BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1175
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1175 (Bocanegra)
          As Amended  August 18, 2014
          Majority vote
           
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          |ASSEMBLY:  |     |(May 24, 2013)  |SENATE: |25-10|(August 21,    |
          |           |     |                |        |     |2014)          |
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               (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  








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          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  








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          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 


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