BILL NUMBER: AB 654 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 26, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Hall
( Principal coauthor: Senator
Evans )
FEBRUARY 21, 2013
An act to amend Section 19817 of the Business and
Professions Code, and to amend Section 12012.85 of the Government
Code, relating to gaming. An 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.
LEGISLATIVE COUNSEL'S DIGEST
AB 654, as amended, Hall. Gambling. Direct
marketing: certified farmers' markets.
(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.
This bill would extend these provisions until January 1, 2018.
(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.
This bill would extend the provision authorizing the civil penalty
until January 1, 2018.
(3) This bill would also make clarifying changes.
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.
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.
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.
This bill would make nonsubstantive, technical changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 47021 of the Food
and Agricultural Code is amended to read:
47021. (a) Every operator of a certified farmers' market shall
remit to the department, within 30 days after the end of each
quarter, a fee equal to the number of certified producer certificates
and other agricultural producers participating on each market day
for the entire previous quarter. The fee shall be established by
January 1 of each year by the department upon the receipt of a budget
recommendation from the advisory committee. The fee shall not exceed
sixty cents ($0.60) for each certified producer certificate and
other agricultural producers participating on each market day. A
certified farmers' market may directly recover all or part of the fee
from the participating certified and other agricultural producers.
(b) Any operator of a certified farmers' market who fails to pay
the required fee within 30 days after the end of the quarter in which
it is due, shall pay to the department a monthly interest charge on
the unpaid balance and a late penalty charge, to be determined by the
department and not to exceed the maximum amount permitted by law.
(c) All fees collected pursuant to this section shall be deposited
in the Department of Food and Agriculture Fund. The money generated
by the imposition of the fees shall be used, upon appropriation by
the Legislature, by the department, to cover the reasonable costs to
carry out this chapter, including all of the following actions
undertaken by the department:
(1) The coordination of the advisory committee.
(2) The evaluation of county enforcement actions and assistance
with regard to multiple county enforcement problems.
(3) The adoption of regulations to carry out this chapter.
(4) Hearing appeals from actions taken by county agricultural
commissioners to enforce this chapter.
(5) The review of rules or procedures established by a certified
farmers' market and the issuance of advisory opinions and the
provision of informal hearings pursuant to Section 47004.1 as to
whether the rules or procedures are consistent with this chapter and
implementing regulations.
(6) The maintenance of a current statewide listing of certified
farmers' markets with schedules of operations and locations.
(7) The maintenance of a current statewide listing of certified
producers.
(8) The dissemination to all certified farmers' markets
information regarding the suspension or revocation of any producer's
certificate and the imposition of administrative penalties.
(9) Other actions, including the maintenance of special fund
reserves, that are recommended by the advisory committee and approved
by the department for the purpose of carrying out this chapter.
(d) This section shall remain in effect only until January 1,
2014, 2018, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2014, 2018, deletes or
extends that date.
SEC. 2. The heading of Article 3.5 (commencing
with Section 47022) is added to Chapter 10.5 of Division 17 of the
Food and Agricultural Code , to read:
Article 3.5. Violations
SEC. 3. The heading of Article 4 (commencing with
Section 47025) of Chapter 10.5 of Division 17 of the Food
and Agricultural Code is amended to read:
Article 4. Violations and Enforcement
SEC. 4. Section 47026 of the Food and
Agricultural Code is amended to read:
47026. This article shall remain in effect only until January 1,
2014, 2018, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2014, 2018, deletes or
extends that date.
SECTION 1. Section 19817 of the Business and
Professions Code is amended to read:
19817. The commission shall establish and appoint a Gaming Policy
Advisory Committee of 10 members. The committee shall be composed of
representatives of controlled gambling licensees and members of the
general public in equal numbers. The executive director shall, at
least twice per year, convene the committee for the purpose of
discussing matters of controlled gambling regulatory policy and any
other relevant gambling-related issue. The commission shall consult
with the committee on proposed regulations. The recommendations
concerning gambling policy and proposed regulations made by the
committee shall be presented to the commission, but shall be deemed
advisory and not binding on the commission in the performance of its
duties or functions. The committee shall not advise the commission on
Indian gaming.
SEC. 2. Section 12012.85 of the Government Code
is amended to read:
12012.85. There is hereby created in the State Treasury a fund
called the "Indian Gaming Special Distribution Fund" for the receipt
and deposit of moneys received by the state from Indian tribes
pursuant to the terms of tribal-state gaming compacts. These moneys
shall be available for appropriation by the Legislature for the
following purposes:
(a) Grants, including any administrative costs, for programs
designed to address gambling addiction.
(b) Grants, including any administrative costs, for the support of
state and local government agencies impacted by tribal government
gaming.
(c) Compensation for regulatory costs incurred by the State Gaming
Agency and the Department of Justice in connection with implementing
and administering tribal-state gaming compacts.
(d) Payment of shortfalls that may occur in the Indian Gaming
Revenue Sharing Trust Fund. This shall be the priority use of moneys
in the Indian Gaming Special Distribution Fund.
(e) Disbursements for the purpose of implementing the terms of
tribal labor relations ordinances promulgated in accordance with the
terms of tribal-state gaming compacts ratified pursuant to Chapter
874 of the Statutes of 1999. No more than 10 percent of the funds
appropriated in the Budget Act of 2000 for implementation of tribal
labor relations ordinances promulgated in accordance with those
compacts shall be expended in the selection of the Tribal Labor
Panel. The Department of Human Resources shall consult with and seek
input from the parties prior to any expenditure for purposes of
selecting the Tribal Labor Panel. Other than the cost of selecting
the Tribal Labor Panel, there shall be no further disbursements until
the Tribal Labor Panel, which is selected by mutual agreement of the
parties, is in place.
(f) Any other purpose specified by law.
(g) Priority for funding from the Indian Gaming Special
Distribution Fund is in the following descending order:
(1) An appropriation to the Indian Gaming Revenue Sharing Trust
Fund in an aggregate amount sufficient to make payments of any
shortfalls that may occur in the Indian Gaming Revenue Sharing Trust
Fund.
(2) An appropriation to the Office of Problem and Pathological
Gambling within the State Department of Alcohol and Drug Programs for
problem gambling prevention programs.
(3) The amount appropriated in the annual Budget Act for
allocation between the Department of Justice and the California
Gambling Control Commission for regulatory functions that directly
relates to Indian gaming.
(4) An appropriation for the support of local government agencies
impacted by tribal gaming.