Bill Text: CA AB604 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Pest control: citrus disease prevention.

Spectrum: Bipartisan Bill

Status: (Passed) 2010-04-28 - Chaptered by Secretary of State - Chapter 17, Statutes of 2010. [AB604 Detail]

Download: California-2009-AB604-Amended.html

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BILL NUMBER: AB 604	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2009

INTRODUCED BY   Assembly Member Fuller

                        FEBRUARY 25, 2009

   An act to amend Section 52851 of, and to add Section 52857 to, the
Food and Agricultural Code, relating to cotton, and making an
appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 604, as amended, Fuller. Cotton: San Joaquin Valley Quality
Cotton District.
   Existing law establishes the San Joaquin Valley Quality Cotton
District for the purposes of promoting, encouraging, aiding, and
protecting the planting and growing of cotton in California. Existing
law establishes the San Joaquin Valley Cotton Board, composed as
specified, and establishes that the duties and powers of the board
include, but are not limited to, establishing quality standards,
reviewing test data and approving for release and planting cotton
varieties, as specified, and making recommendations to the Secretary
of Food and Agriculture on all matters pertaining to the district.
Existing law provides funding for the board and enforcement of these
provisions through assessments and requires that all moneys received
pursuant to these provisions, which are deposited in the Food and
Agriculture Fund, be used exclusively for purposes of the district.
   This bill would make these provisions and related regulations
inoperative except for those establishing the board and other
specified provisions. The bill would authorize the board, with the
concurrence of the Secretary of Food and Agriculture, to periodically
determine that provisions made inoperative by this bill become
operative for a specified period of time. The bill would authorize
the board to make refunds or transfers of moneys deposited in the
Food and Agriculture Fund, as specified. Because the bill would
authorize the use of these funds for a new purpose, the bill would
make an appropriation.  The bill would require the board to
provide an annual report to the Legislature specifying the actions
taken pursuant to those provisions, and would require the board to
notify known eligible growers and industry members of any action
proposed to be taken pursuant to those provisions prior to taking
that action, which could be taken only at a properly noticed public
hearing of the board. 
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 52851 of the Food and Agricultural Code is
amended to read:
   52851.  Subject to Section 52857, the Legislature hereby declares
that the purposes of this chapter are to promote, encourage, aid, and
protect the planting and growing of cotton in the State of
California; that it believes that these purposes can best be
accomplished by restricting within certain areas the planting and
growing of but two types of cotton, which are Acala and Pima; that,
by this means, it is possible to bring the cotton-growing industry in
the state to its highest possible development and to ensure the
growing of the most superior varieties of cotton; that the planting
of pure seed is essential to the production of more marketable and
better grades of cotton and cottonseeds, and for the production of
grades of fiber best suited for manufacturing purposes; and that the
planting of impure seeds or plants, other than those authorized in
these areas, is an economic harm and loss to the planter thereof and
an irreparable injury to the adjoining or neighboring growers.
  SEC. 2.  Section 52857 is added to the Food and Agricultural Code,
to read:
   52857.  (a) Effective January 1, 2010, all provisions of this
chapter and related regulations, except Sections 52855, 52871, 52942,
and 52945, shall be inoperative except as otherwise provided in this
section.
   (b) The board, with the concurrence of the secretary, may
periodically determine that specific sections of this chapter and
related regulations shall become operative for a specified period of
time.
   (c) Notwithstanding any other provision in this chapter, the
board, with the concurrence of the secretary, may determine whether
funds collected pursuant to this chapter and deposited in the Food
and Agriculture Fund shall be refunded in whole or in part to
eligible persons or transferred to persons or organizations subject
to this chapter. The board, with the concurrence of the secretary, is
authorized to make a refund or transfer pursuant to this
subdivision. 
   (d) The board shall provide an annual report to the Legislature
specifying the actions taken pursuant to subdivisions (b) and (c).
 
   (e) The board shall notify all eligible growers and industry
members known to the board of any action proposed to be taken
pursuant to subdivision (b) or (c) prior to taking that action, and
the action shall be taken only at a properly noticed public hearing
of the board.