Pesticides: penalties for violations: civil penalty.
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AB 1419 — Pesticides: penalties for violations: civil penalty.
Last action — Read third time. Refused passage. (Ayes 35. Noes 26. Page 3870.).
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” 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.
This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
Existing law provides that every person who violates a provision of law relating to pesticides, or any regulation issued pursuant thereto, is guilty of a misdemeanor. In lieu of seeking prosecution for a misdemeanor, existing law authorizes the Director of Pesticide Regulation to prosecute a violation civilly, as specified. In lieu of a civil prosecution by the director, existing law authorizes the county agricultural commissioner to levy a civil penalty against a person violating specified provisions of law relating to pest control operations, pesticides, pesticides and worker safety, use of restricted materials, use of an unregistered pesticide, carbon monoxide pest control devices, structural pest control devices, or regulations adopted pursuant to these provisions. This bill would provide that, if the director determines that violations of those specified provisions have been committed in multiple jurisdictions, involve a priority investigation involving human or environmental health effects, as defined, or are not appropriate to be enforced by a county agricultural commissioner for specified reasons, the director may levy a civil penalty of up to $25,000 for each violation in accordance with specified procedural and other requirements, or may refer any of those violations to the proper enforcement agency, including the district attorney of the county in which the violations occurred or the Attorney General. The bill would apply only to violations that occur on or after January 1, 2019. The bill would also make conforming changes.
Bill Text
- Amended 01/10/18 - Amended Assembly Current pdf January 10, 2018
- Amended 09/13/17 - Amended Assembly pdf September 13, 2017
- Introduced 02/17/17 - Introduced pdf February 17, 2017
- AB1419 View text html
Action History
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Read third time. Refused passage. (Ayes 35. Noes 26. Page 3870.).
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 12. Noes 4.) (January 18).
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In committee: Set, first hearing. Referred to APPR. suspense file.
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Re-referred to Com. on APPR.
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Read second time and amended.
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From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (January 9).
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Re-referred to Com. on E.S. & T.M.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Referred to Com. on E.S. & T.M.
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From printer. May be heard in committee March 21.
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Read first time. To print.
Sponsors
- Quirk · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 8 voted No
Sponsors (1)
- Quirk
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 28 | 20 | 0 | 8 |
| Democratic | 7 | 0 | 0 | 8 |
| Republican | 0 | 6 | 0 | 0 |
| Total | 35 | 26 | 0 | 16 |
| % of votes cast | 45% | 34% | 0% | 21% |
How each member voted (77)
| Member | Party | Vote |
|---|---|---|
| Acosta | — | Nay |
| Baker | — | Nay |
| Bigelow | — | Nay |
| Bloom | — | Yea |
| Brough | — | Nay |
| Jones-Sawyer | — | Yea |
| Levine | — | Yea |
| Mathis | — | Nay |
| Mullin | — | Yea |
| O'Donnell | — | Yea |
| Quirk | — | Yea |
| Steinorth | — | Nay |
| Voepel | — | Nay |
| Wood | — | Yea |
| Chau | — | Yea |
| Eggman | — | Not Voting |
| Cooper | — | Nay |
| Gonzalez Fletcher | — | Yea |
| Frazier | — | Nay |
| Gloria | — | Yea |
| Harper | — | Nay |
| Holden | — | Yea |
| Burke | — | Yea |
| Fong | — | Nay |
| Kiley | — | Nay |
| Low | — | Yea |
| Maienschein | — | Yea |
| Mayes | — | Nay |
| McCarty | — | Yea |
| Salas | — | Not Voting |
| Medina | — | Not Voting |
| Melendez | — | Nay |
| Rubio | — | Not Voting |
| Chiu | — | Yea |
| Chu | — | Yea |
| Chávez | — | Nay |
| Cooley | — | Not Voting |
| Nazarian | — | Yea |
| Obernolte | — | Nay |
| Rendon | — | Yea |
| Rodriguez | — | Not Voting |
| Santiago | — | Yea |
| Thurmond | — | Yea |
| Ting | — | Yea |
| Waldron | — | Nay |
| Weber | — | Yea |
| Gray | — | Not Voting |
| Cunningham | — | Nay |
| Daly | — | Yea |
| Friedman | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Not Voting |
| Jim Patterson | — | Nay |
| Mark Stone | — | Yea |
| Travis Allen | — | Nay |
| Wendy Carrillo | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Not Voting |
| Arambula, Joaquin | Democratic | Not Voting |
| Berman, Marc | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Caballero, Anna M. | Democratic | Not Voting |
| Calderon, Lisa | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Not Voting |
| Gipson, Mike A. | Democratic | Not Voting |
| Grayson, Timothy S. | Democratic | Not Voting |
| Irwin, Jacqui | Democratic | Not Voting |
| Kalra, Ash | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Not Voting |
| Reyes, Eloise Gómez | Democratic | Yea |
| Chen, Phillip | Republican | Nay |
| Choi, Steven S. | Republican | Nay |
| Dahle, Megan | Republican | Nay |
| Flora, Heath | Republican | Nay |
| Gallagher, James | Republican | Nay |
| Lackey, Tom | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 3 | 0 | 1 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 12 | 4 | 0 | 1 |
| % of votes cast | 71% | 24% | 0% | 6% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Bigelow | — | Nay |
| Bloom | — | Yea |
| Brough | — | Not Voting |
| Jones-Sawyer | — | Yea |
| Obernolte | — | Nay |
| Gonzalez Fletcher | — | Yea |
| Fong | — | Nay |
| Chau | — | Yea |
| Quirk | — | Yea |
| Eggman | — | Yea |
| Friedman | — | Yea |
| Eduardo Garcia | — | Yea |
| Wendy Carrillo | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Gallagher, James | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 0 | 0 | 1 |
| Democratic | 1 | 0 | 0 | 1 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 5 | 0 | 0 | 2 |
| % of votes cast | 71% | 0% | 0% | 29% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Brough | — | Not Voting |
| Quirk | — | Yea |
| Holden | — | Yea |
| Cristina Garcia | — | Yea |
| Arambula, Joaquin | Democratic | Not Voting |
| Muratsuchi, Al | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 1419 do?
- Existing law provides that every person who violates a provision of law relating to pesticides, or any regulation issued pursuant thereto, is guilty of a misdemeanor. In lieu of seeking prosecution for a misdemeanor, existing law authorizes the Director of Pesticide Regulation to prosecute a violation civilly, as specified. In lieu of a civil prosecution by the director, existing law authorizes the county agricultural commissioner to levy a civil penalty against a person violating specified provisions of law relating to pest control operations, pesticides, pesticides and worker safety, use of restricted materials, use of an unregistered pesticide, carbon monoxide pest control devices, structural pest control devices, or regulations adopted pursuant to these provisions. This bill would provide that, if the director determines that violations of those specified provisions have been committed in multiple jurisdictions, involve a priority investigation involving human or environmental health effects, as defined, or are not appropriate to be enforced by a county agricultural commissioner for specified reasons, the director may levy a civil penalty of up to $25,000 for each violation in accordance with specified procedural and other requirements, or may refer any of those violations to the proper enforcement agency, including the district attorney of the county in which the violations occurred or the Attorney General. The bill would apply only to violations that occur on or after January 1, 2019. The bill would also make conforming changes.
- Who sponsors AB 1419?
- AB 1419 is sponsored by Quirk.
- What is the current status of AB 1419?
- This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” 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 1419?
- Track AB 1419 free on One Click Politics — get push/email alerts when it moves.
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