BILL ANALYSIS �
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1319|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
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:
CONTINUED
AB 1319
Page
2
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
CONTINUED
AB 1319
Page
3
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
CONTINUED
AB 1319
Page
4
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
CONTINUED
AB 1319
Page
5
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, Ch�vez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,
Gray, Hagman, Hall, Harkey, Roger Hern�ndez, Jones-Sawyer,
Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
P�rez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting, Wagner, Weber, Wieckowski, Wilk, Williams, Yamada, John
A. P�rez
NO VOTE RECORDED: Grove, Holden, Jones, Waldron, Vacancy,
Vacancy
JL:k 8/13/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED