BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 1319
          Author:   Eggman (D)
          Amended:  8/12/13 in Senate
          Vote:     21

           
           SENATE AGRICULTURE COMMITTEE  :  4-0, 7/2/13
          AYES:  Galgiani, Cannella, Berryhill, Wolk
          NO VOTE RECORDED:  Lieu
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8
           
          ASSEMBLY FLOOR  :  74-0, 5/23/13 (Consent) - See last page for  
            vote


           SUBJECT  :    Agriculture

           SOURCE  :     Author


           DIGEST  :    This bill eliminates state indemnity compensation for  
          the slaughter of brucellosis-positive cattle and provides equal  
          compensation to owners of reacting (diseased) and non-reacting  
          (exposed) cattle slaughtered for the purpose of brucellosis  
          eradication.  This bill also adds the Secretary of the  
          Department of Food and Agriculture (DFA) to the Strategic Growth  
          Council (SGC).

           ANALYSIS  :    

          Existing law:

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          1. Establishes, the Cooperative State-Federal Brucellosis  
             Eradication Program in 1934 to eradicate brucellosis from the  
             United States.  Animals testing positive or those exposed to  
             brucellosis must be eradicated to prevent further spread of  
             the disease.  According to the Animal and Plant Health  
             Inspection Service of the U.S. Department of Agriculture  
             (APHIS-USDA), all 50 states have been officially designated  
             as Class Free for bovine brucellosis, despite detections in  
             the Greater Yellowstone Area where the disease is endemic in  
             wild elk and bison.  However, surveillance continues to  
             ensure no resurgence or reintroduction of the disease in  
             domestic livestock.

          2. Authorizes DFA to regulate brucellosis eradication.  DFA is  
             authorized to establish brucellosis control areas, limit  
             cattle movement, order tests or vaccinations, and prevent  
             brucellosis spread by other means deemed necessary.  Any  
             animal tested positive for brucellosis must be slaughtered  
             within 30 days.  The owner of such an animal shall receive  
             all proceeds from the sale of the salvage of the animal,  
             indemnity compensation from the federal government, and up to  
             $300 from the state if the appraised value of the animal  
             exceeds the two previously mentioned sources of funds, as  
             specified.  

          This bill:

          1. Eliminates state indemnity compensation to owners of cattle  
             slaughtered for the purposes of brucellosis eradication.

          2. Clarifies the use of indemnity funds available from the USDA  
             to assist in the eradication of brucellosis in cattle.

          3. Provides equal indemnity compensation for owners of reacting  
             and non-reacting cattle that are slaughtered for purposes of  
             brucellosis eradication.

          4. Adds the Secretary of DFA to the SGC and makes conforming  
             changes to avoid conflict with other bills amending this  
             section.

           Background 
           
          Brucellosis is a contagious bacterial disease that threatens  

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          cattle health and wellness.  According to APHIS-USDA,  
          brucellosis is one of the most serious diseases in that it  
          affects milk production, induces weight loss, and causes  
          abortion, infertility, and lameness.  Brucellosis is rapidly  
          spread throughout a herd and is a zoonotic disease, meaning it  
          can be transmitted across species and infect other livestock  
          (bison, pigs), and even humans.  No cure is known, however a  
          vaccine is available for cattle and bison to prevent the spread  
          of the disease.

          For any non-reacting animal within a brucellosis control area  
          that has been determined by the Secretary of DFA to be sent to  
          slaughter, the owner shall receive the difference between the  
          appraised value of the animal and the proceeds of the sale of  
          the salvage, not to exceed $400 for any grade animal or $500 for  
          any purebred animal, less the indemnity paid by USDA.  The  
          appraisal shall be conducted by a representative of DFA or USDA  
          and the owner or his/her agent.  If an agreement of valuation is  
          not met, the animal shall be appraised by the chief appraiser of  
          DFA or his/her representative, and this appraisal shall be  
          final.  

          SGC was created in 2008 as a cabinet-level committee that is  
          tasked with coordinating the activities of member state agencies  
          to improve air and water quality, protect natural resources and  
          agricultural lands, increase the availability of affordable  
          housing, promote public health, improve transportation,  
          encourage greater infill and compact development, revitalize  
          community and urban centers, and assist state and local entities  
          in the planning of sustainable communities and meeting AB 32  
          goals.  Current members include 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 Health  
          and Human Services, and one member of the public appointed by  
          the Governor.

          California's Health in All Policies Task Force (Task Force) was  
          established by Executive Order S-04-10 in February 2010 to  
          advance multiple goals in order to support a healthier and more  
          sustainable California.  Created under the auspices of the SGC,  
          the Task Force developed a broad-ranging set of recommendations  
          geared toward improving the efficiency, cost-effectiveness, and  
          collaborative nature of state government, while advancing the  

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          SGC's goals.  The DFA along with 18 additional state agencies,  
          departments, and offices participated on the Task Force.

           Prior Legislation
           
          AB 2605 (Bordonaro/McPherson, Chapter 653, Statutes of 1996)  
          conforms existing law to federal law for the permanent marking  
          of animals infected or exposed to brucellosis, among other  
          provisions.

          SB 732 (Steinberg, Chapter 729, Statutes of 2008) establishes  
          the SGC to coordinate programs of member state agencies.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/13/13)

          California Grain and Feed Association

           ARGUMENTS IN SUPPORT  :    According to the author, "Historically,  
          California had funds to participate in funding (brucellosis)  
          eradication.  In recent years of budget shortfalls and  
          significant reductions to the state's General Fund and the  
          California Department of Food and Agriculture's budget, these  
          funds have been lost.  Due to these facts, the statute needs to  
          be changed to reflect non-state participation in indemnity  
          program funding."  

          According to those in support, "This bill will create a  
          framework for providing compensation for owners whose animals  
          were depopulated even though they were not infected.   
          Depopulating herds if one or more animals are determined to be  
          infected significantly decreases the spread of the disease.   
          This bill provides that an owner of the non-infected animal  
          receive the same compensation as the affected animal."

          Furthermore, according to the author, the Secretary of DFA  
          should be included as a member of the SGC to "ensure communities  
          have access to local and regional food sources."

          In a letter from the Board of Food and Agriculture to Governor  
          Brown dated August 10, 2012, the Board presented findings  
          related to a recent board meeting concerning agricultural land  

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          preservation and conservation.  As part of its findings, the  
          Board recommended that DFA be added as a member of the  
          California Strategic Growth Council, given that "CDFA can be a  
          strong contributor to this committee with its expertise and  
          oversight on farming, direct marketing, and protection of  
          agricultural and public lands from invasive species."

           ASSEMBLY FLOOR  :  74-0, 5/23/13
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,  
            Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,  
            Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  
            Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,  
            Gray, Hagman, Hall, Harkey, Roger Hernández, Jones-Sawyer,  
            Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,  
            Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,  
            Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel  
            Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,  
            Ting, Wagner, Weber, Wieckowski, Wilk, Williams, Yamada, John  
            A. Pérez
          NO VOTE RECORDED:  Grove, Holden, Jones, Waldron, Vacancy,  
            Vacancy


          JL:k  8/13/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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