BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1604|
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UNFINISHED BUSINESS
Bill No: SB 1604
Author: Ashburn (R)
Amended: 8/23/04
Vote: 27 - Urgency
SENATE AG. & WATER RESOURCES COMMITTEE : 10-0, 4/20/04
AYES: Aanestad, Alpert, Denham, Ducheny, Hollingsworth,
Kuehl, Margett, Perata, Poochigian, Torlakson
NO VOTE RECORDED: Machado, Bowen, Florez
SENATE FLOOR : 32-0, 4/29/04
AYES: Ackerman, Alarcon, Alpert, Ashburn, Bowen, Brulte,
Burton, Chesbro, Denham, Ducheny, Dunn, Escutia,
Figueroa, Florez, Johnson, Kuehl, Machado, Margett,
McClintock, Morrow, Murray, Oller, Ortiz, Perata,
Poochigian, Romero, Scott, Sher, Speier, Torlakson,
Vasconcellos, Vincent
NO VOTE RECORDED: Aanestad, Battin, Cedillo,
Hollingsworth, Karnette, Knight, McPherson, Soto
ASSEMBLY FLOOR : Not available
SUBJECT : Pest control: Pierces disease
SOURCE : California Grape and Tree Fruit League
DIGEST : This bill makes various technical and clarifying
changes to the Table Grape Pest and Disease Control
District Law enacted last year.
Assembly Amendments make clarifying changes to the Senate
CONTINUED
SB 1604
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2
version and specifically requires that any assessment level
shall follow the requirements established in Proposition
218.
ANALYSIS : Existing law, the Table Grape Pest and Disease
Control District Law, establishes a procedure for the
organization, operation and dissolution of districts to,
among other things, respond to, manage, and control the
effects of the spread of the glassy-winged sharpshooter and
Pierce's disease, and other pests that attack grapevines.
Specifically, this bill:
1.Clarifies that owners and not growers of table grapes can
petition to form a District.
2.Clarifies that owners and not growers of table grapes
will be serving on the District's board.
3.Clarifies that the term acreage, as opposed to land,
should be used when referring to property within the
District.
4.Requires that owners of 15 percent of the table grape
acreage have to sign the petition requesting the
District's formation.
5.Clarifies the ability of the board of supervisors to
charge the District for actual expenses it incurs in the
formation of the District.
6.Removes the requirement that the table grape acreage
owners have to vote to uphold the creation of the
District or the approval of the District's continuation.
7.Allows a District to recommend to the board of
supervisors that an assessment be levied on the owners of
acreage of table grapes being grown in the District to
pay obligations of the District incurred to accomplish
the purposes of the District.
8.Requires that any assessment levied shall follow the
requirements established in Proposition 218.
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3
9.Provides a District with the ability to respond to the
effects of other designated pests beyond the
glassy-winged sharpshooter.
Comments
Last year SB 633 (Ashburn), Chapter 244, Statutes of 2003,
authorized the creation of the Table Grape Pest and Disease
Control District. The table grape industry in Kern County
is interested in forming a district to control and
eradicate the Glassy-winged Sharpshooter. Before SB 633
could be implemented, the Kern County Assessor's Office
raised concerns regarding the ability to collect the needed
assessment.
This bill authorizes the petitioning of table grape growers
in order to form the district. However, because there are
circumstances where a grower leases property and does not
own the property, the County Assessor was concerned that
the grower could vote to approve an assessment without the
owner's knowledge that their property tax would be
increased. As a result, it was determined that current law
needed to be clarified that only owners and not growers
could petition to form the district.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/24/04) (Per Assembly Agriculture
Committee)
California Grape and Tree Fruit League (source)
TSM:cm 8/25/04 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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