California Legislature—2013–14 Regular Session

Assembly BillNo. 1722


Introduced by Assembly Member Bigelow

February 13, 2014


An act to amend Section 21281.5 of, and to add Sections 20725 and 21051.6 to, the Food and Agricultural Code, relating to cattle, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 1722, as introduced, Bigelow. Cattle protection.

Existing law requires any person who desires to use a brand in this state to record the brand with the Bureau of Livestock Identification. Existing law provides for the suspension and forfeiture of the right to use a brand under specified circumstances, including, among others, for failure to pay specified fees, and makes it unlawful for any person to use an unrecorded, forfeited, or canceled brand. Existing law requires cattle to be inspected prior to being moved or transported under certain circumstances, including whenever cattle are sold. A person who violates those provisions is liable to the Secretary of Food and Agriculture for a civil penalty, as specified, and a violation of the cattle protection laws is generally a misdemeanor.

This bill would prohibit any person who is convicted of grand theft for feloniously stealing a horse, bovine animal, or specified other animals from registering and owning a brand for a period of 5 years following the date of conviction, and would require the secretary to terminate the person’s registration. The bill would require a person convicted of the offense specified above to submit to an inspection prior to any movement, transportation, or change in ownership. By expanding the scope of a crime, the bill would impose a state-mandated local program.

Existing law authorizes the secretary to impose a service charge not to exceed $10 for each site at which an inspection is performed, to be deposited in the Department of Food and Agriculture Fund and continuously appropriated to the department for certain purposes relating to cattle protection and livestock.

This bill would increase the amount the secretary is authorized to charge to $12. By increasing the amount of an existing fee, the revenue of which is deposited into a continuously appropriated fund, the bill would make an appropriation.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

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

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SECTION 1.  

Section 20725 is added to the Food and
2Agricultural Code
, to read:

3

20725.  

(a) Any person convicted of Section 487a of the Penal
4Code shall be prohibited from registering or owning, in whole or
5in part, a brand for a period of five years following the date of the
6conviction.

7(b) Upon being notified of the conviction, the secretary shall
8terminate the registration of any brand registered to a person
9convicted of Section 487a of the Penal Code.

10

SEC. 2.  

Section 21051.6 is added to the Food and Agricultural
11Code
, to read:

12

21051.6.  

(a) Notwithstanding any other law, for five years
13following the date of conviction, a person convicted of Section
14487a of the Penal Code shall submit to an inspection for any cattle
15in his or her ownership or care prior to any movement,
16transportation, or change in ownership.

17(b) A person required to submit to an inspection pursuant to this
18section shall pay to the secretary a fee, as established by the
19secretary, for the costs incurred in performing the inspection.

P3    1(c) A person required to submit to an inspection who violates
2a provision of this section shall be charged a civil penalty by the
3secretary of one thousand dollars ($1,000) per animal required to
4be inspected.

5

SEC. 3.  

Section 21281.5 of the Food and Agricultural Code is
6amended to read:

7

21281.5.  

In addition to other applicable fees, as provided by
8this chapter, thebegin delete directorend deletebegin insert secretaryend insert may impose a service charge
9in an amount not to exceedbegin delete tenend deletebegin insert twelveend insert dollarsbegin delete ($10)end deletebegin insert ($12)end insert for each
10site at which an inspection is performed.

11

SEC. 4.  

No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California
19Constitution.



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