BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 222|
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CONSENT
Bill No: AB 222
Author: Assembly Agriculture Committee
Amended: 6/15/11 in Senate
Vote: 21
SENATE AGRICULTURE COMMITTEE : 6-0, 6/21/11
AYES: Cannella, Rubio, Berryhill, Evans, La Malfa, Vargas
NO VOTE RECORDED: Wolk
ASSEMBLY FLOOR : 60-0, 4/14/11 (Consent) - See last page
for vote
SUBJECT : Food and Agriculture: omnibus bill
SOURCE : Author
DIGEST : This bill (1) deletes obsolete reporting
requirements that have passed for the Department of Food
and Agriculture (DFA) and the Food Biotechnology Task
Force, (2) defines "business day" as it relates to the
impoundment of dogs and cats in public or private shelters,
(3) deletes the $100 per diem provision for California
Walnut Commission (CWC) members, alternate members, and
committee members, and instead provides that CWC members
may receive an amount not to exceed reasonable and
necessary traveling expenses and meal allowances, as
established by the CWC, and (4) specifies that for civil
service employees working for the 50th District
Agricultural Association (DAA) who choose to remain in
state service, the joint powers agency may contract with
CONTINUED
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the 50th DAA for the services of the employee rather than
the DFA.
ANALYSIS : Existing law requires that the DFA establish
all permanent positions with the State Controller's Office,
and to report on those positions to the chairs of the
fiscal committees of the Legislature, no later than January
10, 2005, and requires the Food Biotechnology Task Force
(FBTF) to report issues studied, findings, basis for their
findings, and recommendations to the Governor and
Legislature by January 1, 2003.
This bill deletes the reporting requirement relative to (1)
the establishment and funding of permanent positions by
DFA, and (2) issues studied, findings, and recommendations
of the FTFB.
Existing law provides the required holding period for stray
dogs or cats impounded to be six business days, not
including the day of impoundment, with alternative holding
options and exceptions.
This bill identifies, for the purposes of the divisions of
law dealing with regulation and licensing of dogs and the
regulation of cats, that Saturday is a "business day" for
public or private shelters open to the public for at least
four hours, except state holidays.
Existing law provides the authority to create the CWC, by
an affirmative vote of California walnut growers and
handlers. Further, it provides definitions, powers and
duties, implementation and voting procedures, assessments
and records requirements, penalties, and continuation or
suspension and termination processes. Specifically, it
authorizes the alternate members to be able to exercise all
rights, privileges, and powers of the member when serving
on the CWC and states that each member of the CWC or
nonmember appointed by the CWC to a committee may receive a
sum not to exceed $100 per day, as established by the CWC.
It also provides that members shall receive the necessary
traveling expenses and meal allowances, as approved by the
CWC.
The CWC, established in 1987, is involved mainly in export
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market development activities as well as nutrition research
and is funded by mandatory assessments on growers and
operates in concurrence with the Secretary of the DFA. The
CWC is made up of a 13-member commission: eight producers,
four handlers, and one public member selected by the
Secretary. For each member of the CWC, an alternate is
elected to serve in place of the member in their absence.
CWC members are paid all necessary travel and meal expenses
and also may receive a $100 per diem for each day spent in
attendance or traveling to and from meetings of the CWC,
committees of the CWC, or special assignment of the CWC.
This bill deletes the $100 per day per diem for CWC
members, and permits CWC members and alternates to receive
an amount, not to exceed reasonable and necessary traveling
expenses and meal allowances, as established by the CWC.
Existing law authorizes the 50th DAA, with the consent of
the Secretary of DFA, to enter into a joint powers
agreement for the purpose of creating a joint powers agency
(JPA) to operate, maintain, and improve the facilities and
functions of the 50th DAA. Existing law requires every
employee in the civil service of the 50th DAA to be
provided with the option of continuing his/her state
employment, and requires the JPA to contract with DFA for
the services of the employee who chooses to continue their
employment with the state, as specified.
This bill specifies that for civil service employees
working for the 50th DAA who choose to remain in state
service, the JPA may contract with the 50th DAA for the
services of the employee rather than the DFA.
Comments
DFA/FBTF . This bill is the Assembly Agriculture Committee
omnibus bill. In 2010, the Assembly Accountability and
Administrative Review Committee analyzed all codes and
found two outdated reporting dates in the Food
Biotechnology Task Force. This bill removes the outdated
reporting dates.
Impoundment: business day . According to the author's
office, this bill clarifies the definition of "business
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day" when determining how long a shelter holds a dog or
cat. A recent court decision on Veena Purifoy, et al., v.
Glenn Howell, et. al. , by the First Appellate District,
Court of Appeals stated that Saturday is not a "business
day" when determining the holding periods. Defining a
business day as any day the shelter is open for at least
four hours provides clarity to shelters and the public on
shelter holding periods of dogs and cats. The decision
read:
"In addressing the above matters, the court shall treat
the following as established: (1) Saturday is not a
"business day" within the meaning of section 31108(a);
(2) under all of the holding periods outlined in section
31108(a), a shelter must hold an impounded dog
exclusively for owner redemption for the first three
business days of the holding period, not including the
day of impoundment, and may then make the dog available
for owner redemption or adoption beginning on the fourth
business day of the holding period; and (3) CCCAS ÝContra
Costa County Animal Shelter] did not hold Purifoy's dog
for the minimum holding period specified in section
31108(a)."
The State Humane Association of California has raised this
as a clarifying change since most private, and many public,
shelters are open on Saturdays to provide the public more
opportunity to rescue and/or adopt animals. Many are not
open every day of a typical business week (Monday to
Friday) for that purpose. The Association states that this
change will provide the shelters the clarification needed
so they do not need to add additional days to their holding
period and to meet the court's interpretation of current
statute.
California Walnut Commission (CWC) . The CWC is seeking to
encourage its alternate members to attend all meetings so
they will be fully informed when they need to fill in for
their CWC member. However, alternates are forced to cover
their own travel costs unless they are filling in for their
commission member. This bill ensures that alternates are
compensated for all commission meetings they attend.
50th DAA . In the process of drafting a joint powers
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agreement for a JPA to operate the 50th DAA, it was
determined that the law requires the JPA to contract with
DFA for those employees wishing to remain in civil service.
There is some concern about the liability of transferring
those employees from the 50th DAA to DFA. Since the 50th
DAA will continue as an entity, this bill clarifies that
those employees would remain with the 50th DAA, allowing
the JPA to contract with the DAA for those employees
remaining in civil service.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/22/11)
Antelope Valley Fairgrounds
California Walnut Commission
SEIU Local 1000
State Humane Association of California
ASSEMBLY FLOOR :
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Campos, Carter, Cedillo, Chesbro,
Cook, Davis, Dickinson, Donnelly, Eng, Fletcher, Fong,
Fuentes, Furutani, Gatto, Gordon, Hagman, Halderman,
Hall, Hayashi, Roger Hernández, Hill, Huber, Hueso,
Huffman, Jeffries, Lara, Bonnie Lowenthal, Ma, Miller,
Mitchell, Monning, Nestande, Nielsen, Norby, Pan, Perea,
V. Manuel Pérez, Portantino, Silva, Skinner, Smyth,
Solorio, Swanson, Torres, Valadao, Wieckowski, Yamada,
John A. Pérez
NO VOTE RECORDED: Alejo, Butler, Charles Calderon, Conway,
Feuer, Galgiani, Garrick, Gorell, Grove, Harkey, Jones,
Knight, Logue, Mansoor, Mendoza, Morrell, Olsen, Wagner,
Williams, Vacancy
MEL:mw 6/22/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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