BILL ANALYSIS Ó AB 1175 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1175 (Bocanegra) As Amended August 18, 2014 Majority vote ----------------------------------------------------------------- |ASSEMBLY: | |(May 24, 2013) |SENATE: |25-10|(August 21, | | | | | | |2014) | ----------------------------------------------------------------- (vote not relevant) Original Committee Reference: H. & C.D. SUMMARY : Prohibits the California Department of Food and Agriculture (CDFA) from entering into cooperative agreements with Los Angeles County (County) for agricultural inspection services unless a currently unspecified percentage of agricultural inspector associates are granted permanent County civil service status. The Senate amendments delete the Assembly version of the bill, and instead prohibit the secretary of the California Department of Food and Agriculture (CDFA) from entering into cooperative agreements with certain counties (Los Angeles County) for year-round agricultural inspector services unless not less than 66% of the agricultural inspector aides and 75% of the agricultural inspector associates are afforded protections as permanent employees under the county's civil service or personnel system. EXISTING LAW : 1)Authorizes the secretary of CDFA to enter into cooperative agreements to carry out and enforce programs that promote and enhance agriculture, combat invasive pests and diseases, inspect poultry and meat, or other activities to administer and enforce these provisions. Specifically, the secretary enters into cooperative agreements with county agricultural commissioners (CAC) to administer and enforce programs and inspections on the local level. 2)Defines "counties of the first class" to be counties whose populations exceed four million residents. FISCAL EFFECT : According the Senate Committee on AB 1175 Page 2 Appropriations, would not have a direct fiscal impact to CDFA. This bill could result in potential cost pressures to CDFA in the low hundreds of thousands of dollars annually. COMMENTS : Current law authorizes CDFA to enter into cooperative agreements with counties to carry out and enforce programs that, among other things, combat invasive pests and diseases. CDFA specifically contracts with CACs to administer and enforce local programs and inspections. CDFA's Plant Health and Pest Prevention Services Division is responsible for the prevention and control of plant pests, working cooperatively with CACs to accomplish these goals. Depending on the specific requirements for pest monitoring, trapping, and inspections, work is typically performed by the local CAC's staff, which includes aids, associates, and inspectors. In 2003-04, legislation was enacted which prohibited CDFA from entering into cooperative agreements for agricultural inspections with the County unless a minimum of 66% of all agricultural inspector aids were granted permanent civil service status as a county employee. Prior to that legislation, these employees were hired on a temporary basis to work on year-long contracts with CDFA. The legislation increased labor costs for the County, and state funds were provided to aid this transition and reduce fiscal impact to the County. According to the author, this bill would ensure that agricultural inspector aids would not lose their permanent status when attempting to receive a promotion by going through a year-long, temporary associate position. Furthermore, "Last year, the County realized that agricultural inspector associates are not eligible for the [promotional] exam because they are not technically permanent employees. There is currently no process for associates to be promoted, except at the discretion of the Agricultural Commissioner. This has created a totally arbitrary process for evaluating which employees should be promoted." Those in opposition are concerned that this bill "would eliminate the entry-level class in the Agricultural/Weights & Measures Inspector series, and would preclude incumbents from: 1) gaining the necessary on-the-job-training; 2) meeting all educational requirements; and 3) competing for permanent inspector positions." Furthermore, this bill does not provide AB 1175 Page 3 the funding needed to mandate staffing with permanent employees, and the increased staffing costs could preclude the County agricultural commissioner from entering into agreements to perform inspections for CDFA in the future. This bill was substantially amended in the Senate and the Assembly approved version of this bill was deleted. This bill, as amended in the Senate, is inconsistent with the Assembly actions, and the provisions of this bill, as amended in the Senate, have not been heard in an Assembly policy committee. Analysis Prepared by : Victor Francovich / AGRI. / (916) 319-2084 FN: 0005045