Ag Alert Jan. 26, 2022

Farm Bureau Policies 2022

No. 441 Vandalism and Disruptive Activities on Public Facilities

Land Acquisition and Financing Policy Fiftypercentof the landinCalifornia isownedby thegovernment. This offers adequate opportunity for outdoor recreational develop- ment without need for further land acquisition by public agencies. This government land ownership is well dispersed over the state and can be made accessible and suitable for recreation through the development of accessways and the necessary onsite facilities. Whenever adetermination ismadebyanygovernmental agency that productive agricultural land is needed toprotect public facili- ties or interests, the governmental agency shouldbe limited to the acquisition of rights to the use of the land to the degree necessary to afford the protection required. General obligation bonds should not be used for recreational purposes, except for recreational facilities that are incidental to infrastructure projectswhich are appropriately fundedby general obligation bonds, such as reservoirs. Such programs should be as self-supporting as possible from revenues obtained through user fees, rather than on revenues derived fromadjacent landholders, such as crossing fees, parcel and other special taxes. Acquisition of access ways over private land for such purposes should be only by negotiation, purchase or lease and not by the use of the power of eminent domain. Greater emphasis should be placed upon development of existing government land. No future acquisitions of private land by governmental agencies for public use shouldbe allowed to decrease the percentage of land inCaliforniawhich is sharingproperty tax responsibilities. Futurede- creases inprivate landholdingsshouldbeoffsetbysalesofpublic land, eitherfromstate,federalorfoundationstatustoprivate,taxpayingstatus. Riding and Hiking Trails We oppose the development of public recreational trails where they are incompatible with adjacent agricultural uses. These trails increase the likelihood of, including but not limited to, theft, van- dalism, ecoterrorism, bioterrorism, fire, and food safety and create other problems for neighboring agricultural lands. Unless these issues areaddressed to the satisfactionof the impacted landowners and lessees, no trail should be constructed in agricultural areas. When trails and their required buffers are developed, both should beconfinedtothesubjectpropertyandshouldnot adversely impact neighboring agricultural operations.We oppose the abandonment of existing compatible equestrian trails on government lands. Trail development should be limited to government-owned land such as government-owned rights-of-way, forest, park and rangeland. However, should these trails be established on property not owned by the government, they shall be purchased or leased at the owner’s option with public funds and the governmental agency responsible for their existence must be responsible and liable for damagesarisingoutof theiruse.Theuseof so-called“policepowers” of local government toforcethededicationofprivateproperty foruse by a relatively small segment of the population shouldbe opposed. Rights-of-Way for Recreational Trails Landowners should not be required to donate rights-of-ways for recreation trails and other recreational uses as a condition for obtaining any use permit. Sucha requirement amounts to the tak- ing of property without due compensation. These trails through anduses of private property also add an increased exposure of the landowner to liability to those injured on the property and upon adjacent properties for off-trail movement. The public agency responsible for the trail should be responsible for indemnifying the property owner or agricultural lessee, against liability and property loss, and compensating landholders if recreational uses create damages such as, but not limited to trespassing, theft, van- dalism, fire, damage related to food safety concerns, and crop loss. Public River Access Local government must be responsible for mitigating impacts and compensate landowners if public river access occurs next to agricultural lands creating damages such as, but not limited to, trespassing, theft, vandalism, and crop loss. To ensure that a proposed public access plan shall not infringe onany farmer’s right to farm, it is imperative that anadoptedRight- to-Farm ordinance be posted and enforced on all recreational access sites. (Rev. 2020) No. 436 Urban Open Space Preservation We believe that the preservation of open space lands for visual and recreational benefits within urban centers is a valid concept. However, bynomeans should the concept of “open space” be con- fusedwith the idea of “agricultural preservation.” In the acquisition of agricultural land for open space, said land should not be priced at values lower than that obtainable without down zoning. (Rev. 1988) No. 437 Motor Vehicles on Public Lands We support legislation and regulation necessary to adequately regulate the indiscriminate use of motor vehicles on public lands.

Public landmanagement agencies andorganizedmotor vehicle clubs shouldcooperate in theeffort tocontrol indiscriminateuseof motor vehicles onpublic landwhich results indamage to the land and related natural resources. No. 438 Trespass Laws We urge the continued strengthening and enforcement of tres- pass and vandalism laws in California. We support legislation which would provide for punishment commensurate with the degree of damage resulting from acts of trespass and/or vandalism. We support stronger enforcement by thepoliceandpunishment by the judiciary of anyone violating trespass and vandalism laws. We support aminimum$500 fine, community service and restitu- tion with a portion of the fine going to help fund local rural crime prevention efforts for all convicted trespass offenders. We urge that a lien be placed against a person doing property or fence damage, by a court of law, in a complaint filed by the law agency involved. We support the proposition that no liability nor cause of action shall arise against landowners if trespassers are attacked by guard dogs protecting herds, flocks, crops or property, or if they incur other injuries while trespassing. We support mandatory restitution for property and/or fence damage caused by vehicles, trespassers or vandals. (Rev. 2003) No. 439 Trespass Marijuana Grows Lawenforcement shall notify the landowner ormanaging agen- cywhenawareof trespassmarijuanagrowsonprivateagricultural/ resourceproperties or public lands (USFS/BLM) toprovidepublic safety, protectionof wildlife and the environment. Inaddition, law enforcement shall make reasonable efforts to make arrests with convictions for theperson(s) responsible for the trespass grow(s). If lawenforcement eradicates trespassmarijuanagrows fromprivate agricultural/resourcepropertiesorpublic lands they shouldalso, in coordinationwith the landowner ormanaging agency, remove all environmentally hazardous infrastructure, refuse, and toxic sub- stances foundat the site(s) ina timelymanner. Funding for cleanup and restoration activities should be a collaborative effort between law enforcement, environmental agencies and other public or private entities. The costs associated with the cleanup process resulting from trespass grow(s) should not be the responsibility of the private landowner. (2013) No. 440 Rural Crime The continued rise in rural crime such as vandalism and theft of agricultural property underscores the need for stricter laws, in- creased enforcement, and prosecution to the full extent of the law in theseareas.We support theefforts of theRural CrimePrevention Task Force in addressing this problem. We encourage the assessment of administrative, civil, and criminal charges and monetary penalties for rural crimes at levels equivalent to the severity of the violation and in a man- ner that encourages the prosecution of violators by state and local officials. We support additional government funding for the establish- ment and enhancement of Rural Crime Investigationprograms in each Sheriff ’s Department in California. Specifically, we encourage (1) the use of the NCIC identifica- tion system for farmmachinery and agricultural commodities; (2) efforts of county governments to establish ordinances to aid in identification of ownership of agricultural commodities; (3) the development of a livestock identification system, including stricter inspectionof animals leaving the state, at points of sale and at slaughter facilities; (4) scrapmetal dealers toworkwith local law enforcement to curb the theft of equipment with metal parts for scrap; and (5) further training of local law enforcement officers in the prevention of agricultural crimes. We support state funding and enforcement personnel to aid local lawenforcement with the removal of illegal drug production fromprivateandstate lands, and fundingandenforcement person- nel fromthe federal government to aid local lawenforcement with the removal of illegal drug production from federal lands. The increase in illegal drug manufacturing presents a serious problem, especially in rural areas. Innocent property owners shouldbeheldharmless for the clean-upcosts of clandestine labs. We support efforts to create a statewide solution tometal theft fromrural areas. Toreduce themarket for stolenmetals, a statewide standard for scrapmetal recycling should be established. We support fundingof a tracking systemcovering all counties in California to record agricultural crime and loss data. We support improvedcommunicationeffortsbetween local law enforcement agencies and theagricultural community. (Rev. 2019)

Civilianauthority and the courts shouldaccept the responsibil- ity for protecting the rights of the public fromdissident elements and vandalism at public facilities. We urge that current laws be enforced, including those pertaining to restitution. No. 442 Structural Fire Insurance Rural residents should have access to reasonable structural fire insurance. (2019) No. 443 Firearms We support: (1) Firearmsafety programs; (2)Legislationthatwouldprohibitlawsuitsagainstanyfirearmman- ufacturer for the illegal or accidental useof firearmsbya thirdparty; (3) Mandatory imprisonment of persons convicted of a felony involving use of firearms; (4) State-issued individual conceal/carry permits being recog- nized nationally; (5) The removal of sound suppressors from the National Firearms Act, as well as removal of the $200 tax stamp; and (6) Legislation or regulatory action to allow for the inclusion of both a post office box and a physical address on driver licenses issued by the California Department of Motor Vehicles. We oppose: (1) Limiting the rights of UnitedStates citizens topurchase, pos- sess, or sell firearms through registration and licensing; (2) Any additional expansionof taxes onor new taxationof fire- arms, ammunition, or reloading equipment and supplies; (3)Morestringent guncontrol laws; anynewcommitment ingun control shouldbemade by the strict enforcement of current laws; (4)Mandatory background checks for private firearms transac- tions between law-abiding citizens of the United States; (5)Restricting lawful firearmuseandhunting through theenact- ment of no-shooting zones, landuse restrictions, andother regula- tionswithout aclear, factual, andundeniablepublic safetyconcern; (6) Using taxpayermoney andmoney fromhunting and fishing licenses topay for anti-gunpromotions, advertising campaigns, or propaganda fromanti-gungroups, electedgovernment officials, or government agencies; (7) Any restriction on the use of lead ammunition; (8) Limitingor restricting thepurchaseor possessionof ammuni- tionandtheimplementationofanytypeofammunitiontracking;and (9) Gun-free zones, includingmilitary bases. (Rev. 2017) No. 444 Minor Felons The names of minor children who have been convicted of a felony should be public information. (1986) No. 445 Wildfire Home Hardening and Defensible Space Insupportofprotectingprivateproperty,structures,andruralcom- munities fromcatastrophicwildfires, all agenciesmust recognize re- gionaldifferencesinvegetation,potentialwildfirerisk,andcommunity wildfiremitigation efforts, anddistinguishbetween various types of structures.Homehardeningcanbepartofamultifacetedapproachto mitigatingwildfiresandshouldnot replaceothernecessarystrategies like vegetationmanagement and fuels reduction. In identifying the appropriatenessof risk-mitigationstrategies, financialandeconomic considerationsmust be taken intoaccount. (2022)

Labor

No. 551 Agricultural Labor

Agricultural labor is a complex, unique and important aspect of agriculture.We support equitable enforcement of andcompliance with laws affectingagricultural labor. Asoundagricultural labor re- lations programemphasizing the realities, importance anddignity of agricultural workers should be promoted. A. Agricultural Labor Recruitment Agriculturalworkforceavailabilityshouldbedevelopedtothefullest. B. Agricultural Collective Bargaining We recognize the right of agricultural employees to organize and bargain for their services as well as their right to refrain from these activities. The right of agricultural employees to cast secret ballots on the issue of union representation in the seclu- sion of a private voting booth during an election supervised by

34 Ag Alert January 26, 2022

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