Bill Text: CA AB732 | 2015-2016 | Regular Session | Chaptered
Bill Title: Cattle protection: brands: inspection: fees.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2015-10-01 - Chaptered by Secretary of State - Chapter 406, Statutes of 2015. [AB732 Detail]
Download: California-2015-AB732-Chaptered.html
BILL NUMBER: AB 732 CHAPTERED
BILL TEXT
CHAPTER 406
FILED WITH SECRETARY OF STATE OCTOBER 1, 2015
APPROVED BY GOVERNOR OCTOBER 1, 2015
PASSED THE SENATE SEPTEMBER 1, 2015
PASSED THE ASSEMBLY SEPTEMBER 3, 2015
AMENDED IN SENATE AUGUST 19, 2015
AMENDED IN SENATE JULY 8, 2015
AMENDED IN SENATE JUNE 24, 2015
AMENDED IN SENATE JUNE 1, 2015
AMENDED IN ASSEMBLY APRIL 8, 2015
INTRODUCED BY Assembly Member Cooper
(Coauthors: Assembly Members Bigelow, Chávez, Dahle, and Cristina
Garcia)
(Coauthor: Senator Nielsen)
FEBRUARY 25, 2015
An act to amend Sections 20751, 20754, 20755, 20756, 20757, 20758,
21283, 21283.5, 21285, 21288, 21288.5, 21563, and 21563.5 of, and to
add Section 21060.4 to, the Food and Agricultural Code, relating to
livestock, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 732, Cooper. Cattle protection: brands: inspection: fees.
(1) Existing law establishes a system for the recordation of
cattle brands and establishes various fees in connection with the
recordation and the use of a brand, as specified. Existing law also
establishes various inspection fees per cattle, as specified.
Existing law requires these fees to be deposited in the Department of
Food and Agriculture Fund, a continuously appropriated fund.
This bill would increase the inspection fees and other various
fees in connection with the recordation and use of cattle brands. By
increasing the amount of fees deposited in a continuously
appropriated fund, this bill would make an appropriation.
(2) Existing law requires cattle to be inspected before being
moved or transported under certain circumstances, including whenever
cattle are sold.
This bill would exempt cattle that are being sold or whose
ownership is being transferred from these inspection provisions if
the individual or entity with a controlling interest in the cattle
remains unchanged, if the cattle will not be moved out of state or
out of a modified point-of-origin inspection area, and if the cattle
are associated with either a registered brand or dairy exemption
number. The bill would require, within 30 days of ownership transfer,
all persons who have ownership in the cattle, including both the
transferor and the transferee, to self-certify, under penalty of
perjury, to the Department of Food and Agriculture as to their
ownership in the cattle on a form prescribed by the department. By
creating a new crime, this bill would impose a state-mandated local
program. The bill would authorize the department to charge a fee to
cover the reasonable costs of processing the form but would prohibit
the fee from exceeding $50 or the department's actual costs of
conducting these activities.
(3) 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 20751 of the Food and Agricultural Code is
amended to read:
20751. The fee for each application for recording a brand is
seventy dollars ($70).
SEC. 2. Section 20754 of the Food and Agricultural Code is amended
to read:
20754. Except as otherwise provided in Section 20755, the owner
of a brand shall, on or before April 30 after its recordation, pay to
the bureau a biennial period renewal fee of seventy dollars ($70)
for the right to continue to use the brand.
SEC. 3. Section 20755 of the Food and Agricultural Code is amended
to read:
20755. The owner of a recorded brand may, on or before April 30
of any year, pay in advance to the bureau a sum that is a multiple of
seventy dollars ($70). The payment entitles him or her to use the
brand for a minimum of two years, but not to exceed 10 years, at the
rate of thirty-five dollars ($35) per year on and after April 1 of
that year. If the advance payment is made, biennial renewals for the
years within the period for which advance payment has been made are
not required.
SEC. 4. Section 20756 of the Food and Agricultural Code is amended
to read:
20756. If the right to use a brand is suspended for failure to
pay the renewal fee, it may be reinstated within one year from the
date of suspension upon the payment of the biennial renewal fee of
seventy dollars ($70) plus a twenty-five dollar ($25) penalty fee.
SEC. 5. Section 20757 of the Food and Agricultural Code is amended
to read:
20757. (a) Except as provided in subdivision (b), the fee for
rerecording a forfeited or canceled brand shall be one hundred forty
dollars ($140). This amount shall accompany the application to
rerecord.
(b) When a penalty has been paid pursuant to Section 20222, within
30 days of the date the application to rerecord is received by the
secretary, the fee to rerecord shall be seventy dollars ($70).
SEC. 6. Section 20758 of the Food and Agricultural Code is amended
to read:
20758. The fee for recording the transfer of a brand, including a
new certificate, is seventy dollars ($70).
SEC. 7. Section 21060.4 is added to the Food and Agricultural
Code, to read:
21060.4. (a) Inspection is not required in cases where cattle are
sold or ownership is transferred under all of the following
circumstances:
(1) The individual or entity with a controlling interest in the
cattle remains unchanged.
(2) The cattle will not be moved out of state or out of a modified
point-of-origin inspection area.
(3) The cattle are associated with either a registered brand or
dairy exemption number.
(b) All persons who have ownership in the cattle, including both
the transferor and the transferee, shall, within 30 days of ownership
transfer, self-certify, under penalty of perjury, to the department
as to their ownership in the cattle on a form prescribed by the
department.
(c) The department may charge a fee to cover the reasonable costs
of processing the form identified in subdivision (b), but the fee
shall not exceed fifty dollars ($50) or the department's actual costs
of conducting these activities.
(d) An owner of cattle that is otherwise exempt from inspection
pursuant to this section may elect to have that cattle inspected
pursuant to Section 21051.
(e) A violation of this section shall be subject to the penalties
described in Section 21051.3.
SEC. 8. Section 21283 of the Food and Agricultural Code is amended
to read:
21283. (a) Unless otherwise provided in this article, inspection
fees shall be paid at the point of inspection.
(b) The fee for inspection is one dollar and twenty-five cents
($1.25) for each animal that is inspected, except as follows:
(1) The fee for inspection at a registered feedlot, as defined in
Section 20015, is sixty-four cents ($0.64) for each animal that is
inspected.
(2) The fee for inspecting an animal that originated in another
state and was shipped into this state for feeding direct to a
registered feedlot is forty-three cents ($0.43) for each animal that
is inspected.
(3) The fee for inspecting an animal that was inspected at a
posted stockyard, or posted saleyard, in this state, and shipped
direct to a registered feedlot, is forty-three cents ($0.43) for each
animal that is inspected.
SEC. 9. Section 21283.5 of the Food and Agricultural Code is
amended to read:
21283.5. Except as otherwise provided in this article, on all
private treaty transaction inspections, as defined in Section 20026,
regardless of destination, the fee of one dollar and twenty-five
cents ($1.25) shall be paid at the point of inspection for each
animal that is inspected.
SEC. 10. Section 21285 of the Food and Agricultural Code is
amended to read:
21285. The fee is one dollar and twenty-five cents ($1.25) for
the inspection before sale of each animal at a public saleyard that
is posted by the Secretary of Agriculture of the United States or at
a public saleyard if the animal originated in another state and it
was shipped to this state, consigned to that public stockyard or
public saleyard.
SEC. 11. Section 21288 of the Food and Agricultural Code is
amended to read:
21288. In a modified point-of-origin inspection area, as provided
in Section 21111, the fee for the inspection of cattle, other than
suckling calves that are accompanying their mothers, is one dollar
and twenty-five cents ($1.25) per head if the cattle are transported
out of the area for purposes other than sale or slaughter and no
change of ownership is involved.
SEC. 12. Section 21288.5 of the Food and Agricultural Code is
amended to read:
21288.5. For cattle, other than suckling calves accompanying
their mothers, transported out of the state for purposes other than
sale or slaughter and where no change of ownership is involved, the
inspection fee is one dollar and twenty-five cents ($1.25) per head.
SEC. 13. Section 21563 of the Food and Agricultural Code is
amended to read:
21563. Except as otherwise provided in this article, the fee
shall be paid at the point of inspection and is one dollar and
seventy cents ($1.70) for each carcass or hide that is inspected.
SEC. 14. Section 21563.5 of the Food and Agricultural Code is
amended to read:
21563.5. The fee for the inspection of each carcass or hide shall
be one dollar and seventy cents ($1.70) for each carcass and hide
originating in those counties or geographical areas where a
point-of-origin inspection is maintained pursuant to Article 4
(commencing with Section 21141) of Chapter 6.
SEC. 15. 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.
