BILL NUMBER: AB 1693	CHAPTERED  09/27/06

	CHAPTER  500
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 27, 2006
	PASSED THE ASSEMBLY  AUGUST 29, 2006
	PASSED THE SENATE  AUGUST 24, 2006
	AMENDED IN SENATE  JUNE 26, 2006

INTRODUCED BY   Assembly Member Berg
   (Coauthor: Senator Chesbro)

                        FEBRUARY 22, 2005

   An act to amend Section 77985 of the Food and Agricultural Code,
relating to the Cut Flower Commission, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1693, Berg  Cut Flower Commission: assessments.
   Existing law provides for the establishment of the Cut Flower
Commission and gives the commission the power to collect moneys from
cut flower producers, as defined, for marketing, research, and other
activities.
   This bill would cap the annual amount paid by any single producer
at $100,000 unless that producer has failed to comply with the
collections procedures as established by the applicable statutes and
regulations.
  This bill would declare that it is to take effect immediately as an
urgency statute.


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


  SECTION 1.  Section 77985 of the Food and Agricultural Code is
amended to read:
   77985.  (a) The commission shall establish the assessment for the
following marketing year not later than January 1 of each year, or as
soon thereafter as is possible. The commission shall adopt bylaws
that indicate when payment is due.
   (b) The assessment for the 1991 marketing year shall not be less
than one-half of 1 percent, nor more than 1 percent, of the gross
dollar value of flowers grown and shipped by a producer. In any
subsequent marketing year, the assessment shall not be more than 1
percent of the gross dollar value of flowers grown and shipped by a
producer.
   (c) A fee greater than the amount specified in subdivision (b) may
not be charged unless approved by the vote specified in Section
77971.
   (d) No producer shall be assessed more than one hundred thousand
dollars ($100,000) for any marketing year, except that this
limitation shall not be applicable for the entire marketing year in
which a producer does not comply with the assessment collection
requirements established in this article and as prescribed by the
commission.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order that an agreed upon settlement between the Cut Flower
Commission and the producers may be implemented, as soon as possible,
in furtherance of the welfare of the cut flower industry in
California, it is necessary for this act to take effect immediately.