BILL ANALYSIS
AB 219
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 219 (Ruskin)
As Amended August 2, 2010
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |74-0 |(April 2, 2009) |SENATE: |36-0 |(August 23, |
| | | | | |2010) |
-----------------------------------------------------------------
Original Committee Reference: AGRI.
SUMMARY : Allows any public officers associated with any area of
government, including agriculture, and whether elected or
appointed, may be appointed to, and may serve contemporaneously
as members of, the State Board of Food and Agriculture (board);
prohibits specified members of the board from participating in
any board action with which those members are connected with or
in which they have a financial interest within the meaning of
the Political Reform Act of 1974 (PRA), 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, and makes technical,
non-substantive changes.
The Senate amendments add provisions that allow public officers
to be appointed and serve at the same time on the board, but not
participate in any decisions of that board if they are connected
with, or have a financial interest within the meaning of the
PRA.
EXISTING LAW establishes the board, its membership, term of
office and responsibilities. Further, it 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.
AB 219
Page 2
AS PASSED THE ASSEMBLY , this bill increased 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 made technical, non-substantive
changes.
FISCAL EFFECT : None
COMMENTS : According to the author, recent applicants to the
board, that currently serve on the boards of agricultural
commissions or marketing orders or special districts, like
irrigation districts, have been disqualified because the
election to such boards has been deemed incompatible. The
Senate amendments add language found in the Water Code
pertaining to the State Water Resources Control Board, which
allows such individuals to serve on multiple boards as long as a
conflict of interest does not exist.
The Center for Invasive Species Research (CISR) at the
University of California-Riverside states that "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 CISR. These pests
not only cause 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.
AB 219
Page 3
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
FN: 0005552