BILL ANALYSIS Ó
AB 222
Page 1
Date of Hearing: April 6, 2011
AS PROPOSED TO BE AMENDED
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
AB 222 (Committee on Agriculture) - As Introduced: February 1,
2011
SUBJECT : Food and Agriculture Fund: Food Biotechnology Task
Force: Reporting.
SUMMARY : This bill deletes reporting dates that have passed for
the Food Biotechnology Task Force (FBTF). Proposed amendments
make Saturday, for purposes of impoundment of dogs and cats, a
business day to count as one holding day; allows alternate
members to the California Walnut Commission (CWC) to be
reimbursed for their participation; and, changes the $100 per
day reimbursement to an amount not to exceed reasonable and
necessary traveling expenses and meal allowances, as established
by CWC. Specifically, the proposed amendments :
1) Identify, for the purposes of the divisions of law
dealing with regulation and licensing of dogs and the
regulation of cats, that Saturday is a "business day" for
public or private shelters open to the public for at least
four hours, except state holidays.
2) States that any member of CWC or any committees
established by CWC, which may include nonmembers, do not
receive a salary.
3) Permits the members to receive an amount, not to exceed
reasonable and necessary traveling expenses and meal
allowances, as established by CWC.
EXISTING LAW requires that the California Department of Food and
Agriculture (CDFA) establish all permanent positions with the
Controller's Office, and to report to the chairs of the fiscal
committees of the Legislature, no later than January 10, 2005,
and, requires FBTF to report issues studied, findings, basis for
their findings, and recommendations to the Governor and
Legislature by January 1, 2003.
Regarding proposed amendments, existing law provides the
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authority to regulate and license dogs and the regulation of
cats with exceptions for counties with a population less than
100,000 people; killing and seizure; fees for impounding;
violations; provisions for civil liability; and, dealing with
potentially dangerous and vicious dogs. Within the respective
killing and seizure chapters, provisions describe the required
holding period for stray dogs or cats impounded according to
this Division to be six business days, not including the day of
impoundment, and provide alternative holding options and
exceptions.
A recent First Appellate District, Court of Appeal for Division
Three ruling, Veena Purigoy, et. al., v. Glenn Howell, et. al.,
made the following findings, overturning a lower court's ruling,
creating the need to establish that Saturday is a business day
for purposes of this division:
"In addressing the above matters, the court shall treat the
following as established: (1) Saturday is not a "business
day" within the meaning of section 31108(a); (2) under all
of the holding periods outlined in section 31108(a), a
shelter must hold an impounded dog exclusively for owner
redemption for the first three business days of the holding
period, not including the day of impoundment, and may then
make the dog available for owner redemption or adoption
beginning on the fourth business day of the holding period;
and (3) CCCAS ÝContra Costa County Animal Shelter] did not
hold Purifoy's dog for the minimum holding period specified
in section 31108(a)."
Existing law provides the authority to create the CWC, by an
affirmative vote of California walnut growers and handlers.
Further, it provides definitions; powers and duties;
implementation and voting procedures; assessments and records
requirements; penalties; and, continuation or suspension and
termination processes. Specifically, it authorizes the
alternate members to be able to exercise all rights, privileges,
and powers of the member when serving on CWC and states that
each member of CWC or nonmember appointed by CWC to a committee
may receive a sum not to exceed $100 per day, as established by
CWC. Additionally, it provides that members shall also receive
the necessary traveling expenses and meal allowances, as
approved by CWC.
FISCAL EFFECT : This bill is keyed non-fiscal by Legislative
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Counsel. The Proposed amendments may change that key to fiscal,
and require this bill be referred to the Assembly Committee on
Appropriations.
COMMENTS : The Assembly Committee on Accountability and
Administrative Review, last year, did a search on all statutory
reporting requirements to assess if they had been completed
according to the statute and if they were still required. In
the case of CDFA and FBTF, they had, and are no longer needed to
be referenced. Due to the timing of the findings, we waited
until this 2011 session to introduce the elimination of the
reports and dates. This does not affect CDFA or FBTF in any
other manner.
Regarding the proposed amendments, the referenced Appellate
Court ruling has created the need to establish that Saturday is
a business day for purposes of this division. The State Humane
Association of California has raised this as a clarifying change
since most private, and many public, shelters are open on
Saturdays to provide the public more opportunity to rescue
and/or adopt animals. Many are not open every day of a typical
business week, that is Monday to Friday, for that purpose. The
Association states that this change will provide the shelters
the clarification needed so they don't need to add additional
days to their holding period and to meet the court's
interpretation of current statute.
There are estimated to be 32 statutory authorized commissions,
of which 28 are active. Each is required to conduct either a
referendum or public hearing every five years to determine if
they are authorized to continue. Approximately half of them
provide for a set per diem from $40 to $100 per meeting day and
the others have similar language to the proposed amendments.
Recently one of these commissions was voted not to continue by
the growers, which is a fail-safe for those paying the
assessments.
Current law does seem to provide for alternates to be
compensated by the language that alternate members be able to
exercise all rights, privileges, and powers of the member when
serving on CWC and states that each member of CWC or nonmember
appointed by CWC to a committee, may receive a sum not to exceed
$100 per day, as established by CWC. Additionally, it provides
that members shall also receive the necessary traveling expenses
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and meal allowances, as approved by CWC.
RELATED LEGISLTION: AB 1279 (Fletcher) of 2011 would make
technical, nonsubstantive changes to those provisions by
replacing references to a "pound" with references to an animal
shelter and by replacing references to destroying an animal with
references to humanely euthanizing the animal.
AB 914 (Atkins) of 2011 would require the Cut Flower Commission
(CFC) to annually specify the types and varieties of cut flowers
for which it is collecting, from participating producers, market
price information based on sales, and would require
dissemination of that information to all interested persons.
The bill would require that the identity of each producer
reporting the information and the information reported be kept
confidential and not be made public under any circumstances.
The CFC would be authorized to disclose information that gives
industry totals, averages, and other similar data.
AB 1121 (Pan) of 2011 would make a technical, nonsubstantive
change to the provisions that authorizes a county board of
supervisors to provide for the issuance of serially numbered
metallic dog licenses.
SB 702 (Lieu) of 2011 would additionally require an owner who
seeks to reclaim a dog that has been impounded, to provide proof
of a current, valid license for the dog. The bill would also
authorize the entity that has custody of the dog to implant the
dog with a microchip, identifying the owner of the dog or
require the owner to take that action within 30 days of
reclaiming the dog. Because a violation of this provision would
be a crime, the bill would impose a state-mandated local
program.
REGISTERED SUPPORT / OPPOSITION :
Support
California Walnut Commission (as proposed to be amended)
State Humane Association of California (as proposed to be
amended)
Opposition
None on file
AB 222
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Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084