BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 219
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 219 (Ruskin)
          As Introduced  February 4, 2009
          Majority vote 

           AGRICULTURE         8-0                                         
           
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          |Ayes:|Galgiani, Tom Berryhill,  |     |                          |
          |     |Arambula, Conway, Fuller, |     |                          |
          |     |Ma, Mendoza, Yamada       |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
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           SUMMARY  :  Increases the civil penalties to every operator of a  
          motor vehicle from $1,000 to $2,500 per violation, for not  
          obtaining a certificate of inspection when entering the State of  
          California with a shipment of any agricultural commodity, and  
          makes technical, non-substantive changes.

          EXISTING LAW  requires every operator of a motor vehicle, upon  
          entering California with a shipment of any agricultural  
          commodity, to have the vehicle and the shipment inspected, and  
          requires that an inspection certificate be obtained.  Failure to  
          obtain this certificate would result in a civil penalty of  
          $1,000 per violation.  Statute directs the courts, in  
          determining the severity of the penalty, to consider any prior  
          violations of the same nature within the preceding 24-month  
          period, the commodity being transported, and evidence of  
          deviation of routes to avoid inspection.  

           FISCAL EFFECT  :  Legislative Counsel has keyed this bill as no  
          fiscal effect.

           COMMENTS  :  According to the Center for Invasive Species Research  
          (CISR) at U.C. Riverside:  "California agricultural losses to  
          exotic pests exceed $3 billion annually."  They say that every  
          60 days, California gains a new and potentially damaging  
          invasive species.  Our state's unique climate and geography  
          provides the diverse ecosystems which are perfect for new pests.  
           "CISR's researchers lead the way to determine how pests enter  
          California, where invading populations came from and why these  
          pests are successful in establishing California as their home."   
          There are over 45 different invasive species of pests currently  








                                                                  AB 219
                                                                  Page  2


          being studied by the CISR.  These pests are not only problems  
          for agricultural interests but are also a concern to the state's  
          environment, causing millions of dollars in damage.  Invasive  
          plants, pests and exotic diseases affect all of California.

          The inspection stations are the first line of defense in  
          preventing the introduction of an exotic or invasive pest, plant  
          or disease.  The clich? that 'an ounce of prevention is worth a  
          pound of cure' is applicable.  Inspection stations are that  
          ounce of prevention.  Additionally, there are other avenues into  
          California, including sea ports, airports, postal and carrier  
          receiving sites, that also should be inspected.  It is estimated  
          that the total cost needed for all inspections would approach  
          $100 million annually.  Unfortunately, due to California's  
          fiscal situation, that has not been possible.

          Due to fiscal constraints of the state, of these 16 boarder  
          stations, seven were reduced to part-time in the late 1990's and  
          all private vehicle inspections were discontinued at all  
          stations in July 2002.  Since October 2008, all stations have  
          resumed 24 hour, seven days a week operations and private  
          vehicle inspection, except for the Friday furloughs established  
          by the Governor.

          Any reduction in inspections have a direct increase in exposure  
          to California for the introduction of invasive/exotic pests,  
          plants or diseases that can harm the environment, lakes, rivers  
          and bays, forests, agriculture, and population.  



           Analysis Prepared by  :    Jim Collin / AGRI. / (916) 319-2084 



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