Amended in Senate August 12, 2013

Amended in Senate June 26, 2013

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, and to amend Section 75121 of the Public Resources Code, relating to agriculture.

LEGISLATIVE COUNSEL’S DIGEST

AB 1319, as amended, Eggman. Agriculture.

(1) Existing 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 and that determination is final.

(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 Natural 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.

Existing law and the Governor’s Reorganization Plan No. 2 of 2012, effective July 3, 2012, and operative July 1, 2013, assigns and reorganizes the various functions of state government among executive officers and agencies by, among other things, creating thebegin delete Business, Consumer Services, and Housing Agency andend delete Transportation Agencybegin delete, eachend delete headed by a secretary.

This bill would add the Secretary of Food and Agriculturebegin delete and the Secretary of Business, Consumer Services, and Housing as membersend deletebegin insert as a memberend insert of the Strategic Growth Council. The bill would enact other statutory changes necessary to reflect the changes in law made by the Governor’s Reorganization Plan No. 2 relating to the Transportation Agency.

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

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

P3    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.

9(b) From the United States Department of Agriculture, any sum
10that is authorized to be paid to the owner from any appropriation
11that is made by the United States Department of Agriculture to
12assist in the eradication of brucellosis in cattle in this state.

13

SEC. 3.  

Section 10422 of the Food and Agricultural Code is
14repealed.

15

SEC. 4.  

Section 10422 is added to the Food and Agricultural
16Code
, to read:

17

10422.  

The value of a nonreacting animal that is slaughtered
18shall be determined by appraisement by a representative of the
19department or a representative of the Agricultural Research Service
20of the United States Department of Agriculture, and by the owner
21or his or her agent. If these persons do not agree on the valuation
22of the animal, the animal shall be appraised by the chief appraiser
23of the department, or his or her representative. In either event, the
24value that is determined is final.

25

SEC. 5.  

Section 10422.5 is added to the Food and Agricultural
26Code
, to read:

27

10422.5.  

If a nonreacting animal is slaughtered pursuant to this
28article, and indemnity funds are available, the owner of the animal
29may receive part or all of the following:

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

31(b) From the United States Department of Agriculture, any sum
32that is authorized to be paid to the owner from any appropriation
33that is made by the United States Department of Agriculture to
34assist in the eradication of brucellosis in cattle in this state.

begin delete
35

SEC. 6.  

Section 75121 of the Public Resources Code is
36amended to read:

37

75121.  

(a) The Strategic Growth Council is hereby established
38in state government and it shall consist of the Director of State
P4    1Planning and Research, the Secretary of the Natural Resources
2Agency, the Secretary for Environmental Protection, the Secretary
3of Transportation, the Secretary of California Health and Human
4Services, the Secretary of Business, Consumer Services, and
5 Housing, the Secretary of Food and Agriculture, and one member
6of the public to be appointed by the Governor. The public member
7shall have a background in land use planning, local government,
8resource protection and management, or community development
9or revitalization.

10(b) Staff for the council shall be reflective of the council’s
11membership.

end delete
12begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 75121 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
13amended to read:end insert

14

75121.  

(a) The Strategic Growth Council is hereby established
15in state government and it shall consist of the Director of State
16Planning and Research, the Secretary of thebegin insert Naturalend insert Resources
17Agency, the Secretary for Environmental Protection, the Secretary
18ofbegin delete Business, Transportation and Housing,end deletebegin insert Transportation,end insert the
19Secretary of California Health and Human Services, the Secretary
20of Business, Consumer Services, and Housing,begin delete andend deletebegin insert the Secretary
21of Food and Agriculture, andend insert
one member of the public to be
22appointed by the Governor. The public member shall have a
23background in land use planning, local government, resource
24protection and management, or community development or
25revitalization.

26(b) Staff for the council shall be reflective of the council’s
27membership.



O

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