CTBA NON-RACING BILL SUMMARY

SEPTEMBER 2, 2004

 

 

 

 

 

AB 687

Nunez

Tribal-state gaming compacts: ratification and payment securitization.

E-07/01/2004

 

07/01/2004-Chaptered by Secretary of State - Chapter No. 91, Statutes of 2004

 

Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain gaming activities on Indian lands within a state. Existing California law expressly ratifies specified tribal-state gaming compacts. This bill would ratify amendments of tribal-state gaming compacts entered into by the State of California and the Pala Band of Mission Indians, the Pauma Band of Luiseno Mission Indians of the Pauma and Yuima Reservation, the Rumsey Band of Wintun Indians, the United Auburn Indian Community, and the Viejas Band of Kumeyaay Indians. This bill contains other related provisions and other existing laws.

 

Click here for Bill text, analysis, votes, etc.  Leginfo Link

 

This was the bill that ratified the 4 other compacts (not the San Pablo compact) It was signed by the Governor.

 

 

AB 923

Firebaugh

Air pollution.

E-08/28/2004

 

08/28/2004-From committee: With recommendation: That Senate amendments be concurred in. (Ayes 13. Noes 4.) (August 28). Senate amendments concurred in. To enrollment.

 

Existing law authorizes the district board of the Sacramento Metropolitan Air Quality Management District to adopt a surcharge on motor vehicle registration fees applicable to all motor vehicles registered in the counties within that district. Existing law limits the amount of that surcharge to $4 for a motor vehicle whose registration expires on or after December 31, 1990. Existing law requires the Department of Motor Vehicles to collect that surcharge, and requires the Sacramento district to implement the air quality improvement strategy adopted by the Sacramento district. This bill would increase that surcharge limit to $6. The bill would require the Sacramento district to utilize the revenues from $4 of the surcharge to implement reductions in emissions from vehicular pollution sources, and the revenues from $2 of the surcharge to implement the Carl Moyer program, the new purchase, retrofit, repower, or add-on of previously unregulated equipment for agricultural sources of air pollution, as specified, the new purchase of schoolbuses pursuant to the Lower-Emission School Bus Program , and an accelerated vehicle retirement or repair program, in order to achieve reductions in emissions from vehicular sources and offroad engines. The bill would limit the amount of the surcharge used by the district for its administrative expenses to 5% of the funds collected. The bill would preclude use of a project funded under the program for credit under any state or federal emissions averaging, banking, or trading program, would require retirement of those credits as a condition of funding for projects involving new engines, and would also preclude emission reductions under the program from being used as marketable emission reduction credits or to offset emission reduction obligations. Subject to prescribed conditions, the bill would authorize funding under the program for the purchase of low-emission vehicles or equipment that generate surplus emissions reductions. This bill contains other related provisions and other existing laws.

 

Click here for Bill text, analysis, votes, etc.  Leginfo Link

 

Originally this bill was the one that would have done away with the tax exemptions for agriculture. It was amended late in the session to deal with air pollution and may be of some interest to CTBA members.

 

 

AB 1809

Malfa, La

Commercial motor vehicle: weight fee exclusion.

A-03/26/2004

 

05/19/2004-In committee: Set, second hearing. Held under submission.

 

Existing law imposes gross vehicle weight fees, in accordance with a schedule based on gross vehicle weight ranges, upon the registration of commercial motor vehicles operated either singly or in combination with a declared gross vehicle weight of 10,001 pounds or more and to certain tow trucks. Certain towing commercial motor vehicles that are owned and operated exclusively by a farmer or an employee of a farmer in the conduct of agricultural operations are excluded when calculating the weight fees. This bill would also exclude from that calculation the weight of a flatbed motortruck with a manufacturer's gross vehicle weight rating of less than 11,500 pounds and an unladen weight of less than 8,001 pounds that is owned and operated exclusively by a farmer or an employee of a farmer in the conduct of agricultural operations.

 

Click here for Bill text, analysis, votes, etc.  Leginfo Link

 

Dead

 

 

AB 2745

Strickland

Animal diseases: quarantines: Contagious Equine Metritis.

I-02/20/2004

 

04/15/2004-In committee: Hearing postponed by committee. (Refers to 4/14/2004 hearing)

 

Contagious Equine Metritis. This bill would allow the Department of Agriculture, upon adopting regulations, to grant, deny, and rescind licenses for private facilities to provide precautionary quarantines intended to prevent the spread of Contagious Equine Metritis and other diseases of imported animals. The bill would require the department to impose fees that cover, but do not exceed, the complete costs of regulating, overseeing, and administering this provision. This bill contains other existing laws.

 

Click here for Bill text, analysis, votes, etc.  Leginfo Link

 

Dead

 

 

AB 2832

Lieber

Minimum wage.

E-08/25/2004

 

08/25/2004-Enrolled and to the Governor at 3 p.m.

 

Under existing law, the Industrial Welfare Commission is authorized to determine minimum wages in accordance with a prescribed procedure that includes the selection of wage boards to consider and make recommendations regarding wage issues. The current minimum wage for all industries is $6.75 per hour. This bill would set the minimum wage at $7.25 as of July 1, 2005, and $7.75 as of July 1, 2006.

 

Click here for Bill text, analysis, votes, etc.  Leginfo Link

 

This is the minimum wage bill and it is on the Governor’s desk waiting action. CTBA members should be communicating with the Governor’s office expressing opposition.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SB 703

Florez

Crimes: grand theft: diesel fuel.

A-08/18/2004

 

08/27/2004-Motion to send to Senate floor to consider Assembly amendments refused adoption.

 

Existing law generally makes petty theft a misdemeanor and specifies that grand theft, which may be charged as a misdemeanor or felony, is committed when the money, labor, or real or personal property taken is of a value exceeding $400. This bill would specify that grand theft is committed when diesel fuel of a value exceeding $100 is taken from agricultural property . By providing that theft of diesel fuel of this lesser value my be charged as a felony, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

 

Click here for Bill text, analysis, votes, etc.  Leginfo Link

 

Dead

 

 

SB 1334

Kuehl

Oak woodlands conservation: environmental quality.

E-08/26/2004

 

08/26/2004-Senate concurs in Assembly amendments. (Ayes 22. Noes 14. Page 5423.) To enrollment.

 

The Oak Woodlands Conservation Act provides funding for the conservation and protection of California's oak woodlands. This bill would require a county, in determining whether CEQA requires an environmental impact report, negative declaration, or mitigated negative declaration, to determine whether a project in its jurisdiction may result in a conversion of oak woodlands that will have a significant effect on the environment, and would require the county, if it determines there may be a significant effect to oak woodlands, to require one or more of specified mitigation alternatives to mitigate the significant effect of the conversion of oak woodlands. The bill would exempt specified activities from its requirements. By imposing new duties on local governments with respect to oak woodlands mitigation, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

 

Click here for Bill text, analysis, votes, etc.  Leginfo Link

 

This bill passed after significant amendments were accepted by the author. They were put into the bill to satisfy the concerns of agriculture, including the CTBA who worked closely with the coalition that opposed the bill.

 

 

SB 1852

Vincent

Horses: hire and boarding regulations.

I-02/20/2004

 

04/07/2004-Set, first hearing. Hearing canceled at the request of author.

 

Existing law authorizes a peace officer, officer of a humane society, or officer of an animal control or animal regulation department of a public agency to issue a citation to a person or entity keeping horses or other equine animals for hire if the person or entity fails to meet standards of humane treatment regarding the keeping of horses or other equine animals. This bill would expand the group of people to whom an officer may issue a citation to include a person or entity keeping horses or other equine animals for boarding who fails to meet those standards. This bill contains other related provisions and other existing laws.

 

Click here for Bill text, analysis, votes, etc.  Leginfo Link

 

Dead. This bill was strongly opposed by CTBA and other equine groups

 

 

SB 1893

Burton

Dealers and pawnbrokers: regulation.

A-06/14/2004

 

06/22/2004-Set, first hearing. Failed passage in committee. Reconsideration granted.

 

Existing law generally requires a pawnbroker, secondhand dealer, coin dealer, and business machine dealer, as defined, to report specified transactions to the local law enforcement agency where their business is located. Under existing law, upon implementation of an electronic reporting system by the Department of Justice, secondhand dealers and coin dealers are generally required to report this information electronically. Existing law requires that a local law enforcement agency issue a license to engage in the business of a secondhand dealer or pawnbroker to an applicant who meets designated criteria and allows the assessment of a licensure fee. Existing law makes a knowing violation of the provisions regulating these dealers a crime. This bill would generally require that all secondhand tangible personal property, as defined, acquired by a secondhand dealer, coin dealer, business machine dealer, and pawnbroker be reported electronically upon an electronic data reporting system becoming operational . The bill would require the Attorney General, in consultation with local law enforcement agencies and others, to take specified steps toward developing that system and to report to the Legislature on or before January 1, 2006, on the development process. The bill would require, subject to funding and system development criteria, that the electronic data reporting system be operational on or before January 1, 2007, and receive all transaction reports on or before January 1, 2008 . This bill contains other related provisions and other existing laws.

 

Click here for Bill text, analysis, votes, etc.  Leginfo Link

 

Dead. This bill was opposed by CTBA because of the negative effect it would have on our ability to conduct sales. The bill included auctioneers and sale companies and would have increased the regulations and required registration and payment of fees.