Amended in Senate June 19, 2013

Amended in Assembly March 18, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1319


Introduced by Assembly Member Eggman

February 22, 2013


An act to add Section 10422.5 to, and to repeal and add Sections 10405 and 10422 of, the Food and Agricultural Code,begin insert and to amend Section 75121 of the Public Resources Code,end insert relating tobegin delete diseased animalsend deletebegin insert agricultureend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 1319, as amended, Eggman. begin deleteBovine animals: brucellosis: slaughter: indemnity. end deletebegin insertAgriculture.end insert

begin delete

Existing

end delete

begin insert(1)end insertbegin insertend insertbegin insertExistingend insert law provides for the regulation of animals and pests for the prevention and control of disease. Existing law requires that any bovine animal in a brucellosis control area that reacts positively to a test for brucellosis be immediately identified pursuant to the regulations of the Secretary of Food and Agriculture and requires that the animal be slaughtered within 30 days in accordance with the regulations of the secretary. Existing law also authorizes the secretary to identify nonreacting animals in the same herd and to require the slaughter of those animals if certain requirements are satisfied.

Existing law requires that if an animal in a brucellosis control area is slaughtered pursuant to these provisions, or under regulations of the secretary which are made pursuant to these provisions, the owner shall receive compensation, as specified. Existing law also provides indemnity, as provided, to the owner of a nonreacting animal that is slaughtered.

This bill would revise and recast these provisions to delete any compensation from the state and would provide that if a nonreacting animal is slaughtered pursuant to these provisions the owner would receive the same compensation as the owner of an animal that tested positive for brucellosis. The bill would require that the value of a nonreacting animal that is slaughtered be determined by appraisement by a representative of the Department of Food and Agriculture, or a representative of the Agricultural Research Service of the United States Department of Agriculture, and by the owner or his or her agent. The bill would also require that if these persons do not agree on the valuation of the animal, the animal be appraised by the chief appraiser of the Department of Food and Agriculture or his or her representative andbegin delete thatend delete that determination is final.

begin insert

(2) Existing law establishes the Strategic Growth Council and requires it, among other things, to provide, fund, and distribute data and information to local governments and regional agencies that will assist in developing and planning sustainable communities. Under existing law, the Strategic Growth Council consists of the Director of State Planning and Research, the Secretary of the Resources Agency, the Secretary for Environmental Protection, the Secretary of Business, Transportation and Housing, the Secretary of California Health and Human Services, and one public member appointed by the Governor.

end insert
begin insert

This bill would add the Secretary of Food and Agriculture as a member of the Strategic Growth Council.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 10405 of the Food and Agricultural Code
2 is repealed.

3

SEC. 2.  

Section 10405 is added to the Food and Agricultural
4Code
, to read:

5

10405.  

If an animal is slaughtered pursuant to this article, and
6indemnity funds are available, the owner of the animal may receive
7part or all of the following:

8(a) The proceeds of the sale of the salvage of the animal.

P3    1(b) From the United States Department of Agriculturebegin insert,end insert any sum
2that is authorized to be paid to the owner from any appropriation
3that is made by the United States Department of Agriculture to
4assist in the eradication of brucellosis in cattle in this state.

5

SEC. 3.  

Section 10422 of the Food and Agricultural Code is
6repealed.

7

SEC. 4.  

Section 10422 is added to the Food and Agricultural
8Code
, to read:

9

10422.  

The value of a nonreacting animal that is slaughtered
10shall be determined by appraisement by a representative of the
11department or a representative of the Agricultural Research Service
12of the United States Department of Agriculture, and by the owner
13or his or her agent. If these persons do not agree on the valuation
14of the animal, the animal shall be appraised by the chief appraiser
15of the department, or his or her representative. In either event, the
16value that is determined is final.

17

SEC. 5.  

Section 10422.5 is added to the Food and Agricultural
18Code
, to read:

19

10422.5.  

If a nonreacting animal is slaughtered pursuant to this
20article, and indemnity funds are available, the owner of the animal
21may receive part or all of the following:

22(a) The proceeds of the sale of the salvage of the animal.

23(b) From the United States Department of Agriculture, any sum
24that is authorized to be paid to the owner from any appropriation
25that is made by the United States Department of Agriculture to
26assist in the eradication of brucellosis in cattle in this state.

27begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 75121 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
28amended to read:end insert

29

75121.  

(a) The Strategic Growth Council is hereby established
30in state government and it shall consist of the Director of State
31Planning and Research, the Secretary of the Resources Agency,
32the Secretary for Environmental Protection, the Secretary of
33Business, Transportation and Housing, the Secretary of California
34Health and Human Services,begin insert the Secretary of Food and Agriculture,end insert
35 and one member of the public to be appointed by the Governor.
36The public member shall have a background in land use planning,
37local government, resource protection and management, or
38community development or revitalization.

P4    1(b) Staff for the council shall be reflective of the council’s
2membership.



O

    97