BILL ANALYSIS
AB 219
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 219 (Ruskin)
As Amended August 2, 2010
Majority vote
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|ASSEMBLY: |74-0 |(April 2, 2009) |SENATE: |36-0 |(August 23, 2010) |
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|COMMITTEE VOTE: |8-0 |(August 25, 2010) |RECOMMENDATION: |Concur |
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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
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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.
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
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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
FN:
0006774