Bill Text: CA AB1722 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Cattle protection.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-07-16 - Chaptered by Secretary of State - Chapter 129, Statutes of 2014. [AB1722 Detail]

Download: California-2013-AB1722-Chaptered.html

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BILL NUMBER: AB 1722	CHAPTERED
	BILL TEXT

	CHAPTER  129
	FILED WITH SECRETARY OF STATE  JULY 16, 2014
	APPROVED BY GOVERNOR  JULY 16, 2014
	PASSED THE SENATE  JULY 3, 2014
	PASSED THE ASSEMBLY  APRIL 24, 2014
	AMENDED IN ASSEMBLY  MARCH 12, 2014

INTRODUCED BY   Assembly Member Bigelow

                        FEBRUARY 13, 2014

   An act to amend Section 21281.5 of, and to add Sections 20725 and
21051.6 to, the Food and Agricultural Code, relating to cattle, and
making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1722, Bigelow. Cattle protection.
   Existing law requires any person who desires to use a brand in
this state to record the brand with the Bureau of Livestock
Identification. Existing law provides for the suspension and
forfeiture of the right to use a brand under specified circumstances,
including, among others, for failure to pay specified fees, and
makes it unlawful for any person to use an unrecorded, forfeited, or
canceled brand. Existing law requires cattle to be inspected prior to
being moved or transported under certain circumstances, including
whenever cattle are sold. A person who violates those provisions is
liable to the Secretary of Food and Agriculture for a civil penalty,
as specified, and a violation of the cattle protection laws is
generally a misdemeanor.
   This bill would prohibit any person who is convicted of grand
theft for feloniously stealing a horse, bovine animal, or specified
other animals from registering and owning a brand for a period of 5
years following the date of conviction, and would require the
secretary to terminate the person's registration. The bill would
require a person convicted of the offense specified above to submit
to an inspection prior to any movement, transportation, or change in
ownership. By expanding the scope of a crime, the bill would impose a
state-mandated local program.
   Existing law authorizes the secretary to impose a service charge
not to exceed $10 for each site at which an inspection is performed,
to be deposited in the Department of Food and Agriculture Fund and
continuously appropriated to the department for certain purposes
relating to cattle protection and livestock.
   This bill would increase the ceiling amount the secretary is
authorized to charge to $12. By increasing the amount of an existing
fee, the revenue of which is deposited into a continuously
appropriated fund, the bill would make an appropriation.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Appropriation: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 20725 is added to the Food and Agricultural
Code, to read:
   20725.  (a) Any person convicted of Section 487a of the Penal Code
shall be prohibited from registering or owning, in whole or in part,
a brand for a period of five years following the date of the
conviction.
   (b) Upon being notified of the conviction, the secretary shall
terminate the registration of any brand registered to a person
convicted of Section 487a of the Penal Code.
  SEC. 2.  Section 21051.6 is added to the Food and Agricultural
Code, to read:
   21051.6.  (a) Notwithstanding any other law, for five years
following the date of conviction, a person convicted of Section 487a
of the Penal Code shall submit to an inspection for any cattle in his
or her ownership or care prior to any movement, transportation, or
change in ownership.
   (b) A person required to submit to an inspection pursuant to this
section shall pay to the secretary a fee, as established by the
secretary, for the costs incurred, including the cost of time and
mileage, in performing the inspection.
   (c) A person required to submit to an inspection who violates a
provision of this section shall be charged a civil penalty by the
secretary of one thousand dollars ($1,000) per animal required to be
inspected.
  SEC. 3.  Section 21281.5 of the Food and Agricultural Code is
amended to read:
   21281.5.  In addition to other applicable fees, as provided by
this chapter, the secretary may impose a service charge in an amount
not to exceed twelve dollars ($12) for each site at which an
inspection is performed.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.