BILL ANALYSIS �
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CONCURRENCE IN SENATE AMENDMENTS
AB 1175 (Bocanegra)
As Amended August 18, 2014
Majority vote
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|ASSEMBLY: | |(May 24, 2013) |SENATE: |25-10|(August 21, |
| | | | | |2014) |
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(vote not relevant)
Original Committee Reference: H. & C.D.
SUMMARY : Prohibits the California Department of Food and
Agriculture (CDFA) from entering into cooperative agreements
with Los Angeles County (County) for agricultural inspection
services unless a currently unspecified percentage of
agricultural inspector associates are granted permanent County
civil service status.
The Senate amendments delete the Assembly version of the bill,
and instead prohibit the secretary of the California Department
of Food and Agriculture (CDFA) from entering into cooperative
agreements with certain counties (Los Angeles County) for
year-round agricultural inspector services unless not less than
66% of the agricultural inspector aides and 75% of the
agricultural inspector associates are afforded protections as
permanent employees under the county's civil service or
personnel system.
EXISTING LAW :
1)Authorizes the secretary of CDFA 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 (CAC) 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.
FISCAL EFFECT : According the Senate Committee on
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Appropriations, would not have a direct fiscal impact to CDFA.
This bill could result in potential cost pressures to CDFA in
the low hundreds of thousands of dollars annually.
COMMENTS : Current law authorizes CDFA to enter into cooperative
agreements with counties to carry out and enforce programs that,
among other things, combat invasive pests and diseases. CDFA
specifically contracts with CACs to administer and enforce local
programs and inspections.
CDFA's Plant Health and Pest Prevention Services Division is
responsible for the prevention and control of plant pests,
working cooperatively with CACs to accomplish these goals.
Depending on the specific requirements for pest monitoring,
trapping, and inspections, work is typically performed by the
local CAC's staff, which includes aids, associates, and
inspectors.
In 2003-04, legislation was enacted which prohibited CDFA from
entering into cooperative agreements for agricultural
inspections with the County unless a minimum of 66% of all
agricultural inspector aids were granted permanent civil service
status as a county employee. Prior to that legislation, these
employees were hired on a temporary basis to work on year-long
contracts with CDFA. The legislation increased labor costs for
the County, and state funds were provided to aid this transition
and reduce fiscal impact to the County.
According to the author, this bill would ensure 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 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."
Those in opposition are 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
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the funding needed to mandate staffing with permanent employees,
and the increased staffing costs could preclude the County
agricultural commissioner from entering into agreements to
perform inspections for CDFA in the future.
This bill was substantially amended in the Senate and the
Assembly approved version of this bill was deleted. This bill,
as amended in the Senate, is inconsistent with the Assembly
actions, and the provisions of this bill, as amended in the
Senate, have not been heard in an Assembly policy committee.
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084
FN: 0005045