Bill Text: CA SB1415 | 2011-2012 | Regular Session | Introduced
Bill Title: Olive trees: annual assessment: exemptions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-06-06 - Hearing postponed by committee. [SB1415 Detail]
Download: California-2011-SB1415-Introduced.html
BILL NUMBER: SB 1415 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Wolk
FEBRUARY 24, 2012
An act to amend Section 6981 of the Food and Agricultural Code,
relating to olives.
LEGISLATIVE COUNSEL'S DIGEST
SB 1415, as introduced, Wolk. Olive trees: annual assessment:
exemptions.
Existing law imposes an annual assessment of 1% on the gross sales
of all deciduous pome and stone fruit trees, nut trees, olive trees,
and grapevines, including seeds, seedlings, rootstocks, and
topstock, including ornamental varieties of apple, apricot,
crabapple, cherry, nectarine, peach, pear, and plum, produced and
sold within the state or produced within and shipped from the state
by any licensed nursery dealer. Existing law provides that the
Secretary of Food and Agriculture may exempt from the assessment
certain species of pome and stone fruit, nut trees, olive trees,
grapevines, or ornamental varieties of apple, apricot, crabapple,
cherry, nectarine, olive, peach, pear, and plum if it can be
demonstrated that no benefit is derived by these species from
specified programs established by existing law concerning pome and
stone fruit trees, nut trees, olive trees, and grapevines, as
provided.
This bill would remove species of olive trees from the plants that
the secretary may exempt from the assessment and instead allow the
secretary to exempt certain varieties of olive trees from the
assessment. The bill would also make a clarifying change.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6981 of the Food and Agricultural Code is
amended to read:
6981. (a) An annual assessment of 1 percent shall be levied on
the gross sales of all deciduous pome and stone fruit trees, nut
trees, olive trees, and grapevines, including seeds, seedlings,
rootstocks, and topstock, including ornamental varieties of apple,
apricot, crabapple, cherry, nectarine, olive, peach, pear, and plum,
produced and sold within the state or produced within and shipped
from the state by any licensed nursery dealer. For packaged or
containerized stock, the assessment shall be levied on the producer's
bareroot price of the plants.
(b) The secretary, as appropriate, and on the recommendation of
the board established pursuant to Section 6988, may exempt from the
assessment certain species of pome and stone fruit, nut trees
, olive trees , grapevines, or varieties of
olive trees, or ornamental varieties of apple, apricot,
crabapple, cherry, nectarine, olive, peach, pear, and plum if it can
be demonstrated that no benefit is derived by these species or
varieties from programs described in subdivision (d).
(c) The assessment shall be applied at the point of sale where the
nursery stock is sold by a producer to persons other than California
producers of nursery stock that is subject to assessment under
subdivision (a).
(d) The secretary may set the assessment at a lower percent to
cover the costs necessary to implement and carry out all department
programs established pursuant to Article 7 (commencing with Section
5821) of Chapter 8 of Part 1 concerning the registration and
certification of pome and stone fruit trees, nut trees, olive trees,
and grapevines; the University of California foundation plant
materials service activities concerning pome and stone fruit trees,
nut trees, olive trees, and grapevines; and other activities related
to the development of planting materials for pome and stone fruit
trees, nut trees, olive trees, and grapevines.
