BILL NUMBER: SB 707	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 21, 2011
	AMENDED IN SENATE  MAY 4, 2011

INTRODUCED BY   Senators Cannella and Wolk

                        FEBRUARY 18, 2011

   An act to amend Sections 6981  , 6985,  and 6988 of the
Food and Agricultural Code, relating to agricultural  special
assessments   development  , and making an
appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 707, as amended, Cannella. Agricultural  special
assessments   development  .
   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  for these
purposes  .
   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 Department of Food and Agriculture to
enter into agreements with the University of California, any
commissioner, and any qualified research agency, to assist in
development of planting material for pome and stone fruit, nut tree,
and grapevine production. Existing law requires the agreements to
provide for payment for services rendered from fees collected
pursuant to the provisions described above.  
   This bill would additionally authorize the department to enter
into agreements to assist in the development of planting material for
olive tree production. Because the bill would expand the scope of
the services for which payment may be made for services rendered from
the fees described above, the bill would deposit additional moneys
into, and would expand the scope of the authorization to spend moneys
from, a continuously appropriated fund, thereby making 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.  Existing law
requires board members to represent all areas of the state involved
in the production of pome and stone fruit trees, nut trees, and
grapevines. 
   This bill would extend membership on the board to include
representatives of licensed olive nursery stock producers, as
specified  , and require the secretary to additionally consult
with the olive industry in appointing the board. The bill would
include olive trees among those items of production that are required
to be represented by board members  .
   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, 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 6985 of the   Food and
Agricultural Code   is amended to read: 
   6985.  The department may enter into agreements with the
University of California, any commissioner, and any qualified
research agency to assist in  the  development of planting
material for pome and stone fruit, nut tree,  olive tree, 
and grapevine production. The agreements shall provide for payment
for services rendered from fees collected pursuant to this article.
   SEC. 2.   SEC. 3.   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,  olive 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, 
olive 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.