of the violation and the amount of the proposed
penalty, and shall have the right to request a hearing within 20 days
after receiving notice of the proposed action. A notice of the
proposed action that is sent by certified mail to the last known
address of the person charged shall be considered received even if
delivery is refused or the notice is not accepted at that address. If
a hearing is requested, notice of the time and place of the hearing
shall be given at least 10 days before the date set for the hearing.
At the hearing, the person shall be given an opportunity to review
the commissioner's evidence and to present evidence on his or her own
behalf. If a hearing is not timely requested, the commissioner may
take the action proposed without a hearing.
(d) If the person upon whom the commissioner levied a civil
penalty requested and appeared at a hearing, the person may appeal
the commissioner's decision to the director within 30 days of the
date of receiving a copy of the commissioner's decision. The
following procedures apply to the appeal:
(1) The appeal shall be in writing and signed by the appellant or
his or her authorized agent, state the grounds for the appeal, and
include a copy of the commissioner's decision. The appellant shall
file a copy of the appeal with the commissioner at the same time it
is filed with the director.
(2) The appellant and the commissioner may, at the time of filing
the appeal or within 10 days thereafter or at a later time prescribed
by the director, present the record of the hearing including written
evidence that was submitted at the hearing and a written argument to
the director stating grounds for affirming, modifying, or reversing
the commissioner's decision.
(3) The director may grant oral arguments upon application made at
the time written arguments are filed.
(4) If an application to present an oral argument is granted,
written notice of the time and place for the oral argument shall be
given at least 10 days before the date set therefor. The times may be
altered by mutual agreement of the appellant, the commissioner, and
the director.
(5) The director shall decide the appeal on the record of the
hearing, including the written evidence and the written argument
described in paragraph (2), that he or she has received. If the
director finds substantial evidence in the record to support the
commissioner's decision, the director shall affirm the decision.
(6) The director shall render a written decision within 45 days of
the date of appeal or within 15 days of the date of oral arguments
or as soon thereafter as practical.
(7) On an appeal pursuant to this section, the director may affirm
the commissioner's decision, modify the commissioner's decision by
reducing or increasing the amount of the penalty levied so that it is
within the director's guidelines for imposing civil penalties, or
reverse the commissioner's decision. Any civil penalty increased by
the director shall not be higher than that proposed in the
commissioner's notice of proposed action given pursuant to
subdivision (c). A copy of the director's decision shall be delivered
or mailed to the appellant and the commissioner.
(8) Any person who does not request a hearing pursuant to
subdivision (c) may not file an appeal pursuant to this subdivision.
(9) Review of a decision of the director may be sought by the
appellant within 30 days of the date of the decision pursuant to
Section 1094.5 of the Code of Civil Procedure.
(e) The commissioner may levy a civil penalty pursuant to
subdivisions (a), (c), and (d) against a person violating paragraph
(1), (2), or (8) of subdivision (a) of Section 1695 of the Labor
Code, which pertains to registration with the commissioner, carrying
proof of that registration, and filing changes of address with the
commissioner.
(f) After the exhaustion of the appeal and review procedures
provided in this section, the commissioner or his or her
representative may file a certified copy of a final decision of the
commissioner that directs the payment of a civil penalty and, if
applicable, a copy of any decision of the director or his or her
authorized representative rendered on an appeal from the commissioner'
s decision and a copy of any order that denies a petition for a writ
of administrative mandamus, with the clerk of the superior court of
any county. Judgment shall be entered immediately by the clerk in
conformity with the decision or order. No fees shall be charged by
the clerk of the superior court for the performance of any official
service required in connection with the entry of judgment pursuant to
this section.
SEC. 2. The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
