BILL NUMBER: AB 222 ENROLLED
BILL TEXT
PASSED THE SENATE JUNE 27, 2011
PASSED THE ASSEMBLY JULY 1, 2011
AMENDED IN SENATE JUNE 15, 2011
AMENDED IN ASSEMBLY APRIL 11, 2011
INTRODUCED BY Committee on Agriculture (Galgiani (Chair), Valadao
(Vice Chair), Bill Berryhill, Hill, Ma, Mendoza, Olsen, Perea, and
Yamada)
FEBRUARY 1, 2011
An act to amend Sections 221.1, 492, 4171, 31108, 31752, and 77067
of the Food and Agricultural Code, relating to agriculture.
LEGISLATIVE COUNSEL'S DIGEST
AB 222, Committee on Agriculture. Food and Agriculture: omnibus
bill.
(1) Existing law establishes the Department of Food and
Agriculture Fund, a continuously appropriated fund used for specified
purposes relating to enforcement of various provisions of law
relating to various agriculture programs. Notwithstanding those
provisions, existing law requires the Department of Food and
Agriculture to establish all permanent positions within the
department with the Controller's office pursuant to standard state
administrative practices, and to report to the chairs of the fiscal
committees of the Legislature, no later than January 10, 2005, on the
positions established and funded, as specified.
Existing law also establishes the Food Biotechnology Task Force
and authorizes the task force to request particular agencies to lead
the effort to evaluate various factors related to food biotechnology.
Existing law requires the task force to report the issues studied,
findings, basis for their findings, and recommendations to the
Governor and the Legislature by January 1, 2003.
This bill would delete the obsolete reporting requirements from
these provisions.
(2) Existing law divides the state into agricultural districts, as
specified, and provides for district agricultural associations,
which are state institutions. Existing law authorizes the 50th
District Agricultural Association, with the consent of the Secretary
of Food and Agriculture, to enter into a joint powers agreement for,
among other purposes, the purpose of creating a joint powers agency
to operate, maintain, and improve the facilities and functions of the
50th District Agricultural Association. Existing law requires, prior
to the commencement of the joint powers agreement, the parties to
the agreement and the Department of Food and Agriculture to ensure
that every employee in the civil service of the 50th District
Agricultural Association is provided with the option of continuing
his or her employment with the state. Existing law requires the joint
powers agency to contract with the department for the services of
the employee who chooses to continue his or her employment with the
state, consistent with his or her civil service classification and
status.
This bill would authorize the joint powers agency to contract with
the department or the 50th District Agricultural Association for the
services of an employee, consistent with his or her civil service
classification and status.
(3) Existing law requires that the holding period for a stray dog
or a stray cat impounded in a shelter be 6 business days, not
including the day of impoundment, with exceptions, as provided.
This bill would define the term "business day" for purposes of
these provisions as any day that a public or private shelter is open
to the public for at least 4 hours, excluding state holidays.
(4) Existing law establishes the California Walnut Commission,
composed of 8 walnut producers, 4 walnut handlers, and one member of
the public. Existing law requires the commission to elect alternate
members, and provides for the appointment of ex officio members.
Existing law provides that each member of the commission or each
alternate member serving in place of a member, except for ex officio
government members, and each member of a committee established by the
commission who is a nonmember of the commission, may receive per
diem not to exceed $100 per day, as established by the commission,
for each day spent in actual attendance at, or in traveling to and
from, meetings of the commission or committees of the commission, or
on special assignment from the commission. Existing law also
authorizes members of the commission to receive necessary traveling
expenses and meal allowances, as approved by the commission.
This bill would delete the provision for a $100 per diem for
members, alternate members, and committee members, and would instead
provide that members of the commission may receive an amount not to
exceed the reasonable and necessary traveling expenses and meal
allowances, as established by the commission.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 221.1 of the Food and Agricultural Code is
amended to read:
221.1. Notwithstanding Section 221, the department shall
establish all permanent positions with the Controller's office,
pursuant to standard state administrative practices.
SEC. 2. Section 492 of the Food and Agricultural Code is amended
to read:
492. (a) The Legislature hereby creates the Food Biotechnology
Task Force. The task force shall be cochaired by the Secretary of
California Health and Human Services, and the Secretary of the
California Department of Food and Agriculture. The task force shall
consult with appropriate state agencies and the University of
California. The Department of Food and Agriculture shall be the lead
agency.
(b) An advisory committee shall be appointed by the task force to
provide input on issues reviewed by the task force. The advisory
committee shall consist of representatives from consumer groups,
environmental organizations, farmers, ranchers, representatives from
the biotechnology industry, researchers, organic farmers, food
processors, retailers, and others with interests in the issues
surrounding biotechnology.
(c) The Department of Food and Agriculture shall make funds
available to other agencies to accomplish the purposes of this
article and shall contract, where appropriate, with the California
Council on Science and Technology, the University of California, or
other entities to review issues evaluated by the task force or
support activities of the advisory committee.
(d) The task force may request particular agencies to lead the
effort to evaluate various factors related to food biotechnology. As
funding becomes available, the task force shall evaluate factors
including all of the following:
(1) Definition and categorization of food biotechnology and
production processes.
(2) Scientific literature on the subject, and a characterization
of information resources readily available to consumers.
(3) Issues related to domestic and international marketing of
biotechnology foods such as the handling, processing, manufacturing,
distribution, labeling, and marketing of these products.
(4) Potential benefits and impacts to human health, the state's
economy, and the environment accruing from food biotechnology.
(5) Existing federal and state evaluation and oversight
procedures.
(e) An initial sum of one hundred twenty-five thousand dollars
($125,000) is hereby appropriated from the General Fund for
disbursement to the Department of Food and Agriculture. It is the
intent of the Legislature to make further funds available to
accomplish the purposes contained in this article.
SEC. 3. Section 4171 of the Food and Agricultural Code is amended
to read:
4171. (a) Notwithstanding any other provision of law, the 50th
District Agricultural Association, with the consent of the secretary,
may enter into a joint powers agreement pursuant to Chapter 5
(commencing with Section 6500) of Division 7 of Title 1 of the
Government Code for the purpose of creating a joint powers agency to
operate, maintain, and improve the facilities and functions of the
50th District Agricultural Association. This joint powers agency's
duties shall include planning, designing, and constructing real
property improvements, including new construction, alteration,
extension, betterment, and repair, and purchasing fixed and movable
equipment related to the facilities and functions of the 50th
District Agricultural Association.
(b) The joint powers agency may accept the donation of, acquire,
own, sell, or lease real property, and may pledge its property or
revenue for the sale of bonds to construct, equip, and furnish the
facilities, parking facilities, and any betterments, improvements,
and facilities related thereto.
(c) The joint powers agency may make and enter into contracts and
employ agents and employees. The joint powers agency may manage,
maintain, and operate the facilities, or may enter into management
contracts for the operation of the facilities. The planning,
designing, and constructing of these improvements, and the agency's
other duties, as specified in this section, shall be undertaken in
accordance only with those restrictions applicable to the joint
powers agency.
(d) Prior to the commencement of the joint powers agreement, the
parties to the agreement and the department shall ensure that every
employee in the civil service of the 50th District Agricultural
Association is provided with the option of continuing his or her
employment with the state, or of accepting a position as an employee
of the joint powers agency.
(1) With respect to an employee who chooses to continue his or her
employment with the state, the employee shall continue to be subject
to all of the provisions governing civil service employees, and,
additionally, all of the following shall apply:
(A) The joint powers agency shall contract with the department or
the 50th District Agricultural Association for the services of the
employee, consistent with his or her civil service classification and
status.
(B) The employee has the right to continue to provide services to
the joint powers agency pursuant to that contract during the time the
employee continues in the civil service classification he or she
held at the time of the employee's election.
(2) With respect to an employee who chooses to leave his or her
employment with the state and become an employee of the joint powers
agency, those employees are not employees of the state, and are not
subject to the requirements of Chapter 10.3 (commencing with Section
3512) and Chapter 10.5 (commencing with Section 3525) of Division 4
of Title 1 of the Government Code.
(3) If a position filled by a civil service employee pursuant to
contract with the department becomes vacant, the joint powers agency
may fill the position with a non-civil-service employee.
(e) If the joint powers agency contracts with another entity for
the operation or management of the facilities, the requirements of
subdivision (d) shall apply to the new entity prior to commencement
of any agreement.
(f) The State of California is not liable for any debts,
liabilities, settlements, liens, or any other obligations incurred by
or imposed upon the joint powers agency. The joint powers agreement
executed pursuant to this section shall expressly provide that the
General Fund and the Fair and Exposition Fund shall be held harmless
from all debts, liabilities, settlements, judgments, or liens
incurred by the joint powers agency, and that neither the state nor
any agency or division thereof shall be liable for any contract,
tort, action or inaction, error in judgment, mistake, or other act
taken by the joint powers agency, or any of its employees, agents,
servants, invitees, guests, or anyone acting in concert with, or on
the behalf of, the joint powers agency.
SEC. 4. Section 31108 of the Food and Agricultural Code is amended
to read:
31108. (a) The required holding period for a stray dog impounded
pursuant to this division shall be six business days, not including
the day of impoundment, except as follows:
(1) If the public or private shelter has made the dog available
for owner redemption on one weekday evening until at least 7 p.m. or
one weekend day, the holding period shall be four business days, not
including the day of impoundment.
(2) If the public or private shelter has fewer than three
full-time employees or is not open during all regular weekday
business hours, and if it has established a procedure to enable
owners to reclaim their dogs by appointment at a mutually agreeable
time when the public or private shelter would otherwise be closed,
the holding period shall be four business days, not including the day
of impoundment.
Except as provided in Section 17006, stray dogs shall be held for
owner redemption during the first three days of the holding period,
not including the day of impoundment, and shall be available for
owner redemption or adoption for the remainder of the holding period.
(b) Except as provided in Section 17006, any stray dog that is
impounded pursuant to this division shall, prior to the euthanasia of
that animal, be released to a nonprofit, as defined in Section 501
(c)(3) of the Internal Revenue Code, animal rescue or adoption
organization if requested by the organization prior to the scheduled
euthanasia of that animal. The public or private shelter may enter
into cooperative agreements with any animal rescue or adoption
organization. In addition to any required spay or neuter deposit, the
public or private shelter, at its discretion, may assess a fee, not
to exceed the standard adoption fee, for animals adopted or released.
(c) During the holding period required by this section and prior
to the adoption or euthanasia of a dog impounded pursuant to this
division, a public or private shelter shall scan the dog for a
microchip that identifies the owner of that dog and shall make
reasonable efforts to contact the owner and notify him or her that
his or her dog is impounded and is available for redemption.
(d) As used in this division, a "business day" includes any day
that a public or private shelter is open to the public for at least
four hours, excluding state holidays.
SEC. 5. Section 31752 of the Food and Agricultural Code is amended
to read:
31752. (a) The required holding period for a stray cat impounded
pursuant to this division shall be six business days, not including
the day of impoundment, except as follows:
(1) If the public or private shelter has made the cat available
for owner redemption on one weekday evening until at least 7 p.m. or
one weekend day, the holding period shall be four business days, not
including the day of impoundment.
(2) If the public or private shelter has fewer than three
full-time employees or is not open during all regular weekday
business hours, and if it has established a procedure to enable
owners to reclaim their cats by appointment at a mutually agreeable
time when the public or private shelter would otherwise be closed,
the holding period shall be four business days, not including the day
of impoundment.
Except as provided in Sections 17006 and 31752.5, stray cats shall
be held for owner redemption during the first three days of the
holding period, not including the day of impoundment, and shall be
available for owner redemption or adoption for the remainder of the
holding period.
(b) Except as provided in Section 17006, any stray cat that is
impounded pursuant to this division shall, prior to the euthanasia of
that animal, be released to a nonprofit, as defined in Section 501
(c)(3) of the Internal Revenue Code, animal rescue or adoption
organization if requested by the organization prior to the scheduled
euthanasia of that animal. In addition to any required spay or neuter
deposit, the public or private shelter, at its discretion, may
assess a fee, not to exceed the standard adoption fee, for animals
adopted or released. The public or private shelter may enter into
cooperative agreements with any animal rescue or adoption
organization.
(c) During the holding period required by this section and prior
to the adoption or euthanasia of a cat impounded pursuant to this
division, a public or private shelter shall scan the cat for a
microchip that identifies the owner of that cat and shall make
reasonable efforts to contact the owner and notify him or her that
his or her cat is impounded and is available for redemption.
(d) As used in this division, a "business day" includes any day
that a public or private shelter is open to the public for at least
four hours, excluding state holidays.
SEC. 6. Section 77067 of the Food and Agricultural Code is amended
to read:
77067. No member of the commission or of any committee
established by the commission that may include nonmembers of the
commission shall receive a salary. Except for ex officio government
members, the members may receive an amount not to exceed reasonable
and necessary traveling expenses and meal allowances, as established
by the commission, for each day spent in actual attendance at, or in
traveling to and from, meetings of the commission or committees of
the commission, or on special assignment for the commission, as
approved by the commission.