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 SENATE  SEPTEMBER 1, 2009
	AMENDED IN ASSEMBLY  MAY 5, 2009
	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.   An act to amend
Section 52891 of, and to repeal Sections 52879, 52951, 52952, and
52953 of, the Food and Agriculture Code, relating to cotton. 


	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  one of  the duties 
and powers  of the board  include, but are not
limited to, establishing quality standards, reviewing  
is to annually review  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 instead provide that the board has a duty to
periodically review test data and approve for release and planting
cotton varieties, as specified.  
   Existing law provides that the board has the power to sue and be
sued, and to enter into contracts. Existing law establishes that
copies of the board's proceedings, records, and acts, when certified
by the secretary of the board, shall be admissible in evidence in all
courts of the state. Existing law authorizes the board to annually
assess cotton growers an amount, as specified, and requires that this
money be used exclusively for promotion, research, and related
administrative expenses.  
   This bill would repeal those provisions.  
   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   no
 . Fiscal committee: yes. State-mandated local program: no.


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

   SECTION 1.    Section 52879 of the   Food
and Agricultural Code   is repealed.  
   52879.  Upon implementation of Article 9.5 (commencing with
Section 52951), the board shall have the power to sue and be sued,
and to enter into contracts. Copies of its proceedings, records, and
acts, when certified by the secretary of the board, shall be
admissible in evidence in all courts of the state, and shall be prima
facie evidence of the truth of all statements therein. 
   SEC. 2.    Section 52891 of the   Food and
Agricultural Code   is amended to read: 
   52891.  The powers and duties of the board shall include, but not
be limited to, all of the following:
   (a) Establish a separate Acala and Pima quality standard. When
determining each standard, the board shall consider fiber length,
strength, uniformity, micronaire, seed quality, productivity,
resistance to disease, including verticillium wilt, and spinning
characteristics.
   (b)  Annually   Periodically  review
test data and approve for release and planting within the district,
cotton varieties that meet the existing Acala or Pima quality
standard but are superior in some meaningful respect, as determined
by the board, and that have qualities generally recognized by the
cotton industry to be essential factors in producing that cotton
within the district, or significant area within the district.
   (c) Conduct or commission tests for cotton production and quality
evaluation in accordance with procedures to be adopted pursuant to
Section 52902, and assess fees necessary for administering those
tests.
   (d) Conduct periodic referendums, as specified in this chapter,
regarding the continuation of the district. A referendum shall also
be conducted whenever the board proposes substantive changes in the
Acala or Pima quality standard.
   (e) Require all cotton varieties approved for release for
planting, and produced in the district, to contain the word "Acala"
or "Pima" in labeling and all lint to be marketed as "SJV Acala" or
"SJV Pima."
   (f) Recommend to the secretary on all matters pertaining to this
chapter including, but not limited to, the program for enforcing this
chapter and the setting of an appropriate seed assessment rate
necessary for the administration of this chapter.
   SEC. 3.    Section 52951 of the   Food and
Agricultural Code   is repealed.  
   52951.  The board is authorized to annually assess cotton growers
in the district in an amount not to exceed one-half of 1 percent of
each grower's gross dollar value from the previous year's cotton
crop. 
   SEC. 4.    Section 52952 of the   Food and
Agricultural Code   is repealed.  
   52952.  Assessments collected under this article are subject to
Section 52937 and Section 52932 and shall be used exclusively for
promotion, research, and related administrative expenses. 
   SEC. 5.    Section 52953 of the   Food and
Agricultural Code   is repealed.  
   52953.  The board shall develop a procedure for collecting
assessments under this article.
   (a) Collection of the assessment may be required of cotton growers
or cotton handlers.
   (b) A penalty of 10 percent of the unpaid assessment fee due and
payable may be imposed.  
  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, 52887,
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.