Amended in Senate June 24, 2015

Amended in Senate June 1, 2015

Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 732

Introduced by Assembly Member Cooper

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(Coauthors: Assembly Members Bigelow, Chávez, and Dahle)

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February 25, 2015

An act to begin insert amend Sections 20751, 20754, 20755, 20756, 20757, 20758, 21283, 21283.5, 21285, 21288, 21288.5, 21563, and 21563.5 of, and to end insert add Section 21060.4 begin delete to end delete begin insert to, end insert the Food and Agricultural Code, relating to begin delete livestock. end delete begin insert livestock, and making an appropriation therefor. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 732, as amended, Cooper. begin delete Cattle inspection: exemption. end delete begin insert Cattle protection: brands: inspection: fees. end insert

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(1) Existing law establishes a system for the recordation of cattle brands and establishes various fees in connection with the recordation and the use of a brand, as specified. Existing law also establishes various inspection fees per cattle, as specified. Existing law requires these fees to be deposited in the Department of Food and Agriculture Fund, a continuously appropriated fund.

end insert begin insert

This bill would increase the inspection fees and other various fees in connection with the recordation and use of cattle brands. By increasing the amount of fees deposited in a continuously appropriated fund, this bill would make an appropriation.

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begin insert (2) end insert begin insert   end insert Existing law requires cattle to be inspected before being moved or transported under certain circumstances, including whenever cattle are sold. begin delete Existing law requires that inspection fees be paid at the point of inspection and that those fees be deposited into the Department of Food and Agriculture Fund. end delete

This bill would exempt cattle that are being sold or whose ownership is being transferred from these inspection provisions if the individual or entity with a controlling interest in the cattle remains unchanged, if the cattle will not be moved out of state or out of a modified point-of-origin inspection area, and if the cattle are associated with either a registered brand or dairy exemption number. The bill would require, begin delete at the time end delete begin insert within 30 days end insert of ownership transfer, all persons who have ownership in the cattle, including both the transferor and the transferee, to self-certify, under penalty of perjury, to the Department of Food and Agriculture as to their ownership in the cattle begin delete on end delete begin insert in end insert a begin delete form and in a time frame end delete begin insert permit application end insert to be prescribed by the department. By creating a new crime, this bill would impose a state-mandated local program. begin insert The bill would authorize the department to charge a fee to cover the reasonable costs of issuing or renewing the permit but would prohibit the fee from exceeding $50 or the department’s actual costs of conducting these activities. end insert

begin insert (3) end insert begin insert   end insert 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:  begin delete no end delete begin insert yes end insert . Fiscal committee: yes. State-mandated local program: yes.

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 20751 of the end insert begin insert Food and Agricultural Code end insert
begin insert is amended to read: end insert

20751.  

The fee for each application for recording a brand is
begin delete sixty dollars ($60). end delete begin insert seventy dollars ($70). end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 20754 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

20754.  

Except as otherwise provided in Section 20755, the
owner of a brand shall, on or before April 30th after its recordation,
pay to the bureau a biennial period renewal fee of begin delete sixty dollars
($60) end delete begin insert seventy dollars ($70) end insert for the right to continue to use the
brand.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 20755 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

20755.  

The owner of a recorded brand may, on or before April
30 of any year, pay in advance to the bureau a sum that is a multiple
of begin delete sixty dollars ($60). end delete begin insert seventy dollars ($70). end insert The payment entitles
him or her to use the brand for a minimum of two years, but not
to exceed 10 years, at the rate of begin delete thirty end delete begin insert thirty-five end insert dollars begin delete ($30) end delete
begin insert ($35) end insert per year on and after April 1 of that year. If the advance
payment is made, biennial renewals for the years within the period
for which advance payment has been made are not required.

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begin insert SEC. 4. end insert   

end insert

begin insert Section 20756 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

20756.  

If the right to use a brand is suspended for failure to
pay the renewal fee, it may be reinstated within one year from the
date of suspension upon the payment of the biennial renewal fee
of begin delete sixty dollars ($60) end delete begin insert seventy dollars ($70) end insert plus a twenty-five dollar
($25) penalty fee.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 20757 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

20757.  

(a) Except as provided in subdivision (b), the fee for
rerecording a forfeited or canceled brand shall be one hundred
begin delete twenty dollars ($120). end delete begin insert forty dollars ($140). end insert This amount shall
accompany the application to rerecord.

(b) When a penalty has been paid pursuant to Section 20222,
within 30 days of the date the application to rerecord is received
by the begin delete director end delete begin insert secretary end insert , the fee to rerecord shall be begin delete sixty dollars
($60). end delete begin insert seventy dollars ($70). end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 20758 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

20758.  

The fee for recording the transfer of a brand, including
a new certificate, is begin delete sixty dollars ($60). end delete begin insert seventy dollars ($70). end insert

begin delete SECTION 1. end delete
begin insert SEC. 7. end insert   

Section 21060.4 is added to the Food and Agricultural
Code, to read:

21060.4.  

(a) Inspection is not required in cases where cattle
are sold or ownership is transferred under all of the following
circumstances:

(1) The individual or entity with a controlling interest in the
cattle remains unchanged.

(2) The cattle will not be moved out of state or out of a modified
point-of-origin inspection area.

(3) The cattle are associated with either a registered brand or
dairy exemption number.

(b) All persons who have ownership in the cattle, including both
the transferor and the transferee, shall, begin delete at the time end delete begin insert within 30 days end insert
of ownership transfer, self-certify, under penalty of perjury, to the
department as to their ownership in the cattle begin delete on end delete begin insert in end insert a begin delete form and in
a time frame end delete begin insert permit application end insert prescribed by the department.

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(c) The department may charge a fee to cover the reasonable
costs of issuing or renewing the permit identified in subdivision
(b), but the fee shall not exceed fifty dollars ($50) or the
department’s actual costs of conducting these activities.

end insert begin delete

(c)

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begin insert (d) end insert  An owner of cattle that is otherwise exempt from inspection
pursuant to this section may elect to have that cattle inspected
pursuant to Section 21051.

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(d)

end delete

begin insert (e) end insert  A violation of this section shall be subject to the penalties
described in Section 21051.3.

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begin insert SEC. 8. end insert   

end insert

begin insert Section 21283 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

21283.  

(a) Unless otherwise provided in this article, inspection
fees shall be paid at the point of inspection.

(b) The fee for inspection is one dollar and begin delete five end delete begin insert twenty-five end insert cents
begin delete ($1.05) end delete begin insert ($1.25) end insert for each animal begin delete which end delete begin insert that end insert is inspected, except as
follows:

(1) The fee for inspection at a registered feedlot, as defined in
Section 20015, is begin delete fifty-four end delete begin insert sixty-four end insert cents begin delete ($0.54) end delete begin insert ($0.64) end insert for
each animal begin delete which end delete begin insert that end insert is inspected.

(2) The fee for inspecting begin delete any end delete begin insert an end insert animal begin delete which end delete begin insert that end insert originated
in another state and was shipped into this state for feeding direct
to a registered feedlot is begin delete thirty-six end delete begin insert forty-three end insert cents begin delete ($0.36) end delete begin insert ($0.43) end insert
for each animal begin delete which end delete begin insert that end insert is inspected.

(3) The fee for inspecting an animal begin delete which end delete begin insert that end insert was inspected
at a posted stockyard or posted saleyard in this begin delete state end delete begin insert state, end insert and
shipped direct to a registered begin delete feedlot end delete begin insert feedlot, end insert is begin delete thirty-six end delete begin insert forty-three end insert
cents begin delete ($0.36) end delete begin insert ($0.43) end insert for each animal begin delete which end delete begin insert that end insert is inspected.

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begin insert SEC. 9. end insert   

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begin insert Section 21283.5 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

21283.5.  

Except as otherwise provided in this article, on all
private treaty transaction inspections, as defined in Section 20026,
regardless of destination, the fee of one dollar and begin delete five end delete begin insert twenty-five end insert
cents begin delete ($1.05) end delete begin insert ($1.25) end insert shall be paid at the point of inspection for
each animal begin delete which end delete begin insert that end insert is inspected.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 21285 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

21285.  

The fee is one dollar and begin delete five end delete begin insert twenty-five end insert cents begin delete ($1.05) end delete
begin insert ($1.25) end insert for the inspection before sale of each animal at a public
saleyard begin delete which end delete begin insert that end insert is posted by the Secretary of Agriculture of
the United States or at a public saleyard if the animal originated
in another state and it was shipped to this state, consigned to that
public stockyard or public saleyard.

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begin insert SEC. 11. end insert   

end insert

begin insert Section 21288 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

21288.  

In a modified point-of-origin inspection area, as
provided in Section 21111, the fee for the inspection of cattle,
other than suckling calves begin delete which end delete begin insert that end insert are accompanying their
mothers, is one dollar and begin delete five end delete begin insert twenty-five end insert cents begin delete ($1.05) end delete begin insert ($1.25) end insert
per head if the cattle are transported out of the area for purposes
other than sale or slaughter and no change of ownership is involved.

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begin insert SEC. 12. end insert   

end insert

begin insert Section 21288.5 of the end insert begin insert Food and Agricultural Code end insert
begin insert is amended to read: end insert

21288.5.  

For cattle, other than suckling calves accompanying
their mothers, transported out of the state for purposes other than
sale or slaughter and where no change of ownership is begin delete involved end delete
begin insert involved, end insert the inspection fee is one dollar and begin delete five end delete begin insert twenty-five end insert cents
begin delete ($1.05) end delete begin insert ($1.25) end insert per head.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 21563 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

21563.  

Except as otherwise provided in this article, the fee
shall be paid at the point of inspection and is one dollar and
begin delete forty-four end delete begin insert seventy end insert cents begin delete ($1.44) end delete begin insert ($1.70) end insert for each carcass or hide
begin delete which end delete begin insert that end insert is inspected.

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 21563.5 of the end insert begin insert Food and Agricultural Code end insert
begin insert is amended to read: end insert

21563.5.  

The fee for the inspection of each carcass or hide
shall be one dollar and begin delete forty-four end delete begin insert seventy end insert cents begin delete ($1.44) end delete begin insert ($1.70) end insert for
each carcass and hide originating in those counties or geographical
areas where a point-of-origin inspection is maintained pursuant to
Article 4 (commencing with Section 21141) of Chapter 6.

begin delete SEC. 2. end delete
begin insert SEC. 15. end insert   

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