BILL NUMBER: SB 1769 CHAPTERED 09/21/02 CHAPTER 769 FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2002 APPROVED BY GOVERNOR SEPTEMBER 20, 2002 PASSED THE SENATE AUGUST 22, 2002 PASSED THE ASSEMBLY AUGUST 15, 2002 AMENDED IN ASSEMBLY AUGUST 1, 2002 AMENDED IN SENATE MAY 21, 2002 AMENDED IN SENATE MAY 14, 2002 AMENDED IN SENATE APRIL 4, 2002 INTRODUCED BY Senator Machado FEBRUARY 21, 2002 An act to amend Section 62560 of the Food and Agricultural Code, relating to market milk. LEGISLATIVE COUNSEL'S DIGEST SB 1769, Machado. Market milk. Existing law authorizes the Secretary of Food and Agriculture to establish and administer a milk producers security trust fund and creates a Milk Producers Security Trust Fund Advisory Board to advise the secretary on the administration of the fund. Existing law directs the secretary to collect security charges on milk, and deposit those charges into the fund until the fund reaches the maximum provided for, as specified. Under existing law, when the fund reaches the maximum provided for in these provisions, the secretary is required to discontinue collection of the security charges except for the purpose of replacing periodically any withdrawals from the fund in order that the maximum amount in the fund is maintained. This bill would authorize the secretary, in consultation with the board, to consider and use alternative financial instruments as an alternative to solely using security charges to meet the above security requirements. This bill would make other nonsubstantive, clarifying, and conforming changes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 62560 of the Food and Agricultural Code is amended to read: 62560. (a) The security charges provided for in Section 62561 shall be collected until the secretary determines that the value of the fund approximates 110 percent of the dollar amount of the total purchases of milk of all classes then currently being paid for and received in one month by the handler with the largest payment obligation to producers for that month. (b) When the fund reaches the maximum provided for in this section, the secretary shall discontinue collection of the security charges. (c) If necessary, the secretary may reinstate the security charges for the purpose of replacing periodically any withdrawals from the fund and otherwise adding money to the fund in order that the maximum value of the fund, as provided in this section, is maintained. (d) In consultation with the Milk Producers Security Trust Fund Advisory Board, the secretary may consider and use alternative financial instruments as an alternative to solely using security charges to meet the financial security requirements of this section. (e) For the purposes of this section, "fund" includes the combined value of any alternative financial instrument and security charge collected.