Amended in Senate June 26, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 654


Introduced by Assembly Member Hall

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(Principal coauthor: Senator Evans)

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February 21, 2013


begin deleteAn act to amend Section 19817 of the Business and Professions Code, and to amend Section 12012.85 of the Government Code, relating to gaming. end deletebegin insertAn act to amend Sections 47021 and 47026 of, to amend the heading of Article 4 (commencing with Section 47025) of Chapter 10.5 of Division 17 of, and to add the heading of Article 3.5 (commencing with Section 47022) to Chapter 10.5 of Division 17 of, the Food and Agricultural Code, relating to direct marketing of agricultural products.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 654, as amended, Hall. begin deleteGambling. end deletebegin insertDirect marketing: certified farmers’ markets.end insert

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(1) Existing law requires, until January 1, 2014, that every operator of a certified farmers’ market remit to the Department of Food and Agriculture a fee equal to the number of certified producer certificates and other agricultural producers participating on each market day for the entire previous quarter to be deposited in the Department of Food and Agriculture Fund and used by the department, upon appropriation by the Legislature, as specified.

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This bill would extend these provisions until January 1, 2018.

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(2) Existing law provides that California farmers may transport for sale and sell California-grown fresh fruits, nuts, and vegetables that they produce, directly to the public at a certified farmers’ market, as specified. Existing law provides that it is unlawful for any person operating under these provisions to commit certain acts related to the conduct of farmers’ markets, including to deceptively prepare, pack, place, deliver, load, ship, transport, or sell those products. Existing law, until January 1, 2014, provides that in lieu of prosecution, but not precluding suspension or revocation of certified producer’s certificates or certified farmers’ market certificates, the Secretary of Food and Agriculture or a county agricultural commissioner may levy a civil penalty against a person who violates these provisions or any regulation implemented pursuant to these provisions, as specified.

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This bill would extend the provision authorizing the civil penalty until January 1, 2018.

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(3) This bill would also make clarifying changes.

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Existing law establishes the California Gambling Control Commission and requires the commission to establish a Gaming Policy Advisory Committee composed of representatives of controlled gambling licensees and members of the general public. Existing law requires the executive director of the commission to convene this advisory committee, from time to time, for the purpose of discussing recommended controlled gambling regulatory policy.

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This bill would require the advisory committee to meet at least twice per year, and would require the commission to consult with the committee on recommended proposed regulations.

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Existing law permits specified federally recognized Indian tribes to conduct gaming on Indian lands in California pursuant to compacts negotiated by the Governor and ratified by the Legislature. Existing law creates the Indian Gaming Special Distribution Fund for the receipt of moneys received by the state from the tribes conducting gaming according to the terms established by the compacts, which moneys are available for appropriation by the Legislature for specified purposes.

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This bill would make nonsubstantive, technical changes to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 47021 of the end insertbegin insertFood and Agricultural Codeend insert
2begin insert is amended to read:end insert

P3    1

47021.  

(a) Every operator of a certified farmers’ market shall
2remit to the department, within 30 days after the end of each
3quarter, a fee equal to the number of certified producer certificates
4and other agricultural producers participating on each market day
5for the entire previous quarter. The fee shall be established by
6January 1 of each year by the department upon the receipt of a
7budget recommendation from the advisory committee. The fee
8shall not exceed sixty cents ($0.60) for each certified producer
9certificate and other agricultural producers participating on each
10market day. A certified farmers’ market may directly recover all
11or part of the fee from the participating certified and other
12agricultural producers.

13(b) Any operator of a certified farmers’ market who fails to pay
14the required fee within 30 days after the end of the quarter in which
15it is due, shall pay to the department a monthly interest charge on
16the unpaid balance and a late penalty charge, to be determined by
17the department and not to exceed the maximum amount permitted
18by law.

19(c) All fees collected pursuant to this section shall be deposited
20in the Department of Food and Agriculture Fund. The money
21generated by the imposition of the fees shall be used, upon
22appropriation by the Legislature, by the department, to cover the
23reasonable costs to carry out this chapter, including all of the
24following actions undertaken by the department:

25(1) The coordination of the advisory committee.

26(2) The evaluation of county enforcement actions and assistance
27with regard to multiple county enforcement problems.

28(3) The adoption of regulations to carry out this chapter.

29(4) Hearing appeals from actions taken by county agricultural
30commissioners to enforce this chapter.

31(5) The review of rules or procedures established by a certified
32farmers’ market and the issuance of advisory opinions and the
33provision of informal hearings pursuant to Section 47004.1 as to
34whether the rules or procedures are consistent with this chapter
35and implementing regulations.

36(6) The maintenance of a current statewide listing of certified
37farmers’ markets with schedules of operations and locations.

38(7) The maintenance of a current statewide listing of certified
39producers.

P4    1(8) The dissemination to all certified farmers’ markets
2information regarding the suspension or revocation of any
3producer’s certificate and the imposition of administrative
4penalties.

5(9) Other actions, including the maintenance of special fund
6reserves, that are recommended by the advisory committee and
7approved by the department for the purpose of carrying out this
8chapter.

9(d) This section shall remain in effect only until January 1,begin delete 2014,end delete
10begin insert 2018,end insert and as of that date is repealed, unless a later enacted statute,
11that is enacted before January 1,begin delete 2014,end deletebegin insert 2018,end insert deletes or extends
12that date.

13begin insert

begin insertSEC. 2.end insert  

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begin insertThe heading of Article 3.5 (commencing with Section
1447022) is added to Chapter 10.5 of Division 17 of the end insert
begin insertFood and
15Agricultural Code
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begin insert, to read:end insert

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16 

17Article begin insert3.5.end insert  Violations
18

 

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19begin insert

begin insertSEC. 3.end insert  

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begin insertThe heading of Article 4 (commencing with Section
2047025) of Chapter 10.5 of Division 17 of the end insert
begin insertFood and Agricultural
21Code
end insert
begin insert is amended to read:end insert

22 

23Article 4.  begin deleteViolations and end deleteEnforcement
24

 

25begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 47026 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
26amended to read:end insert

27

47026.  

This article shall remain in effect only until January 1,
28begin delete 2014,end deletebegin insert 2018,end insert and as of that date is repealed, unless a later enacted
29statute, that is enacted before January 1,begin delete 2014,end deletebegin insert 2018,end insert deletes or
30extends that date.

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31

SECTION 1.  

Section 19817 of the Business and Professions
32Code
is amended to read:

33

19817.  

The commission shall establish and appoint a Gaming
34Policy Advisory Committee of 10 members. The committee shall
35be composed of representatives of controlled gambling licensees
36and members of the general public in equal numbers. The executive
37director shall, at least twice per year, convene the committee for
38the purpose of discussing matters of controlled gambling regulatory
39policy and any other relevant gambling-related issue. The
40commission shall consult with the committee on proposed
P5    1regulations. The recommendations concerning gambling policy
2and proposed regulations made by the committee shall be presented
3to the commission, but shall be deemed advisory and not binding
4on the commission in the performance of its duties or functions.
5The committee shall not advise the commission on Indian gaming.

6

SEC. 2.  

Section 12012.85 of the Government Code is amended
7to read:

8

12012.85.  

There is hereby created in the State Treasury a fund
9called the “Indian Gaming Special Distribution Fund” for the
10receipt and deposit of moneys received by the state from Indian
11tribes pursuant to the terms of tribal-state gaming compacts. These
12moneys shall be available for appropriation by the Legislature for
13the following purposes:

14(a) Grants, including any administrative costs, for programs
15designed to address gambling addiction.

16(b) Grants, including any administrative costs, for the support
17of state and local government agencies impacted by tribal
18government gaming.

19(c) Compensation for regulatory costs incurred by the State
20Gaming Agency and the Department of Justice in connection with
21 implementing and administering tribal-state gaming compacts.

22(d) Payment of shortfalls that may occur in the Indian Gaming
23Revenue Sharing Trust Fund. This shall be the priority use of
24moneys in the Indian Gaming Special Distribution Fund.

25(e) Disbursements for the purpose of implementing the terms
26of tribal labor relations ordinances promulgated in accordance with
27the terms of tribal-state gaming compacts ratified pursuant to
28Chapter 874 of the Statutes of 1999. No more than 10 percent of
29the funds appropriated in the Budget Act of 2000 for
30implementation of tribal labor relations ordinances promulgated
31in accordance with those compacts shall be expended in the
32selection of the Tribal Labor Panel. The Department of Human
33Resources shall consult with and seek input from the parties prior
34to any expenditure for purposes of selecting the Tribal Labor Panel.
35Other than the cost of selecting the Tribal Labor Panel, there shall
36be no further disbursements until the Tribal Labor Panel, which
37is selected by mutual agreement of the parties, is in place.

38(f) Any other purpose specified by law.

39(g) Priority for funding from the Indian Gaming Special
40Distribution Fund is in the following descending order:

P6    1(1) An appropriation to the Indian Gaming Revenue Sharing
2Trust Fund in an aggregate amount sufficient to make payments
3of any shortfalls that may occur in the Indian Gaming Revenue
4Sharing Trust Fund.

5(2) An appropriation to the Office of Problem and Pathological
6Gambling within the State Department of Alcohol and Drug
7Programs for problem gambling prevention programs.

8(3) The amount appropriated in the annual Budget Act for
9allocation between the Department of Justice and the California
10Gambling Control Commission for regulatory functions that
11directly relates to Indian gaming.

12(4) An appropriation for the support of local government
13agencies impacted by tribal gaming.

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