BILL NUMBER: AB 2920	CHAPTERED  07/16/04

	CHAPTER  170
	FILED WITH SECRETARY OF STATE  JULY 16, 2004
	APPROVED BY GOVERNOR  JULY 15, 2004
	PASSED THE SENATE  JULY 2, 2004
	PASSED THE ASSEMBLY  MAY 10, 2004

INTRODUCED BY   Assembly Member Laird

                        FEBRUARY 20, 2004

   An act to amend and repeal Section 6723 of the Food and
Agricultural Code, relating to nursery stock, and making an
appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2920, Laird.  Nursery stock.
   Existing law requires nursery stock sellers to be licensed by the
Department of Food and Agriculture.  Existing law, until July 1,
2005, requires the Secretary of Food and Agriculture to establish the
minimum license fee in an amount not to exceed $180, and authorizes
the secretary to fix the minimum license fee at an amount that is
less than $180.  On July 1, 2005, existing law requires that the
secretary establish the minimum license fee in an amount not to
exceed $100 and authorizes the secretary to fix the minimum license
fee at an amount that is less than $100.
   This bill would eliminate the repeal date on the provisions that
establish the $180 minimum on the license fee, thereby extending this
fee indefinitely, and would also repeal the provisions that require
the secretary to establish the minimum license fee in an amount not
to exceed $100 and authorize the secretary to fix the minimum license
fee at an amount that is less than $100.  By increasing fees that
will be deposited into the continuously appropriated Food and
Agricultural Fund, the bill would make an appropriation.
   Appropriation:  yes.


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


  SECTION 1.  Section 6723 of the Food and Agricultural Code, as
amended by Section 1 of Chapter 450 of the Statutes of 1999, is
amended to read:
   6723.  (a) The secretary shall establish the minimum license fee
at an amount not to exceed one hundred eighty dollars ($180).
   (b) The secretary may fix the minimum license fee at an amount
that is less than one hundred eighty dollars ($180) and may adjust
the license fee if, after investigation and due notice, the secretary
finds that the cost of administering this division and Chapter 5
(commencing with Section 53301) of Division 18, which relate to
nursery stock, can be defrayed from revenues derived from the license
fee in combination with those sums as provided by Sections 435 and
5822.
   (c) Both of the following amounts shall be added as an additional
license fee to the license fee established pursuant to subdivisions
(a) and (b):
   (1) An equal sum for each branch salesyard, store, or sales
location that is owned and operated by the applicant in the state.
   (2) (A) An acreage fee in an amount to be established by the
secretary for land used in the production, storage, or sale of all
nursery stock, except as provided in subparagraph (B), in excess of
one acre, which the secretary determines is necessary to carry out
this part and any portion of this code that relates to nursery stock.
  The total acreage fee shall not be less than twenty-five dollars
($25) nor more than nine hundred dollars ($900) for each licensee.
The acreage fee shall be calculated using as a basis the total of the
acreage at all locations where nursery stock is produced, stored, or
sold.
   (B) Subparagraph (A) does not apply to those licensees whose gross
income from the production of cut flowers and cut ornamentals is 75
percent or greater of the gross income of their nursery.
   (d) As to all the fees, the secretary may require payment of
prorated amounts when necessary in the issuance of new licenses for
branch salesyards, stores, or sales locations to persons already
licensed pursuant to the licensing periods established in Section
6724.
  SEC. 2.  Section 6723 of the Food and Agricultural Code, as added
by Section 2 of Chapter 450 of the Statutes of 1999, is repealed.