BILL ANALYSIS                                                                                                                                                                                                    Ó


          |SENATE RULES COMMITTEE            |                   AB 222|
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          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 


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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 

          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.


           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 

            "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 

          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 

           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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