California 2017-2018 Regular Session Status: Passed Assembly

AB 1419 — Pesticides: penalties for violations: civil penalty.

Last action — Read third time. Refused passage. (Ayes 35. Noes 26. Page 3870.).

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

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Action History

  1. Read third time. Refused passage. (Ayes 35. Noes 26. Page 3870.).

  2. Read second time. Ordered to third reading.

  3. From committee: Do pass. (Ayes 12. Noes 4.) (January 18).

  4. In committee: Set, first hearing. Referred to APPR. suspense file.

  5. Re-referred to Com. on APPR.

  6. Read second time and amended.

  7. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (January 9).

  8. Re-referred to Com. on E.S. & T.M.

  9. From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended.

  10. In committee: Set, first hearing. Hearing canceled at the request of author.

  11. Referred to Com. on E.S. & T.M.

  12. From printer. May be heard in committee March 21.

  13. Read first time. To print.

Sponsors

  • Quirk · Primary

Sponsorship breakdown

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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.

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"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

Failed 35 Yea · 26 Nay · 16 Other
Party YeaNayPresentNot Voting
Unaffiliated 282008
Democratic 7008
Republican 0600
Total 3526016
% 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

Official roll call →

Do pass.

Passed 12 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9301
Democratic 3000
Republican 0100
Total 12401
% 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

Official roll call →

Subjects

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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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