BILL ANALYSIS �
SENATE AGRICULTURE COMMITTEE
Senator Anthony Cannella, Chairman
BILL NO: AB 222 HEARING: 06/21/11
AUTHOR: Assembly Agriculture CommitteeFISCAL: No
VERSION: 06/15/11 CONSULTANT: John Chandler
Food and Agriculture: omnibus bill.
BACKGROUND AND EXISTING LAW
Senate Bill 2065 (Costa), Chapter 589, Statutes of 2000,
required the creation of the Food Biotechnology Task Force
(comprised of the Secretaries of the Health and Welfare Agency,
the Technology, Trade and Commerce Agency, and the Department of
Food and Agriculture) in order to identify and analyze emerging
food biotechnology issues considered of primary importance to
the state. The Food Biotechnology Task Force was required to
make recommendations to the Governor and Legislature by January
1, 2003, and report on the creation and funding for permanent
positions with the Controller's office by January 10, 2005.
Current law requires impounded stray dogs and cats to be held
for six business days, not including the day of impoundment.
The holding period may be reduced to four business days under
certain conditions. Following the holding period, strays shall
be released to a nonprofit animal rescue or adoption
organization if requested by the organization prior to the
scheduled euthanasia of the animal.
The California Walnut Commission (CWC), established in 1987, is
a State of California commission which is involved mainly in
export market development activities as well as nutrition
research. The CWC is funded by mandatory assessments on growers
and works in concurrence with the Secretary of the California
Department of Food and Agriculture.
The CWC is made up of a 13-member commission: eight producers,
four handlers, and one public member selected by the secretary.
For each member of the CWC, an alternate is elected to serve in
place of the member in their absence. CWC members are paid all
necessary travel and meal expenses and also may receive a $100
per diem for each day spent in attendance or traveling to and
from meetings of the commission, committees of the commission,
or special assignment of the commission.
California Department of Food and Agriculture (CDFA), Division
of Fairs and Expositions (DFE) is responsible for overseeing the
54 district agriculture associations (DAA) throughout the state
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that make up the California network of fairs. Each DAA operates
with a degree of autonomy, with a board of directors appointed
by the governor, and in accordance with state law governing the
operation of state agencies. DAAs contribute a great deal to
the state of California. They offer an opportunity for the
local community to highlight its achievements, and in many
cases, they recognize the agriculture of the local area.
The Antelope Valley Fair Association was incorporated on
September 12, 1938, and operated locally for three years. On
September 13, 1941, the Antelope Valley Fair became the 50th DAA
with the donation of the land to the state. The 50th DAA is
located in the northern part of Los Angeles County in the City
of Lancaster. Working with the City of Lancaster, the 50th DAA
was relocated to a new site in 2003.
SB 1085 (Runner), Chapter 320, Statutes of 2010, allowed the
50th DAA, with the consent of the Secretary of California
Department of Food and Agriculture, to enter into a joint powers
agreement with a joint powers authority (JPA) with the purpose
of operating, maintaining and improving the 50th DAA. Every
civil service employee of the 50th DAA has the option to remain
an employee of the state or accept a position as an employee of
the JPA. For employees that choose to remain in state service,
the JPA is required to contract with CDFA for the services of
that employee.
PROPOSED LAW
AB 222 would do the following:
Delete the obsolete reporting requirements for the Food
Biotechnology Task Force.
For the purposes of impounding dogs and cats, define
"business day" as any day the public or private shelter is
open to the public for at least four hours, except state
holidays.
Authorize Walnut Commission alternate members to be
reimbursed for reasonable expenses for participation.
Delete the Walnut Commission members $100 per day per
diem.
Specify that Walnut Commission members and alternates
may be reimbursed only for reasonable and necessary
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traveling expenses and meal allowances.
Specify that for civil service employees working for the
50th DAA who choose to remain in state service, the JPA may
contract with the 50th DAA for the services of the employee
rather than CDFA.
COMMENTS
1.AB 222 is the Assembly Agriculture Committee omnibus bill.
The Assembly Committee on Accountability and Administrative
Review did an analysis in 2010 of all codes and found two
outdated reporting dates in the Food Biotechnology Task Force.
AB 222 would remove the outdated reporting dates.
According to the author's office, AB 222 clarifies the
definition of "business day" when determining how long a
shelter holds a dog or cat. A recent court decision on Veena
Purigory, et. al., v. Glenn Howell, et. al., by the First
Appellate District, Court of Appeals stated that Saturday is
not a "business day" when determining the holding periods.
Defining a business day as any day the shelter is open for at
least four hours provides clarity to shelters and the public
on shelter holding periods of dogs and cats.
The California Walnut Commission is seeking to encourage its
alternate members to attend all meetings so they will be fully
informed when they need to fill in for their commission
member. However, alternates are forced to cover their own
travel costs unless they are filling in for their commission
member. AB 222 would ensure that alternates are compensated
for all commission meetings they attend.
In the process of drafting a joint powers agreement for a JPA
to operate the 50th DAA, it was determined that the law
requires the JPA to contract with CDFA for those employees
wishing to remain in civil service. There is some concern
about the liability of transferring those employees from the
50th DAA to CDFA. Since the 50th DAA will continue as an
entity, AB 222 would clarify that those employees would remain
with the 50th DAA, allowing the JPA to contract with the DAA
for those employees remaining in civil service.
PRIOR ACTIONS
Assembly Floor 60-0
Assembly Agriculture 9-0
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SUPPORT
California Walnut Commission
State Humane Association of California
OPPOSITION
None received