California Assembly Bill 2745
Session 20232024
Agricultural pests: public nuisance: civil penalty.
Active
Passed Senate on Aug 31, 2024
Origin Chamber
Assembly
Type
Bill
Bill Number
2745
State
California
Session
20232024
Devon J. Mathis
grade
Author
Coauthor
Motion Text
AB 2745 Mathis Concurrence in Senate Amendments
Assembly Roll Call Votes
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Ortega
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Soria
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Summary
Under existing law, any premises, plants, conveyances, or things that are infected or infested with a pest, or premises where any pest is found, are a public nuisance and may be abated pursuant to a specified procedure. Existing law makes it unlawful for any person to maintain that public nuisance. Under existing law, each county agricultural commissioner, acting under the supervision of the Secretary of Food and Agriculture, is an enforcing officer of all laws and regulations that relate to the prevention of the introduction into, or the spread within, the state of pests. For purposes of these provisions, existing law defines "pest" to mean specified things that are, or are liable to be, dangerous or detrimental to the agricultural industry of the state.
Existing law authorizes the secretary or a county agricultural commissioner, in lieu of specified civil actions, and except as specified, to levy a civil penalty against a person violating specified provisions relating to plant quarantine and pest control, not to exceed $2,500 for each violation.
This bill would authorize a county agricultural commissioner, in lieu of those civil and administrative actions, to levy a civil penalty against a person who maintains a public nuisance that is in violation of the above-described provision and that meets other specified criteria. The bill would require the civil penalty to be levied in accordance with specified procedures, including a requirement that the person charged with the violation receive notice of the nature of the violation and be given an opportunity to be heard. If the person takes a good faith action to rectify the violation within 15 days of receiving notice, the bill would provide that the person is not liable for that civil penalty. The bill would require that civil penalty to be in an amount of up to $500 for each acre of property found to be in violation and would authorize that amount to be increased to up to $1,000 per acre if the person does not take a good faith action to rectify the public nuisance within 30 days of issuance of the original civil penalty. The bill would authorize the person to appeal the levy of a civil penalty to the secretary within 10 days of the date of receiving notification of the penalty, as specified. The bill would repeal these provisions on January 1, 2035.
02/15/24 - Introduced
February 15, 2024
06/10/24 - Amended Senate
June 10, 2024
08/13/24 - Amended Senate
August 13, 2024
09/05/24 - Enrolled
September 5, 2024
04/09/24- Assembly Agriculture
April 9, 2024
04/22/24- Assembly Appropriations
April 22, 2024
04/26/24- ASSEMBLY FLOOR ANALYSIS
April 26, 2024
06/14/24- Senate Agriculture
June 14, 2024
08/07/24- Sen. Floor Analyses
August 7, 2024
08/26/24- Sen. Floor Analyses
August 26, 2024
08/29/24- Sen. Floor Analyses
August 29, 2024
08/31/24- ASSEMBLY FLOOR ANALYSIS
August 31, 2024
Sort by most recent
09/13/2024
California State Legislature
Enrolled and presented to the Governor at 4 p.m.
08/31/2024
Assembly
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 56. Noes 2.).
08/31/2024
Assembly
In Assembly. Concurrence in Senate amendments pending.
08/31/2024
Senate
Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 4.).
08/14/2024
Senate
Read second time. Ordered to third reading.
08/13/2024
Senate
Read third time and amended. Ordered to second reading.
08/05/2024
Senate
Ordered to third reading.
08/05/2024
Senate
From Consent Calendar.
07/02/2024
Senate
Read second time. Ordered to Consent Calendar.
07/01/2024
Senate
From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.
06/18/2024
Senate
From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 18). Re-referred to Com. on APPR.
06/10/2024
Senate
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on AGRI.
05/29/2024
Senate
Referred to Com. on AGRI.
05/22/2024
Senate
In Senate. Read first time. To Com. on RLS. for assignment.
05/21/2024
Assembly
Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 0.)
04/25/2024
Assembly
Read second time. Ordered to third reading.
04/24/2024
Assembly
From committee: Do pass. (Ayes 14. Noes 0.) (April 24).
04/11/2024
Assembly
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 10). Re-referred to Com. on APPR.
04/11/2024
Assembly
Coauthors revised.
03/04/2024
Assembly
Referred to Com. on AGRI.
02/16/2024
Assembly
From printer. May be heard in committee March 17.
02/15/2024
Assembly
Read first time. To print.
Sources
Record Created
Feb 16, 2024 9:22:40 PM
Record Updated
Sep 14, 2024 12:29:06 PM