BILL ANALYSIS Ó
SENATE COMMITTEE on AGRICULTURE
Senator Cathleen Galgiani, Chair
BILL NO: AB 1722 HEARING: 06/17/14
AUTHOR: Bigelow FISCAL: Yes
VERSION: 03/12/14 CONSULTANT: Anne Megaro
Cattle protection.
SUMMARY :
This bill would prohibit anyone from registering or owning a
cattle brand for five years if convicted of grand theft for
stealing specified livestock. This bill would require such
person to submit any cattle in their possession for brand
inspection and to pay all costs incurred. This bill would
impose a civil penalty in the amount of $1,000 per animal found
in violation and would increase the service fee for cattle brand
inspections.
BACKGROUND AND EXISTING LAW :
Existing law provides for a system of cattle brand inspection as
cattle are moved and marketed within California. Cattle
branding is a form of identification used to protect the cattle
industry against losses by theft or by cattle straying.
The California Department of Food and Agriculture (CDFA) Bureau
of Livestock Identification is responsible for the
administration and enforcement of cattle protection by issuing
brand registration certificates and conducting inspections.
Generally, inspections are required whenever cattle are sold,
transported, have a transfer of ownership, and before entering a
feedlot or slaughterhouse. Funding for this program is entirely
supported through registration and inspection fees (Food and
Agricultural Code §20001 et seq.).
Existing law authorizes the secretary of CDFA to impose a
service fee not to exceed $10 per site for cattle brand
inspections. This fee, along with other specified fees and
penalties, are deposited in the Department of Agriculture Fund
and used for the administration and enforcement of cattle
protection provisions (Food and Agricultural Code §20281 et seq.
and 21281.5).
Existing law provides for civil and criminal penalties for
persons in violation of cattle branding laws. Stealing horses,
AB 1722 - Page 2
cattle, goats, sheep, pigs, or other specified farm animals is a
form of grand theft and punishable by a fee of $5,000 and/or
imprisonment for up to one year. Additionally, a person who
unlawfully takes the cattle of another must pay four times the
value of the cattle to the victim, plus the costs incurred for
time and money spent in pursuing the cattle (Penal Code §489;
Food and Agricultural Code §21855).
PROPOSED LAW :
This bill:
1. Prohibits anyone from registering or owning a cattle
brand for five years if convicted of livestock grand theft.
2. Requires the secretary of CDFA to terminate the cattle
brand registration of a person convicted of livestock grand
theft.
3. Requires a person for 5 years following a conviction of
livestock grand theft to submit any cattle in their
possession for a brand inspection prior to any movement,
transportation, or change of ownership.
4. Requires such person to pay a fee as determined by the
secretary of CDFA for the costs, including the costs of
time and mileage, incurred in performing the brand
inspection.
5. Levies a civil penalty in the amount of $1,000 per
animal for any person who violates the above provisions.
6. Increases the service fee from $10 to $12 per site for
cattle brand inspections.
COMMENTS :
Need for this bill: According to the author, this bill "seeks
to further deter livestock theft in California. Due to the
rising value of livestock and the increasing rate of theft,
deterring this crime has become more important than ever.
Ranchers in California make a living raising and selling
livestock, and when their animals are stolen, their ability to
earn a livelihood is threatened."
AB 1722 - Page 3
The Bureau of Livestock Identification reported that 3.43
million cattle were inspected from July 2012 to June 2013.
During this same time period, 1,357 cattle were reported missing
or stolen, valued at $860 each, a combined value of $1.17
million.
RELATED LEGISLATION :
AB 924 (Bigelow), Chapter 618, Statutes of 2013. Provides that
livestock grand theft is punishable by a fine not greater than
$5,000 and/or imprisonment up to one year and allocates fines to
the Bureau of Livestock Identification to be used for case
investigation.
AB 2332 (Agriculture), Chapter 568, Statutes of 2006. Increases
cattle inspection fees, permits specified transportation of dead
animals, and modifies the establishment of point-of-origin
inspection sites.
PRIOR ACTIONS :
Assembly Floor 75-0
Assembly Appropriations 17-0
Assembly Agriculture 6-0
SUPPORT :
California Cattlemen's Association (Sponsor)
Agricultural Council of California
California Chamber of Commerce
California Farm Bureau Federation
California Poultry Federation
Western United Dairymen
OPPOSITION :
None received