BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1722|
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CONSENT
Bill No: AB 1722
Author: Bigelow (R)
Amended: 3/12/14 in Assembly
Vote: 21
SENATE AGRICULTURE COMMITTEE : 5-0, 6/17/14
AYES: Galgiani, Cannella, Berryhill, Lieu, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 4/24/14 - See last page for vote
SUBJECT : Cattle protection
SOURCE : California Cattlemens Association
DIGEST : This bill prohibits anyone from registering or owning
a cattle brand for five years if convicted of grand theft for
stealing specified livestock. This bill requires such persons
to submit any cattle in their possession for brand inspection
and to pay all costs incurred. This bill imposes a civil
penalty in the amount of $1,000 per animal found in violation
and increases the service fee for cattle brand inspections.
ANALYSIS : Existing law:
1.Provides for a system of cattle brand inspection as cattle are
moved and marketed within California. Cattle branding is a
form of identification used to protect the cattle industry
against losses by theft or by cattle straying.
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2.Authorizes the Department of Food and Agriculture (DFA) Bureau
of Livestock Identification with the administration and
enforcement of cattle protection by issuing brand registration
certificates and conducting inspections. Generally,
inspections are required whenever cattle are sold,
transported, have a transfer of ownership, and before entering
a feedlot or slaughterhouse. Funding for this program is
entirely supported through registration and inspection fees.
3.Authorizes the Secretary of DFA to impose a service fee not to
exceed $10 per site for cattle brand inspections. This fee,
along with other specified fees and penalties, are deposited
in the Department of Agriculture Fund and used for the
administration and enforcement of cattle protection
provisions.
4.Provides for civil and criminal penalties for persons in
violation of cattle branding laws. Stealing horses, cattle,
goats, sheep, pigs, or other specified farm animals is a form
of grand theft and punishable by a fee of $5,000 and/or
imprisonment for up to one year. Additionally, a person who
unlawfully takes the cattle of another must pay four times the
value of the cattle to the victim, plus the costs incurred for
time and money spent in pursuing the cattle.
This bill:
1.Prohibits anyone from registering or owning a cattle brand for
five years if convicted of livestock grand theft.
2.Requires the Secretary of DFA to terminate the cattle brand
registration of a person convicted of livestock grand theft.
3.Requires a person for five years following a conviction of
livestock grand theft to submit any cattle in their possession
for a brand inspection prior to any movement, transportation,
or change of ownership.
4.Requires such person to pay a fee as determined by the
Secretary of DFA for the costs, including the costs of time
and mileage, incurred in performing the brand inspection.
5.Levies a civil penalty in the amount of $1,000 per animal for
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any person who violates the above provisions.
6.Increases the service fee from $10 to $12 per site for cattle
brand inspections.
Comments
According to the author, this bill "seeks to further deter
livestock theft in California. Due to the rising value of
livestock and the increasing rate of theft, deterring this crime
has become more important than ever. Ranchers in California
make a living raising and selling livestock, and when their
animals are stolen, their ability to earn a livelihood is
threatened."
The Bureau of Livestock Identification reported that 3.43
million cattle were inspected from July 2012 to June 2013.
During this same time period, 1,357 cattle were reported missing
or stolen, valued at $860 each, a combined value of $1.17
million.
Prior Legislation
AB 924 (Bigelow, Chapter 618, Statutes of 2013) provides that
livestock grand theft is punishable by a fine not greater than
$5,000 and/or imprisonment up to one year and allocates fines to
the Bureau of Livestock Identification to be used for case
investigation.
AB 2332 (Agriculture, Chapter 568, Statutes of 2006) increases
cattle inspection fees, permits specified transportation of dead
animals, and modifies the establishment of point-of-origin
inspection sites.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 7/1/14)
California Cattlemen's Association (source)
Agricultural Council of California
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California Chamber of Commerce
California Farm Bureau Federation
California Poultry Federation
Western United Dairymen
ARGUMENTS IN SUPPORT : According to the sponsor, the
California Cattleman's Association (CCA), cattle rustlers are
commonly known to steal younger calves that have not yet been
branded. Once removed, there is a greater risk these animals
will be branded by a cattle rustler making it hard to identify
or reclaim stolen cattle. CCA believes that prohibiting an
individual from holding a registered brand for a period of five
years following a conviction will help prevent this practice
from occurring again by the same person in the immediate future.
CCA states this bill will provide law enforcement new tools to
help deter future livestock theft.
ASSEMBLY FLOOR : 75-0, 4/24/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Grove, Hagman, Hall, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Medina, Melendez, Mullin, Muratsuchi, Nestande, Olsen, Pan,
Patterson, Perea, V. Manuel P�rez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.
P�rez
NO VOTE RECORDED: Gray, Harkey, Mansoor, Nazarian, Vacancy
JL:nl 7/2/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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