Bill Text: CA AB199 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Institutional purchasers: sale of California produce.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2014-03-06 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [AB199 Detail]

Download: California-2013-AB199-Amended.html

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BILL NUMBER: AB 199	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 24, 2013

INTRODUCED BY   Assembly Member Holden

                        JANUARY 29, 2013

   An act to add Chapter 7 (commencing with Section 58595) to 
Part 1 of  Division 21 of the Food and Agricultural Code,
  and to amend Sections 4330 and 4331 of the Government Code,
  relating to institutional purchasers of agricultural
products.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 199, as amended, Holden. Institutional purchasers: sale of
California produce.
   Under existing law, price, fitness, and quality being equal, any
body, officer, or other person charged with the purchase, or
permitted or authorized to purchase supplies for the use of the
state, or of any of its institutions or offices, or for the use of
any county or city, is required to always prefer supplies, defined to
include produce, that are grown, manufactured, or produced in the
state, and is required to next prefer supplies partially
manufactured, grown, or produced in the state. 
   This bill would remove supplies grown or partially grown in the
state from this requirement and produce from the definition of
supplies. This bill, the Choose California Act, would instead require
agricultural products grown, or packed or processed, in California
to be purchased by all California state-owned or state-run
institutions, except schools or school districts, before out-of-state
agricultural products, as specified. This bill would require
California public schools and school districts to purchase
agricultural products grown in California before those that are grown
out-of-state as long as the price does not exceed the lowest bid or
price for an out-of-state product.  
   This bill would encourage all California state-owned or state-run
institutions and all public universities, public schools, and school
districts in California to purchase agricultural products grown in
California to the extent possible. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    This act shall be known, and may be
cited, as the Choose California Act.  
  SEC. 2.    Chapter 7 (commencing with Section
58595) is added to Division 21 of the Food and Agricultural Code, to
read: 
   SECTION 1.    Chapter 7 (commencing with Section
58595) is added to Part 1 of Division 21 of the   Food and
Agricultural Code   , to read: 
      CHAPTER 7.  INSTITUTIONAL PURCHASERS


   58595.  All California state-owned or state-run institutions
 , except schools or   and all public
universities, public schools, and  school districts  ,
shall  in California are encouraged to  purchase
agricultural products grown in California  before those that
are grown outside the state if the following criteria are met:
  to the extent possible.  
   (a) The bids for providing the California grown products or the
prices quoted for them do not exceed by more than 5 percent the
lowest bids or prices quoted for products produced outside the state.
 
   (b) If there are no California-grown agricultural products that
meet the criteria in subdivision (a), then the bid shall go to a
California company that packs or processes its products in the state,
as long as the price quoted by the California company does not
exceed by more than 5 percent the lowest bid or price quoted for
out-of-state products.  
   58596.  All California public schools and school districts shall
purchase agricultural products grown in California before those that
are grown outside the state as long as the price quoted by the
California company does not exceed the lowest bid or price quoted for
an out-of-state product.  
  SEC. 3.    Section 4330 of the Government Code is
amended to read:
   4330.  As used in this article, "supplies" includes goods, wares,
merchandise, and manufactures.  
  SEC. 4.    Section 4331 of the Government Code is
amended to read:
   4331.  Price, fitness, and quality being equal, any body, officer,
or other person charged with the purchase, or permitted or
authorized to purchase supplies for the use of the state, or of any
of its institutions or offices, or for the use of any county or city,
shall always prefer supplies manufactured or produced in the state,
and shall next prefer supplies partially manufactured or produced in
the state.