BILL NUMBER: SB 707	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 4, 2011

INTRODUCED BY   Senators Cannella and Wolk

                        FEBRUARY 18, 2011

   An act to amend Sections 6981 and 6988 of the Food and
Agricultural Code, relating to agricultural special assessments, and
making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 707, as amended, Cannella. Agricultural special assessments.
   Existing law imposes an annual assessment of 1% on the gross sales
of all deciduous pome and stone fruit trees, nut 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, and provides that for packaged or containerized stock, the
assessment shall be levied on the producer's bareroot price of the
plants, and specifies the purposes for which the assessment may be
used. Existing law provides that the assessment shall be paid into
the State Treasury and shall be credited to the Department of Food
and Agriculture Fund, a continuously appropriated fund.
   This bill would include olive trees within the plants that are
subject to the assessment.
   By depositing additional money into a continuously appropriated
fund, this bill would make an appropriation.
   Existing law authorizes the Secretary of the Department of Food
and Agriculture, upon consultation with the pome and stone fruit
tree, nut tree, and grapevine nursery industry, to appoint a board to
assist and advise him or her concerning the implementation of the
assessment and other related provisions of law.
   This bill would extend membership on the board to include
representatives of licensed olive nursery stock producers, as
specified.
   Vote: majority. Appropriation: yes. 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 ornamental varieties of apple,
apricot, crabapple, cherry, nectarine, olive  trees 
, peach, pear, and plum if it can be demonstrated that no benefit is
derived by these species 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.
  SEC. 2.  Section 6988 of the Food and Agricultural Code is amended
to read:
   6988.  The secretary, upon consultation with the pome and stone
fruit tree, nut tree, and grapevine nursery industry, shall appoint a
board to assist and advise him or her concerning the implementation
of this article.
   (a) Membership on the board shall consist of 11 representatives, a
majority of whom are licensed producers of pome, stone, nut, olive,
and grape nursery stock, but also users and a public member as
follows:
   (1) Two each from the stone fruit (including almonds) and nut
(other than almond) industries.
   (2) Four from the grape industry.
   (3) One each from the pome fruit and olive industries.
   (4) One public representative.
   (b) Board members shall represent all areas of the state involved
in the production of pome and stone fruit trees, nut trees, and
grapevines.
   (c) The members of the board shall serve for fixed terms of up to
two years. The secretary, upon nomination by the industry, may
appoint a member for three consecutive terms. The secretary shall
reappoint no more than eight of the then-current members of the board
within a two-year period.
   (d) The board shall meet at least twice a year. The chair or the
secretary may call any other meeting when it is deemed necessary by
one or both of them. Each member shall be allowed per diem and
mileage in accordance with Department of Personnel Administration
rules for attending any meeting of the board.
   (e) The board shall review and make recommendations to the
secretary concerning the ongoing operations of the department and the
University of California pertaining to this article. This shall
include advice on fiscal expenditure, assessments needed to cover
costs, and proposals concerning the development of planting
materials.