California 2009-2010 Regular Session Status: Enacted

AB 905 — Agricultural commodities.

Last action — Chaptered by Secretary of State - Chapter 487, Statutes of 2009.

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

This bill has been enacted into law. Introduced February 26, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law provides that for lots over 200 pounds of any fruits, nuts, or vegetables that are the food product of any tree, vine, or plant, and for lots of over 200 pounds of walnut burl wood, every person who sells that commodity shall provide the buyer or transporter with a record of proof of ownership for each lot of the commodity. Existing law provides that every person who buys the commodity for resale shall obtain from the previous buyer or from the transporter a record of proof of ownership for each lot of the commodity. Other provisions of existing law provide that a violation of these provisions is a misdemeanor. This bill would, except regarding walnut burl wood, as to which the 200-pound minimum would continue to apply, provide a 25-pound minimum for these lots to be subject to the above requirements concerning proof of ownership. The bill would provide that the record of proof of ownership provisions shall also apply to every person who sells or buys the commodity for resale, processing, or further distribution through any commercial or nonprofit enterprise. By expanding the scope of existing provisions of law, the violation of which is a misdemeanor, this bill would impose a state-mandated local program. Existing law provides that upon reasonable belief that a person is in unlawful possession of an agricultural commodity, as specified, the commodity may be held by the Secretary of Food and Agriculture, the county agricultural commissioner, or by any peace officer and that the commissioner may hold the commodity on the premises where it was seized, pending disposal as specified. This bill would provide, in addition, that the commodity may be seized by the secretary, commissioner, or any peace officer, and that the commissioner may take possession and maintain custody of the commodity, pending disposal as specified. Existing law provides that every person who is in possession of over 40 pounds of avocados that are produced in this state shall possess a record of proof of ownership of the avocados. Other provisions of existing law provide that a violation of these provisions is an infraction or a misdemeanor, as specified. This bill would instead require a record of proof of ownership for possessing over 25 pounds of avocados. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 487, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 5:15 p.m.

  4. In Assembly. To enrollment.

  5. Read third time, passed, and to Assembly. (Ayes 39. Noes 0. Page 1925.)

  6. Ordered to Special Consent Calendar.

  7. Read second time. To third reading.

  8. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  9. From committee: Do pass, and re-refer to Com. on APPR with recommendation: To Consent Calendar. Re-referred. (Ayes 4. Noes 0.) (July 7).

  10. In committee: Hearing postponed by committee.

  11. Referred to Com. on F. & A.

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

  13. Read third time, passed, and to Senate. (Ayes 78. Noes 0. Page 1366.)

  14. Read second time. To Consent Calendar.

  15. From committee: Do pass. To Consent Calendar. (April 29).

  16. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 8. Noes 0.) (April 15).

  17. Re-referred to Com. on AGRI.

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

  19. Referred to Com. on AGRI.

  20. From printer. May be heard in committee March 29.

  21. Read first time. To print.

Sponsors

  • Committee on Agriculture · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Committee on Agriculture

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 40 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 37001
Democratic 2000
Republican 1000
Total 40001
% of votes cast 98%0%0%2%
How each member voted (41)
Member Party Vote
Yee — Yea
Cogdill — Yea
Ducheny — Yea
Hancock — Yea
Harman — Yea
Hollingsworth — Yea
Leno — Yea
Wyland — Yea
Pavley — Not Voting
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ashburn — Yea
Benoit — Yea
Dutton — Yea
McLeod — Yea
Oropeza — Yea
Romero — Yea
Aanestad — Yea
Alquist — Yea
Huff — Yea
Kehoe — Yea
Liu — Yea
Maldonado — Yea
Price — Yea
Walters — Yea
Cedillo — Yea
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 90 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 82002
Democratic 5000
Republican 3000
Total 90002
% of votes cast 98%0%0%2%
How each member voted (92)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Evans — Yea
Feuer — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Duvall — Not Voting
Fuller — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Bass — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hernandez — Yea
Huffman — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Emmerson — Yea
Eng — Yea
DeVore — Yea
Yamada — Not Voting
Fuentes — Yea
Garrick — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 19000
Democratic 1000
Republican 1000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Duvall — Yea
Fuentes — Yea
Harkey — Yea
Krekorian — Yea
Miller — Yea
Monning — Yea
Price — Yea
Ammiano — Yea
Nielsen — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 905 do?
Existing law provides that for lots over 200 pounds of any fruits, nuts, or vegetables that are the food product of any tree, vine, or plant, and for lots of over 200 pounds of walnut burl wood, every person who sells that commodity shall provide the buyer or transporter with a record of proof of ownership for each lot of the commodity. Existing law provides that every person who buys the commodity for resale shall obtain from the previous buyer or from the transporter a record of proof of ownership for each lot of the commodity. Other provisions of existing law provide that a violation of these provisions is a misdemeanor. This bill would, except regarding walnut burl wood, as to which the 200-pound minimum would continue to apply, provide a 25-pound minimum for these lots to be subject to the above requirements concerning proof of ownership. The bill would provide that the record of proof of ownership provisions shall also apply to every person who sells or buys the commodity for resale, processing, or further distribution through any commercial or nonprofit enterprise. By expanding the scope of existing provisions of law, the violation of which is a misdemeanor, this bill would impose a state-mandated local program. Existing law provides that upon reasonable belief that a person is in unlawful possession of an agricultural commodity, as specified, the commodity may be held by the Secretary of Food and Agriculture, the county agricultural commissioner, or by any peace officer and that the commissioner may hold the commodity on the premises where it was seized, pending disposal as specified. This bill would provide, in addition, that the commodity may be seized by the secretary, commissioner, or any peace officer, and that the commissioner may take possession and maintain custody of the commodity, pending disposal as specified. Existing law provides that every person who is in possession of over 40 pounds of avocados that are produced in this state shall possess a record of proof of ownership of the avocados. Other provisions of existing law provide that a violation of these provisions is an infraction or a misdemeanor, as specified. This bill would instead require a record of proof of ownership for possessing over 25 pounds of avocados. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. 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.
Who sponsors AB 905?
AB 905 is sponsored by Committee on Agriculture.
What is the current status of AB 905?
This bill has been enacted into law. Introduced February 26, 2009. Enacted.
Where can I track AB 905?
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