BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1912|
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THIRD READING
Bill No: AB 1912
Author: Evans (D), et al
Amended: 8/2/10 in Senate
Vote: 21
SENATE FOOD AND AGRICULTURE COMMITTEE : 4-1, 6/15/10
AYES: Florez, Emmerson, Hancock, Wolk
NOES: Hollingsworth
SENATE APPROPRIATIONS COMMITTEE : 9-1, 6/28/10
AYES: Kehoe, Cox, Alquist, Corbett, Denham, Leno, Price,
Wolk, Yee
NOES: Walters
NO VOTE RECORDED: Wyland
ASSEMBLY FLOOR : 61-15, 6/1/10 - See last page for vote
SUBJECT : California Apiary Research Commission
SOURCE : California Beekeeper Association
DIGEST : This bill creates the California Apriary
Research Commission (Commission) in state government with a
prescribed membership, and specifies the powers, duties,
and responsibilities of the Commission. This bill
authorizes the Commission to conduct research and education
programs relating to honeybees, and the beekeeping
industry. This bill authorizes the Commission to levy an
assessment, on bee producers, and authorizes the
CONTINUED
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expenditure of those funds for purposes of implementing and
administering the bill's provisions.
Senate Floor Amendments of 8/2/10 attempt to ensure that
all beekeepers are included in the implementation of the
Commission by requiring the Department of Food and
Agriculture (DFA) to provide public notice of its
registration of beekeepers for the implementation vote for
the Commission. The amendments eliminate the Commission's
option whether to collect assessments from small
beekeepers. The DFA established list of eligible
beekeepers, includes the number of hives each beekeeper
owns which address the economic concerns of seeking unpaid
assessments from small beekeepers. Further, the amendments
change the penalties from a misdemeanor to a civil penalty
which is consistent with the recently authorized Blueberry
Commission.
ANALYSIS : Existing law authorizes various marketing and
promotion commissions to promote the production and
marketing of California agricultural commodities.
Commissions have a variety of powers covering promotion,
advertising, education, production or post-harvest
research, and quality standards and inspections.
Commissions cover a variety of commodities.
This bill:
1. Creates the California Apiary Research Commission
(CARC), in state government.
2. Provides declarations and general provisions for CARC,
including stating that CARC is necessary for efficient
management and creation of research programs relating to
honeybee health, pest and disease management, colony
management practices, and education programs.
3. Provides definitions, including defining a producer as
an individual beekeeper or business that owns and/or
operates more than 50 bee colonies in California, and
defining an out-of-state beekeeper as a producer whose
principal residence is in an area outside of California,
and defines four CARC districts as follows:
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A. District 1 consists of the counties of Marin,
Sonoma, Napa, Solano, Sacramento, El Dorado, and
all counties north of these counties.
B. District 2 consists of the Counties of San Luis
Obispo, Kern, Inyo and all counties north of these
counties up to the southern boundary of District 1.
C. District 3 consists of all counties south of
District 2.
D. District 4 consists of all areas not in
California.
4. Establishes CARC, composed of six producers, one public
member, and ex officio members. Each district shall
have at least one producer member whose principal
residence is in that district. The public member is to
be appointed by the Secretary of DFA from nominees
recommended by CARC.
5. Provides that the secretary and other appropriate
members, as determined by CARC, shall be ex officio
members.
6. Permits the secretary to correct or cease the activities
or functions of CARC when it is determined they are not
in the public interest or are in violation of this
chapter, by specified procedures.
7. Requires CARC to reimburse the secretary for all
expenditures incurred in carrying out this chapter.
8. Provides that each member, except for ex officio
members, shall have an alternate elected in the same
fashion as the member. Vacancies are to be filled by
appointment for the unexpired portion of the term of
office, by a majority vote of CARC board.
9. Designates a quorum as a majority of CARC board members,
while a majority vote of members present at a meeting at
which a quorum is present constitutes an act of CARC.
10.Requires the secretary, on decisions needing
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concurrence, to respond within 15 working days of
notification.
11.Requires that all proceeds from assessments be deposited
in designated banks and that disbursements ordered by
CARC be by designated agents of CARC.
12.Establishes that the state is not liable for acts of
CARC or its agents, and that no CARC member, alternate
member, or employees of CARC shall be personally liable
or individually responsible for errors, omissions, or
acts of CARC, except for their own individual acts of
dishonesty or crime.
13.Establishes CARC's duties and powers to include, but not
be limited to, the following:
A. Adopt, alter, rescind, modify and amend bylaws,
rules, regulations and orders to carryout this
chapter, including rules for appeals.
B. Administer, enforce, and perform all acts and
exercise all powers incidental to the purpose of
this chapter.
C. Appoint officers with powers and duties
delegated to them by CARC.
D. Hire personnel to manage and carry out the
functions of CARC, including compensation.
E. Appoint committees of CARC members and
non-members to advise CARC.
F. Establish offices; enter into contracts and
agreements, create liabilities, borrow funds; and
keep accurate books, records, and accounts subject
to annual audits, which are to be part of the
annual report and be submitted to the legislature.
G. Further, permit the secretary to conduct a
fiscal and compliance audit when determined to be
necessary.
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H. Authorize, in regard to matters affecting the
health and welfare of honey bees and the beekeeping
industry, the education and instruction of
beekeepers and the public; market surveys;
negotiations with state, federal, and foreign
agencies; scientific research; acceptance of
private, state, and federal funds for such.
I. Establish an assessment to defray operating
costs and an annual budget, concurred in by the
secretary, plus an annual statement of contemplated
activities.
14.Requires within 30 days after the effective date of the
bill, the secretary shall issue a public notice that DFA
is preparing a list of beekeepers who are eligible to
vote on the implementation of this bill. The notice
shall indicate that beekeepers eligible to vote in the
implementation referendum must register with DFA. The
notice shall be placed in appropriate publications and
shall include instructions on how to register.
15.Requires the secretary, within 180 days of the effective
date of this bill, to establish a list of local and
out-of-state producers eligible for a referendum vote,
but the bill is not operative except for the referendum
vote. For the referendum to pass, it must meet the
following criteria:
A. At least 30 percent of the total number of
producers from the list must participate in the
vote and either of the following must occur:
(1)
65 percent of the producers who voted in the
referendum voted in favor of this chapter, and
the producers so voting owned or operated a
majority of the total quantity of colonies
maintained in the preceding marketing season by
all of the producers voting in the referendum.
(2)
A majority of the producers who voted in the
referendum voted in favor of this chapter, and
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the producers so voting owned or operated 65
percent or more of the total quantity of
colonies maintained in the preceding marketing
season by all of the producers voting in the
referendum.
16.Provides that, prior to the referendum, the proponents
of the referendum shall deposit with the secretary funds
to cover the cost of the referendum.
17.Requires CARC to establish an assessment for the
following marketing season no later than March 1 of each
year for all producers of 50 colonies or more. The
annual assessment may not be greater than one dollar per
colony. Establishes procedures for collection, payment,
tracking and reporting, including penalties of 10
percent for failure to pay with an interest rate of 1.5
percent per month on unpaid balances.
18.Requires every producer, including beekeepers exempt
from the payment of the assessment, to keep records of
their total number of colonies used for commercial use.
Requires the records to be kept for five years and made
available to CARC upon written demand. Proprietary
information collected shall be confidential and not made
public unless under court order. Provides that
information required for reports to governments,
financial reports to CARC, or aggregate sales and
inventory information, if stripped of an individual's
information, may be disclosed by CARC.
19.Allows a civil penalty not to exceed $1000 upon to be
levied by the Commissioner upon a person who willfully
does buy of the following:
A. Renders or furnishes a false report, statement, or
record required by CARC.
B. Fails to render or furnish a report, statement, or
record required by CARC.
C. Conducts oneself in any way to affect the shipment
of pollination units, bees, honey, or hive products
in order to avoid payment of assessments.
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D. Secreting, destroying, or altering records
required to be kept under the bill.
20.Authorizes CARC to commence civil action for collection
of assessments, and civil penalties and for obtaining
injunctive relief or specific performance.
21.Provides methods for continuation or suspension or
termination of CARC, including requiring the secretary,
after five years of implementation and every five years
thereafter, between January and December, to hold a
hearing to determine whether it should continue, which
may prompt another referendum, or CARC, with a 2/3-vote
of the board, may recommend suspension of CARC to the
secretary.
22.Makes a legislative declaration that information
required to be submitted to CARC that is personal or
sensitive business information is protected as
confidential information.
Comments
This bill addresses the need for organized research to
protect honeybee health with the creation of the California
Apiary Research Commission. Honeybees are critical to
California agriculture and the entire United States,
pollinating approximately $6 billion in California
specialty crops. Recent years have proven challenging for
the honeybee industry, battling pests and diseases such as
the damaging Varroa mite and Colony Collapse Disorder.
Within the past three years alone Colony Collapse Disorder
has reduced the nation's honeybee population by 25 percent.
The loss of a quarter of the national bee population puts
stress on other agricultural sectors that rely on healthy
bee populations for pollination of their crops. This bill
provides the needed tools for California's bee industry to
find solutions to today's and tomorrow's threats to
honeybees and ensure a healthy beekeeping industry.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
New research commission
- administration Up to $40$20 to $30
ongoing Special*
- revenues Up to ($500 to $2,000**)
annually Special* likely the lower amount
initially
*Industry assessment deposited in the Department of Food
and Agriculture Fund
**Based on $1.00 per colony and two million colonies
operating in the state annually
SUPPORT : (Verified 8/3/10)
California Beekeeper Association (source)
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Beall, Bill Berryhill,
Block, Blumenfield, Bradford, Brownley, Buchanan,
Caballero, Charles Calderon, Carter, Chesbro, Conway,
Cook, Coto, Davis, De La Torre, De Leon, Emmerson, Eng,
Evans, Feuer, Fong, Fuentes, Fuller, Furutani, Galgiani,
Garrick, Gilmore, Hall, Hayashi, Hernandez, Hill, Huber,
Huffman, Jones, Lieu, Bonnie Lowenthal, Ma, Mendoza,
Monning, Nava, Nielsen, V. Manuel Perez, Portantino,
Ruskin, Salas, Saldana, Skinner, Smyth, Solorio, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, John
A. Perez
NOES: Adams, Anderson, Blakeslee, DeVore, Fletcher, Gaines,
Hagman, Harkey, Jeffries, Knight, Logue, Miller,
Nestande, Niello, Norby
NO VOTE RECORDED: Tom Berryhill, Silva, Audra Strickland,
Vacancy
TSM:DLW:do 8/10/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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