BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



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                                    THIRD READING


          Bill No:  AB 1175
          Author:   Bocanegra (D)
          Amended:  8/18/14 in Senate
          Vote:     21


           SENATE AGRICULTURE COMMITTEE  :  4-0, 6/17/14
          AYES:  Galgiani, Cannella, Lieu, Wolk
          NO VOTE RECORDED:  Berryhill

           SENATE APPROPRIATIONS COMMITTEE  :  5-1, 8/14/14
          AYES:  De Le�n, Hill, Lara, Padilla, Steinberg
          NOES:  Gaines
          NO VOTE RECORDED:  Walters

           ASSEMBLY FLOOR  :  52-19, 5/24/13 - See last page for vote


           SUBJECT  :    Food and agriculture:  cooperative agreements:   
          agricultural                                                 
          inspector associates

           SOURCE  :     Author


           DIGEST  :    This bill prohibits the Department of Food and  
          Agriculture (DFA) from entering into cooperative agreements with  
          Los Angeles (LA) County for agricultural inspection services  
          unless not less than 75% of agricultural inspector associates  
          are afforded protections as permanent employees.

           ANALYSIS  :    

                                                                CONTINUED





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          Existing law:

          1.Authorizes the Secretary of DFA to enter into cooperative  
            agreements to carry out and enforce programs that promote and  
            enhance agriculture, combat invasive pests and diseases,  
            inspect poultry and meat, or other activities to administer  
            and enforce these provisions.  Specifically, the Secretary  
            enters into cooperative agreements with county agricultural  
            commissioners to administer and enforce programs and  
            inspections on the local level.

          2.Defines "counties of the first class" to be counties whose  
            populations exceed four million residents.  According to the  
            Department of Finance, only LA County exceeds this threshold,  
            with nearly 10 million residents in January 2013.  The next  
            two most populated counties are Orange and San Diego, both  
            with just over three million residents.

          This bill prohibits the Secretary of DFA from entering into  
          cooperative agreements with certain counties (LA County) for  
          year-round agricultural inspector services unless not less than  
          75% of the agricultural inspector associates are afforded  
          protections as permanent employees under the county's civil  
          service or personnel system.

           Background
           
          DFA's Plant Health and Pest Prevention Services Division is  
          responsible for the prevention and control of plant pests and  
          works cooperatively with county agricultural commissioners to  
          accomplish these goals.  Depending on the specific requirements  
          for pest monitoring, trapping, and inspections, work is  
          typically performed by the local county agricultural  
          commissioner's staff which includes aids, associates, and  
          inspectors.

          In 2003-04 the Legislature passed AB 185 and AB 1896 which  
          prohibited DFA from entering into cooperative agreements for  
          agricultural inspections with LA County unless at least 66% of  
          all agricultural inspector aids were afforded permanent job  
          classifications.  These bills also provided $380,000 in funds to  
          aid this transition and reduce costs to the county.

           Prior/Related Legislation







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          AB 74 (Ma, Chapter 666, Statutes of 2011), among other  
          provisions, re-enacts the prohibition against DFA entering into  
          cooperative agreements with specified counties unless at least  
          66% of agricultural inspectors are afforded protections as  
          permanent employees.

          AB 120 (Assembly Committee on the Budget, Chapter 133, Statutes  
          of 2011) repeals the prohibition against DFA entering into  
          cooperative agreements with specified counties unless at least  
          66% of agricultural inspectors are afforded protections as  
          permanent employees.

          AB 1896 (Horton, Chapter 631, Statutes of 2004) prohibits DFA  
          from entering into cooperative agreements with specified  
          counties unless at least 66% of agricultural inspector aids are  
          afforded protections as permanent employees.

          AB 185 (Horton, Chapter 832, Statutes of 2003) prohibits DFA  
          from entering into cooperative agreements with specified  
          counties unless all agricultural inspector aids are afforded  
          protections as permanent employees.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee, this bill as  
          currently drafted, will not have a direct fiscal impact to DFA.   
          However, this bill may result in potential cost pressures to DFA  
          in the low hundreds of thousands of dollars annually.

           SUPPORT  :   (Verified  8/18/14)

          AFSCME, District Council 36

           OPPOSITION  :    (Verified  8/18/14)

          County of Los Angeles

           ARGUMENTS IN SUPPORT  :    According to the author, this bill  
          ensures that agricultural inspector aids would not lose their  
          permanent status when attempting to receive a promotion by going  
          through a year-long, temporary associate position.  Furthermore,  
          "Last year, the County realized that Agricultural Inspector  







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          Associates are not eligible for the promotional exam because  
          they are not technically permanent employees.  There is  
          currently no process for Associates to be promoted, except at  
          the discretion of the Agricultural Commissioner.  This has  
          created a totally arbitrary process for evaluating which  
          employees should be promoted."

           ARGUMENTS IN OPPOSITION  :    LA County is concerned that this  
          bill "would eliminate the entry-level class in the  
          Agricultural/Weights & Measures inspector series, and would  
          preclude incumbents from:  (1) gaining the necessary  
          on-the-job-training; (2) meeting all educational requirements;  
          and (3) competing for permanent inspector positions."   
          Furthermore, this bill does not provide the funding needed to  
          mandate staffing with permanent employees, and the increased  
          staffing costs could preclude the LA County Agricultural  
          Commissioner from entering into agreements to perform  
          inspections for DFA in the future.

           ASSEMBLY FLOOR  :  52-19, 5/24/13
          AYES:  Achadjian, Alejo, Ammiano, Atkins, Bloom, Blumenfield,  
            Bocanegra, Bonilla, Bradford, Brown, Buchanan, Ian Calderon,  
            Campos, Chau, Ch�vez, Chesbro, Cooley, Daly, Dickinson,  
            Eggman, Fong, Fox, Frazier, Garcia, Gatto, Gomez, Gordon,  
            Gray, Hall, Roger Hern�ndez, Jones-Sawyer, Levine, Lowenthal,  
            Medina, Mitchell, Mullin, Muratsuchi, Nazarian, Pan, Perea, V.  
            Manuel P�rez, Quirk, Quirk-Silva, Rendon, Salas, Stone, Ting,  
            Weber, Wieckowski, Williams, Yamada, John A. P�rez
          NOES:  Allen, Bigelow, Conway, Dahle, Donnelly, Beth Gaines,  
            Gorell, Harkey, Jones, Linder, Logue, Maienschein, Mansoor,  
            Melendez, Morrell, Nestande, Olsen, Patterson, Wagner
          NO VOTE RECORDED:  Bonta, Grove, Hagman, Holden, Skinner,  
            Waldron, Wilk, Vacancy, Vacancy


          JL:e  8/18/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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