BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 219|
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Third Reading
Bill No: AB 219
Author: Ruskin (D)
Amended: 8/2/10 in Senate
Vote: 21
SENATE AGRICULTURE COMMITTEE : 4-0, 7/7/09
AYES: Florez, Maldonado, Hancock, Hollingsworth
NO VOTE RECORDED: Pavley
ASSEMBLY FLOOR : 74-0, 4/2/09 - See last page for vote
SUBJECT : Pest control: plant quarantine inspection
stations
SOURCE : Author
DIGEST : This bill 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.
Senate Floor Amendments of 8/2/10 add language that enable
persons serving in any government elected or appointed
capacity to also serve on the State Food and Agriculture
Board. Specifically the amendments require the State Board
of Food and Agriculture industry members excuse themselves
from board decisions which they are connected as director,
officer, employee, or have a financial interest in the
CONTINUED
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decision.
ANALYSIS : 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.
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 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.
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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.
Recent amendments address issues raised by the Governor's
legal office which would preclude persons already serving
on a government board or commission from also serving on
the State Board of Food and Agriculture, which would
prevent a number of agriculture industry leaders from
serving at the state level. The language in this bill is
similar to language used for the State Water Board.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/3/10)
Regional Council of Rural Counties
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian,
Logue, Bonnie Lowenthal, Mendoza, Miller, Monning, Nava,
Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Price, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
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Torlakson, Torres, Torrico, Villines, Yamada, Bass
NO VOTE RECORDED: Davis, Hall, Harkey, Lieu, Ma, Tran
TSM:do 8/4/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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