BILL NUMBER: AB 219	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 2, 2010

INTRODUCED BY   Assembly Member Ruskin

                        FEBRUARY 4, 2009

   An act to amend Section 5341.5 of  , and to add Section 906
to,  the Food and Agricultural Code, relating to  pest
control   agriculture  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 219, as amended, Ruskin.  Pest   State
Board of Food and Agriculture: member qualification and conflicts:
pest  control: plant quarantine inspection stations. 
   (1) Existing law establishes in state government the State Board
of Food and Agriculture, which consists of 15 members, composed as
specified, appointed by the Governor.  
   This bill would provide that public officers associated with any
area of government, including agriculture, and whether elected or
appointed, may be appointed to, and may serve contemporaneously as
members of, the board. The bill would prohibit certain members of the
board from participating in any board action that involves
themselves or any agricultural entity with which they are connected
as director, officer, or employee, or in which they have a financial
interest in the decision within the meaning of the Political Reform
Act of 1974.  
   Existing 
    (2)    Existing  law requires every
operator of a motor vehicle entering the state with a shipment of any
agricultural commodity to have the vehicle and the shipment
inspected, and to obtain a certificate of inspection, at the plant
quarantine inspection station nearest the point of entry, except as
provided. Existing law subjects the operator of the vehicle and the
registered owner of the vehicle, if a different person or legal
entity, to  separate  civil penalties of not more than
$1,000 for each violation for failure to obtain the required
certificate of inspection.
   This bill would increase the civil penalties to not more than
$2,500 for each violation.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 906 is added to the  
Food and Agricultural Code   , to read:  
   906.  (a) Public officers associated with any area of government,
including agriculture, and whether elected or appointed, may be
appointed to, and may serve contemporaneously as members of, the
board.
   (b) No member of the board appointed pursuant to subdivision (c)
or (d) of Section 902 shall participate in any board action that
involves himself or herself or any agricultural entity with which he
or she is connected as a director, officer, or employee, or in which
he or she has a financial interest in the decision within the meaning
of Section 87103 of the Government Code. 
   SECTION 1.   SEC. 2.   Section 5341.5 of
the Food and Agricultural Code is amended to read:
   5341.5.  (a) Every operator of a motor vehicle entering the state
with a shipment of any agricultural commodity shall cause the vehicle
and the shipment to be inspected, and shall obtain a certificate of
inspection, at the plant quarantine inspection station nearest the
point of entry into the state.
   (b) Failure to obtain the required certificate of inspection shall
subject the operator of the vehicle and the registered owner of the
vehicle, if a different person or legal entity, to separate civil
penalties of not more than two thousand five hundred dollars ($2,500)
for each violation. In determining the severity of the penalty to be
imposed, the court shall consider any prior violations of the same
nature within the preceding 24 months, the commodity being
transported, and any evidence, including deviation from normal and
usual routes, that the operator of the vehicle intentionally avoided
inspection.
   (c) Inspection shall not be required when the operator of the
vehicle would be required to travel a distance of 15 miles or more
from normal and usual routes for the particular trip to obtain the
required inspection and certification, or when weather conditions or
road closures on normal and usual routes prevent travel to the
nearest plant quarantine inspection station.
   (d) Violation of this section is a separate offense from violation
of any other provision of this code and proceedings under this
section shall not be deemed to prevent separate proceedings for any
other offense.
   (e) Proceedings under this section may be brought by the secretary
or, with the secretary's concurrence, by the district attorney of
the county in which the violation occurred. The civil penalty shall
be awarded to the agency which brings the enforcement action for use
by that agency in enforcing the provisions of this code.
   (f) The secretary may, by regulation or executive order, as the
secretary deems advisable, permit exceptions for certain commodities,
areas, and times consistent with the purposes of this division,
patterns of local traffic near border areas, and availability of
inspection stations.
   (g) Persons holding a valid permit to transport cattle pursuant to
Section 21067 are exempt from this section.