BILL NUMBER: AB 732 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 24, 2015
AMENDED IN SENATE JUNE 1, 2015
AMENDED IN ASSEMBLY APRIL 8, 2015
INTRODUCED BY Assembly Member Cooper
( Coauthors: Assembly Members
Bigelow, Chávez, and Dahle )
FEBRUARY 25, 2015
An act to amend Sections 20751, 20754, 20755, 20756, 20757,
20758, 21283, 21283.5, 21285, 21288, 21288.5, 21563, and 21563.5 of,
and to add Section 21060.4 to to,
the Food and Agricultural Code, relating to livestock.
livestock, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 732, as amended, Cooper. Cattle inspection: exemption.
Cattle protection: brands: inspection: fees.
(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.
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.
(2) Existing law requires cattle to be
inspected before being moved or transported under certain
circumstances, including whenever cattle are sold. 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.
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, at the time
within 30 days 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 on in a form and in a
time frame permit application to be prescribed
by the department. By creating a new crime, this bill would impose a
state-mandated local program. 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.
(3) 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: no yes
. Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 20751 of the Food
and Agricultural Code is amended to read:
20751. The fee for each application for recording a brand is
sixty dollars ($60). seventy dollars ($70).
SEC. 2. Section 20754 of the Food and
Agricultural Code is amended to read:
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 sixty dollars
($60) seventy dollars ($70) for the right to
continue to use the brand.
SEC. 3. Section 20755 of the Food and
Agricultural Code is amended to read:
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
sixty dollars ($60). seventy dollars ($70).
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
thirty thirty-five dollars ($30)
($35) 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.
SEC. 4. Section 20756 of the Food and
Agricultural Code is amended to read:
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
sixty dollars ($60) seventy dollars ($70)
plus a twenty-five dollar ($25) penalty fee.
SEC. 5. Section 20757 of the Food and
Agricultural Code is amended to read:
20757. (a) Except as provided in subdivision (b), the fee for
rerecording a forfeited or canceled brand shall be one hundred
twenty dollars ($120). forty dollars ($140).
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
director secretary , the fee to
rerecord shall be sixty dollars ($60).
seventy dollars ($70).
SEC. 6. Section 20758 of the Food and
Agricultural Code is amended to read:
20758. The fee for recording the transfer of a brand, including a
new certificate, is sixty dollars ($60).
seventy dollars ($70).
SECTION 1. SEC. 7. 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, at the time
within 30 days of ownership transfer,
self-certify, under penalty of perjury, to the department as to their
ownership in the cattle on in a
form and in a time frame permit application
prescribed by the department.
(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.
(c)
(d) 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.
(d)
(e) A violation of this section shall be subject to the
penalties described in Section 21051.3.
SEC. 8. Section 21283 of the Food and
Agricultural Code is amended to read:
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 five
twenty-five cents ($1.05)
($1.25) for each animal which that
is inspected, except as follows:
(1) The fee for inspection at a registered feedlot, as defined in
Section 20015, is fifty-four sixty-four
cents ($0.54) ($0.64) for each animal
which that is inspected.
(2) The fee for inspecting any an
animal which that originated in another
state and was shipped into this state for feeding direct to a
registered feedlot is thirty-six forty-three
cents ($0.36) ($0.43) for each
animal which that is inspected.
(3) The fee for inspecting an animal which
that was inspected at a posted stockyard or posted saleyard in
this state state, and shipped direct
to a registered feedlot feedlot, is
thirty-six forty-three cents
($0.36) ($0.43) for each animal which
that is inspected.
SEC. 9. Section 21283.5 of the Food and
Agricultural Code is amended to read:
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 five
twenty-five cents ($1.05)
($1.25) shall be paid at the point of inspection for each
animal which that is inspected.
SEC. 10. Section 21285 of the Food and
Agricultural Code is amended to read:
21285. The fee is one dollar and five
twenty-five cents ($1.05) ($1.25)
for the inspection before sale of each animal at a public saleyard
which that 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.
SEC. 11. Section 21288 of the Food and
Agricultural Code is amended to read:
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 which that are
accompanying their mothers, is one dollar and five
twenty-five cents ($1.05) ($1.25)
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.
SEC. 12. Section 21288.5 of the Food
and Agricultural Code is amended to read:
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
involved involved, the inspection fee is one
dollar and five twenty-five cents
($1.05) ($1.25) per head.
SEC. 13. Section 21563 of the Food and
Agricultural Code is amended to read:
21563. Except as otherwise provided in this article, the fee
shall be paid at the point of inspection and is one dollar and
forty-four seventy cents
($1.44) ($1.70) for each carcass or hide
which that is inspected.
SEC. 14. Section 21563.5 of the Food
and Agricultural Code is amended to read:
21563.5. The fee for the inspection of each carcass or hide shall
be one dollar and forty-four seventy
cents ($1.44) ($1.70) 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.
SEC. 2. SEC. 15. 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.