Bill Text

Bill Information

PDF |Add To My Favorites |Track Bill | print page

AB-861 Africanized honey bees.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 03/23/2017 09:00 PM
AB861:v98#DOCUMENT

Amended  IN  Assembly  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 861


Introduced by Assembly Member Dahle
(Coauthor: Assembly Member Eggman)

February 16, 2017


An act to amend Section 29320 of 29321 of, and to add Section 29322 to, the Food and Agricultural Code, relating to bees.


LEGISLATIVE COUNSEL'S DIGEST


AB 861, as amended, Dahle. Africanized honey bees.
The Apiary Protection Act authorizes the Secretary of Food and Agriculture, in cooperation with the Regents of the University of California, to approve programs statewide to train, on a voluntary basis, beekeepers in the maintenance of colonies free of Africanized honey bees. specifies that any hive or comparable apparatus that is not occupied by a live bee colony and that is accessible to bees is a public nuisance and is subject to abatement in a specified manner.
This bill would make a nonsubstantive change to these provisions. provide that if a county agricultural commissioner determines that the presence of Africanized honey bees in a hive is a public nuisance, the county agricultural commissioner may take any action necessary to abate the public nuisance, as specified. The bill would also delete a provision specifying that if a county agricultural commissioner determines that any bees present in an abandoned hive or comparable apparatus are not aggressive and harbor no diseases, the abandoned hive or comparable apparatus shall not be deemed a public nuisance. To the extent the bill would impose additional duties on county agricultural commissioners, the 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 29321 of the Food and Agricultural Code is amended to read:

29321.
 (a)Any hive or comparable apparatus that is not occupied by a live bee colony, and that is accessible to bees, is a public nuisance. The hive or apparatus shall be subject to abatement in the manner provided for in Article 14 (commencing with Section 29200).

(b)Notwithstanding subdivision (a), if the commissioner determines that any bees present in an abandoned hive or comparable apparatus are not aggressive and harbor no diseases, the abandoned hive or comparable apparatus shall not be deemed a public nuisance. In those cases, the commissioner may request that any beekeeper remove the hive or comparable apparatus from the premises. Any beekeeper who complies with the commissioner’s request may take permanent possession of the abandoned hive or apparatus.

SEC. 2.

 Section 29322 is added to the Food and Agricultural Code, to read:

29322.
 If a commissioner determines that the presence of Africanized honey bees in a hive is a public nuisance that endangers the health, safety, or welfare of the public, the commissioner may take any action necessary to abate the public nuisance, including, but not limited to, moving, selling, destroying, or otherwise disposing of the infested hive.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 29320 of the Food and Agricultural Code is amended to read:
29320.

The secretary, in cooperation with the Regents of the University of California, may approve programs statewide to train, on a voluntary basis, beekeepers in the maintenance of bee colonies free of Africanized honey bees.