BILL ANALYSIS                                                                                                                                                                                                    Ó





                             SENATE JUDICIARY COMMITTEE
                         Senator Hannah-Beth Jackson, Chair
                             2015-2016  Regular  Session


          AB 2755 (Gallagher)
          Version: April 11, 2016
          Hearing Date:  June 14, 2016
          Fiscal: No
          Urgency: No
          RD   


                                        SUBJECT
                                           
                         Agriculture:  bees:  civil remedies

                                      DESCRIPTION  

          This bill would provide for treble damages, as specified, plus  
          an amount in fair compensation for the time and money properly  
          expended by the plaintiff in recovering or replacing the bees,  
          in any civil action for: (1) the wrongful and willful taking,  
          possessing, harboring, or transporting of a beehive; (2) the  
          wrongful and willful removal of bees from their beehive; or (3)  
          the wrongful and willful killing or destroying of bees without  
          the consent of the owner or the person lawfully in possession of  
          those bees.  This bill would include legislative intent language  
          to that end, and would set forth various legislative findings  
          and declarations relating to bees.  

                                      BACKGROUND  

          California law, the Apiary Protection Act, recognizes the  
          importance of a healthy and vibrant apiary industry to the  
          economy and welfare of the people of the State of California,  
          and declares that the protection and promotion of this important  
          industry is in the interest of this State.  Accordingly, the Act  
          governs bee management and beekeepers, and in doing so  
          establishes various enforcement mechanisms and penalties for  
          violations of the Act.  (See Food & Agr. Code Sec. 29000 et  
          seq.)  

          According to various reports, in recent years, thieves have been  
          stealing commercial beehives, disrupting operations for  








          AB 2755 (Gallagher)
          Page 2 of ? 

          beekeepers and almond growers (which rely on pollination).  For  
          example, an article from February of this year detailed how one  
          California beekeeping family discovered that 280 of their  
          beehives were missing as they were about to be moved into nearby  
          almond orchards-a loss estimated at $100,000, which includes  
          both pollination income and the overall value of the hives. That  
          same article detailed that about 240 beehives were stolen from  
          two other bee yards in Glenn County in January, and another 210  
          were stolen from a beekeeper in Kern County.  (See Souza,  
          AgAlert, Beehive Thefts Add to Pressures at Bloom Time (Feb. 10,  
          2016)  [as of May 19,  
          2016].)  According to another report: 

            The $6 billion California almond industry wouldn't exist if  
            honeybees weren't brought in from around the US. 90 percent of  
            all the commercial beehives colonized in the US are rented out  
            to the California almond industry each year. Commercial hives  
            are brought in from Michigan to Idaho. Some hives are trucked  
            in all the way from the East Coast. As the pollinators  
            continue to die off each year, it's becoming harder and more  
            expensive to sustain important crops such as the almonds.
            
            To make matters worse, counties in California are now  
            reporting that mass beehive thefts are on the rise. Butte  
            County Sheriff's Detective, Jay Freeman, says the bee hive  
            thefts have been "picking up this year" which "could be due to  
            the increased prices and pollination fees and also a shortage  
            of bees coming into California as well." At least a half dozen  
            thefts have been reported in Glenn, Kern, Colusa and Sutter  
            counties. In Butte [C]ounty, the thefts have become a big  
            deal. According to the Butte County Sheriff's Office,  
            "information that over 500 beehives have been reported stolen  
            in two separate incidents which took place in two neighboring  
            counties over the last two weeks."  (Devon, Natural News,  
            Honeybee Populations Are Collapsing So Rapidly That Bee Hive  
            Thefts Are Now on the Rise (Feb. 19, 2016)  
             [as of May 19, 2016].)  

          In 2008, AB 2849 (Evans, 2008) would have enacted a  
          substantially identical law as proposed by this bill to provide  
          for specified remedies that would be available in a civil action  
          involving the wrongful and willful taking, possessing,  
          harboring, or transporting of a beehive, for the wrongful and  
          willful removal of bees from their beehive, or for the wrongful  







          AB 2755 (Gallagher)
          Page 3 of ? 

          and willful killing or destroying of bees without the consent of  
          the owner or the person lawfully in possession of those bees.   
          Despite unanimous support throughout both houses, the bill was  
          ultimately vetoed by Governor Schwarzenegger for reasons  
          unrelated to the underlying policy of the bill.  (See Comment  
          3.) 

          Like AB 2849, this bill would allow a plaintiff to recover three  
          times the value of the bees at the time of the taking,  
          possessing, harboring, transporting, destroying, or vandalizing  
          of the bees, plus an amount in fair compensation for the time  
          and money properly expended by the plaintiff in recovering or  
          replacing the bees, for any wrongful and willful taking,  
          possessing, harboring, or transporting of a beehive, removal of  
          bees from their beehive, or killing or destroying of bees  
          without the consent of the owner or the person lawfully in  
          possession of those bees.

                                CHANGES TO EXISTING LAW
           
           Existing law  provides that for every wrong there is a remedy.   
          (Civ. Code. Sec. 3523.) 
               
           Existing law  provides that every person is bound, without  
          contract, to abstain from injuring the person or property of  
          another, or infringing upon any of his or her rights.  (Civ.  
          Code Sec. 1708.)  

          Existing law  provides that one who obtains a thing without the  
          consent of its owner, or by a consent afterwards rescinded, or  
          by an unlawful exaction which the owner could not at the time  
          prudently refuse, must restore it to the person from whom it was  
          thus obtained, unless he has acquired a title thereto superior  
          to that of such other person, or unless the transaction was  
          corrupt and unlawful on both sides.  (Civ. Code Sec. 1712.) 

           Existing law  , the Apiary Protection Act, governs bee management  
          and beekeepers and establishes enforcement mechanisms and  
          specifies various penalties for violations of the Act.  (Food &  
          Agr. Code Sec. 29000 et seq.)  Existing law finds and declares  
          that a healthy and vibrant apiary industry is important to the  
          economy and welfare of the people of the State of California,  
          and that the protection and promotion of this important industry  
          is in the interest of the people of the State of California.   
          (Food & Agr. Code Sec. 29000.)







          AB 2755 (Gallagher)
          Page 4 of ? 


           Existing law  provides that every person who feloniously steals,  
          takes, carries, leads, or drives away the personal property of  
          another is guilty of theft, as specified.  (Pen. Code Sec. 484.)

           Existing law  provides that "grand theft" is any theft where the  
          money, labor, or real or personal property taken, or when the  
          property is taken from the person of another is of a value  
          exceeding $950, except as specified.  (Pen. Code Sec.  
          487(a)-(c).)

           Existing law  provides that theft in other cases is petty theft  
          and is punishable by a fine not exceeding $1,000, or by  
          imprisonment in the county jail not exceeding six months, or  
          both.   (Pen. Code Secs. 488, 490.)
           
           This bill  would provide that in any civil action for the  
          wrongful and willful taking, possessing, harboring, or  
          transporting of a beehive, for the wrongful and willful removal  
          of bees from their beehive, or for the wrongful and willful  
          killing or destroying of bees without the consent of the owner  
          or the person lawfully in possession of those bees, the damage  
          caused to the plaintiff shall be three times the value of the  
          bees at the time of the taking, possessing, harboring,  
          transporting, destroying, or vandalizing of the bees, plus an  
          amount in fair compensation for the time and money properly  
          expended by the plaintiff in recovering or replacing the bees.

           This bill  would set forth various findings and declarations,  
          including: 
           California has the largest beekeeping industry of any state in  
            the United States. Nearly 500,000 colonies of bees are  
            operated by 400 commercial and semicommercial beekeepers;
           nearly three-fourths of the country's documented commercial  
            honeybee crop pollination is conducted in California;
           drastic reductions in populations of native insect pollinators  
            have created a great need for honeybee pollination to ensure  
            reseeding and perpetuation of wild plants. These plants serve  
            as sources of fruits, nuts, and vegetation for consumption by  
            various birds and mammals; and
           in recent months, there has been a significant reduction in  
            the honeybee population due to Colony Collapse Disorder and  
            other problems such as poor nutrition due to lack of available  
            "bee pasture," that is, pollen- and nectar-producing flowers.  
            This has created a serious threat to our food supply, and this  







          AB 2755 (Gallagher)
          Page 5 of ? 

            crisis threatens to wipe out production of crops dependent on  
            bees for pollination.

           This bill  would state the intent of the Legislature to create  
          specific civil remedies for wrongfully taking, possessing,  
          harboring, transporting, destroying, or vandalizing bees.

                                        COMMENT
           
          1.   Stated need for the bill  

          According to the author: 

            Bees pollinate some of California's most valuable crops, such  
            as almonds. Our farmers are struggling with a dwindling bee  
            population and increasing costs associated with crop  
            pollination. Beekeepers throughout the state are under a  
            tremendous amount of pressure to keep up with the demand for  
            pollination and to overcome many environmental circumstances  
            to maintain healthy bee hives. Bee hive thefts have been on  
            the rise this year, therefore now is the time to protect  
            beekeepers' property and to keep this segment of our  
            agricultural economy vibrant.  

            AB 2755 provides for civil damages of three times the value of  
            bees that are unlawfully taken, possessed, harbored, or  
            transported from their beehive. These civil damages [ . . . ]  
            will dis-incentivize the theft of bees and assist in restoring  
            the losses of bee keepers.     

          In sponsor of this bill, the California State Beekeepers  
          Association writes in support that "due to the increasing costs  
          and high demand for commercial hives, there has been a rash of  
          beehive thefts across the state.  This problem has reached  
          epidemic levels.   Since January 1, 2016, 1,734 hive thefts have  
          been reported to the California State Beekeepers Association.   
          The theft of 200 beehives might be a $36,000 loss up front, but  
          the damage is often three times worse, when growers factor in  
          what the bees could have made pollinating crops."  
               


          2.   Treble damages  

          While the theft of bees already constitutes the criminal act of  







          AB 2755 (Gallagher)
          Page 6 of ? 

          petty or grand theft, this bill seeks to further deter such acts  
          by way of civil liability that allows for a victim to recover  
          three times the value of the bees at the time of the taking,  
          possessing, harboring, transporting, destroying, or vandalizing  
          of the bees, plus an amount in fair compensation for the time  
          and money properly expended by the plaintiff in recovering or  
          replacing the bees.  

          Generally, the authorization of treble damages permits a court  
          to triple the amount of the actual/compensatory damages to be  
          awarded to a prevailing plaintiff, in part to punish the losing  
          party for willful conduct.  Notably, treble damages are a  
          multiple of, and not an addition to, actual damages. Thus, where  
          a person received an award of $100 for an injury, a court  
          applying treble damages would raise the award to $300.  To this  
          end, staff notes that this bill's authorization for treble  
          damages appropriately applies only to the "wrongful and willful"  
          killing of bees.  Additionally, while the bill also allows the  
          plaintiff to be awarded an additional amount to compensate for  
          the time and money expended in recovering or replacing the bees,  
          this bill limits that recovery to fair compensation and to the  
          time and money that was properly (i.e., reasonably) expended. 

          Arguably, under existing law, while criminal charges can be  
          accompanied by not only jail time, but also fines, such  
          consequences might not sufficiently outweigh the potential  
          profit to the thief.  Additionally, even assuming that the thief  
          is caught and successfully prosecuted and punished, this does  
          not adequately compensate the victim beekeeper whose property  
          has been stolen and potentially irreparably damaged, and needs  
          to be replaced.  These beekeepers suffer the loss of not only  
          the value of the hives, including the honey production that  
          would come from those hives, but also the investment put into  
          building and caring for those hives and those costs of replacing  
          those hives.   Indeed, the sponsor of this bill, the California  
          State Beekeepers Association, asserts that the damage is often  
          three times worse than the loss up front, once the grower  
          factors in what the bees could have made pollinating crops.   
          (See Comment 1, above.)

          In support of the bill, the California Farm Bureau Federation  
          (CFBF) writes about the importance of honeybees to California  
          crops, without which production levels would be significantly  
          diminished.  "Unfortunately," CFPF writes, "the importance of  
          pollination services has not gone without notice by criminals  







          AB 2755 (Gallagher)
          Page 7 of ? 

          looking for financial gain. Just this year, more than 1,700  
          hives have been reported stolen.  This theft impacts not only  
          the beekeepers who owned them, but the farmers depending on  
          their pollination."  Furthermore, CFPF also notes that the  
          bill's approach to this problem by allowing for treble damages  
          "is not without precedent in California law.  Food and  
          Agriculture Code Section 21855 provides cattle owners with  
          damages in the amount of four times the value of their cattle in  
          addition to money expended in pursuit of the cattle.  Livestock  
          owners are eligible to receive twice the value of livestock  
          killed by dogs from the dog's owner, pursuant to Food and  
          Agriculture Code Section 31501."  

          3.   Governor's veto message of AB 2849  

          As noted in the Background, this bill is substantially identical  
          to AB 2849 (Evans, 2008) which was ultimately vetoed by Governor  
          Schwarzenegger.  In vetoing AB 2849, Governor Schwarzenegger  
          stated that he was forced to prioritize the bills sent for his  
          consideration because of the "historic delay in passing the  
          2008-2009 State Budget": 

            Given the delay, I am only signing bills that are the highest  
            priority for California. This bill does not meet that standard  
            and I cannot sign it at this time. 

           
           Support  :  California Citrus Mutual; California Farm Bureau  
          Federation; Community Alliance with Family Farmers; Sierra Club  
          California

           Opposition  :  None Known 

                                        HISTORY
           
           Source  :  California State Beekeepers Association

           Related Pending Legislation  :  None Known 

           Prior Legislation  :  None Known 

           Prior Vote  :

          Assembly Floor (Ayes 76, Noes 0)
          Assembly Judiciary Committee (Ayes 10, Noes 0)







          AB 2755 (Gallagher)
          Page 8 of ? 

          Assembly Agriculture Committee (Ayes 9, Noes 0)

                                   **************