California 2023-2024 Regular Session Status: To Executive 1 R cosponsors

AB 2745 — Agricultural pests: public nuisance: civil penalty.

Last action — Vetoed by Governor.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Vetoed by Governor Gavin Newsom (Democratic) on September 27, 2024.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 4 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 56. Noes 2.).

  4. In Assembly. Concurrence in Senate amendments pending.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 4.).

  6. Read second time. Ordered to third reading.

  7. Read third time and amended. Ordered to second reading.

  8. Ordered to third reading.

  9. From Consent Calendar.

  10. Read second time. Ordered to Consent Calendar.

  11. From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.

  12. 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.

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on AGRI.

  14. Referred to Com. on AGRI.

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 0. Page 5347.)

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 14. Noes 0.) (April 24).

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 10). Re-referred to Com. on APPR.

  20. Coauthors revised.

  21. Referred to Com. on AGRI.

  22. From printer. May be heard in committee March 17.

  23. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 5 voted No

Sponsors (1)

  • Mathis

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

AB 2745 Mathis Concurrence in Senate Amendments

Passed 56 Yea · 2 Nay · 21 Other
Party YeaNayPresentNot Voting
Democratic 292016
Republican 12001
Unaffiliated 15004
Total 562021
% of votes cast 71%3%0%27%
How each member voted (79)
Member Party Vote
Holden — Yea
Mathis — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Wood — Yea
Low — Yea
Waldron — Yea
Santiago — Yea
Rendon — Not Voting
Friedman — Not Voting
Essayli — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Not Voting
Wendy Carrillo — Yea
Addis, Dawn Democratic Nay
Aguiar-Curry, Cecilia M. Democratic Not Voting
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Not Voting
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Not Voting
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Not Voting
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Not Voting
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Not Voting
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Not Voting
Lee, Alex Democratic Not Voting
Lowenthal, Josh Democratic Not Voting
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Nay
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Not Voting
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Not Voting
Petrie-Norris, Cottie Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Not Voting
Zbur, Rick Chavez Democratic Not Voting
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Hoover, Josh Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Not Voting
Wallis, Greg Republican Yea

Official roll call →

3rd Reading AB2745 Mathis et al. By Dahle

Passed 23 Yea · 4 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 7103
Democratic 93010
Republican 7000
Total 234013
% of votes cast 58%10%0%33%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Wilk — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Nay
Eggman — Not Voting
Newman — Not Voting
Min — Not Voting
Allen, Benjamin Democratic Nay
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Not Voting
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Not Voting
Gonzalez, Lena A. Democratic Not Voting
Hurtado, Melissa Democratic Yea
Laird, John Democratic Not Voting
Limón, Monique Democratic Not Voting
McGuire, Mike Democratic Not Voting
Menjivar, Caroline Democratic Nay
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Not Voting
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Not Voting
Wahab, Aisha Democratic Nay
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

AB 2745 Mathis Assembly Third Reading

Passed 70 Yea · 0 Nay · 10 Other
Party YeaNayPresentNot Voting
Democratic 43004
Republican 11002
Unaffiliated 16004
Total 700010
% of votes cast 88%0%0%13%
How each member voted (80)
Member Party Vote
Waldron — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Wood — Yea
Low — Yea
Essayli — Yea
Holden — Not Voting
Friedman — Not Voting
Mathis — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Not Voting
Vince Fong — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Not Voting
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Not Voting
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Hoover, Josh Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Not Voting
Wallis, Greg Republican Yea

Official roll call →

Do pass.

Passed 14 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 9000
Unaffiliated 3000
Republican 2001
Total 14001
% of votes cast 93%0%0%7%
How each member voted (15)
Member Party Vote
Villapudua — Yea
Jim Patterson — Yea
Wendy Carrillo — Yea
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Pellerin, Gail Democratic Yea
Wicks, Buffy Democratic Yea
Dixon, Diane Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Not Voting

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 2001
Unaffiliated 3000
Democratic 4000
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Jones-Sawyer — Yea
Villapudua — Yea
Wood — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Connolly, Damon Democratic Yea
Irwin, Jacqui Democratic Yea
Soria, Esmeralda Democratic Yea
Alanis, Juan Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Not Voting

Official roll call →

Subjects

public-safety agriculture
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Frequently asked questions

What does AB 2745 do?
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.
Who sponsors AB 2745?
AB 2745 is sponsored by Mathis and Alanis, Juan (Republican).
What is the current status of AB 2745?
This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2745?
Track AB 2745 free on One Click Politics — get push/email alerts when it moves.

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