BILL ANALYSIS                                                                                                                                                                                                    



                                                                            
         AB 219
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        CONCURRENCE IN SENATE AMENDMENTS
        AB 219 (Ruskin)
        As Amended  August 2, 2010
        Majority vote
         
         
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        |ASSEMBLY: |74-0 |(April 2, 2009) |SENATE: |36-0 |(August 23, 2010)    |
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        |COMMITTEE VOTE:  |8-0  |(August 25, 2010)   |RECOMMENDATION: |Concur    |
        |                 |     |                    |                |          |
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        Original Committee Reference:    AGRI.  

         SUMMARY  :  Allows any 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 State Board of Food and Agriculture (board);  
        prohibits specified members of the board from participating in any  
        board action with which those members are connected with or in  
        which they have a financial interest within the meaning of the  
        Political Reform Act of 1974 (PRA), increases the civil penalties  
        to every operator of a motor vehicle from $1,000 to $2,500 per  
        violation, for not obtaining a certificate of inspection when  
        entering the State of California with a shipment of any  
        agricultural commodity; and, and makes technical, non-substantive  
        changes.

         The Senate amendments  add provisions that allow public officers to  
        be appointed and serve at the same time on the board, but not  
        participate in any decisions of that board if they are connected  
        with, or have a financial interest within the meaning of the PRA.

         EXISTING LAW  establishes the board, its membership, term of office  
        and responsibilities.  Further, it requires every operator of a  
        motor vehicle, upon entering California with a shipment of any  
        agricultural commodity, to have the vehicle and the shipment  
        inspected, and requires that an inspection certificate be obtained.  
         Failure to obtain this certificate would result in a civil penalty  








                                                                            
         AB 219
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        of $1,000 per violation.  Statute directs the courts, in  
        determining the severity of the penalty, to consider any prior  
        violations of the same nature within the preceding 24-month period,  
        the commodity being transported, and evidence of deviation of  
        routes to avoid inspection.

         AS PASSED THE ASSEMBLY  , this bill increased the civil penalties to  
        every operator of a motor vehicle from $1,000 to $2,500 per  
        violation, for not obtaining a certificate of inspection when  
        entering the State of California with a shipment of any  
        agricultural commodity, and made technical, non-substantive  
        changes.
         
         FISCAL EFFECT  :  None 

         COMMENTS  :  According to the author, recent applicants to the board,  
        that currently serve on the boards of agricultural commissions or  
        marketing orders or special districts, like irrigation districts,  
        have been disqualified because the election to such boards has been  
        deemed incompatible.  The Senate amendments add language found in  
        the Water Code pertaining to the State Water Resources Control  
        Board, which allows such individuals to serve on multiple boards as  
        long as a conflict of interest does not exist.  

        The Center for Invasive Species Research (CISR) at the University  
        of California-Riverside states that "California agricultural losses  
        to exotic pests exceed $3 billion annually."  They say that every  
        60 days, California gains a new and potentially damaging invasive  
        species.  Our state's unique climate and geography provides the  
        diverse ecosystems which are perfect for new pests.  "CISR's  
        researchers lead the way to determine how pests enter California,  
        where invading populations came from and why these pests are  
        successful in establishing California as their home."  There are  
        over 45 different invasive species of pests currently being studied  
        by CISR.  These pests not only cause problems for agricultural  
        interests, but are also a concern to the state's environment,  
        causing millions of dollars in damage.  Invasive plants, pests and  
        exotic diseases affect all of California.

        The inspection stations are the first line of defense in preventing  
        the introduction of an exotic or invasive pest, plant or disease.   
        The clich? that 'an ounce of prevention is worth a pound of cure'  
        is applicable.  Inspection stations are that ounce of prevention.   
        Additionally, there are other avenues into California, including  








                                                                            
         AB 219
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        sea ports, airports, postal and carrier receiving sites that also  
        should be inspected.  It is estimated that the total cost needed  
        for all inspections would approach $100 million annually.   
        Unfortunately, due to California's fiscal situation, that has not  
        been possible.

        Due to fiscal constraints of the state, of these 16 boarder  
        stations, seven were reduced to part-time in the late 1990's, and  
        all private vehicle inspections were discontinued at all stations  
        in July 2002.  Since October 2008, all stations have resumed 24  
        hour, seven days a week operations and private vehicle inspection,  
        except for the Friday furloughs established by the Governor.

        Any reduction in inspections have a direct increase in exposure to  
        California for the introduction of invasive/exotic pests, plants or  
        diseases that can harm the environment, lakes, rivers and bays,  
        forests, agriculture, and population.


         Analysis Prepared by  :    Jim Collin / AGRI. / (916) 319-2084 


        FN:  
        0006774