Amended in Senate July 1, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1038


Introduced by Assembly Member Pan

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(Coauthor: Assembly Member Medina)

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(Coauthors: Senators Correa, Roth, and Yee)

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February 22, 2013


An act to addbegin delete Section 2159.7 toend deletebegin insert Article 10 (commencing with Section 590) to Chapter 3 of Part 1 of Division 1 ofend insert the begin deleteElectionsend deletebegin insert Food and Agriculturalend insert Code, relating to begin deleteelectionsend deletebegin insert milk productsend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 1038, as amended, Pan. begin deleteVoter registration: paid registration activities.end deletebegin insert California Dairy Future Task Force.end insert

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Existing law empowers the Secretary of Food and Agriculture to formulate stabilization and marketing plans that establish the prices to be paid by milk handlers for specified classes of market milk. Existing law requires every handler subject to the provisions of a stabilization and marketing plan that purchases market milk from producers to pay a specified assessment to the secretary for deposit into the Department of Food and Agricultural Fund, with revenues to be used for certain purposes.

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This bill would require the California Dairy Future Task Force previously established by the secretary be continued in existence in order to evaluate, hold workshops, and make recommendations on various issues relating to the specific purpose of establishing a stable economic environment for California dairy producers and processors. The bill would provide that funding for the task force, not to exceed $500,000, shall be made available from assessment revenues paid to the secretary by handlers subject to a stabilization and marketing plan, subject to appropriation by the Legislature. The bill would also make legislative findings and declarations.

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Existing law authorizes any person, company, or other organization that complies with specified conditions to agree to pay money or other valuable consideration, on a per-affidavit basis or otherwise, to any person who assists another person to register to vote by receiving the completed affidavit of registration.

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This bill would, notwithstanding existing law, prohibit a person from offering to pay or paying money or other valuable consideration to another person, either directly or indirectly, to assist another person to register to vote under a certain political party by receiving the completed affidavit of registration. A violation of this prohibition would be a misdemeanor.

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By defining a new crime, this bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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

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begin insertSECTION 1.end insert  

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begin insert(a)end insertbegin insertend insertbegin insertThe Legislature finds and declares both of
2the following:end insert

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3(1) The California dairy industry has been confronted with
4numerous significant challenges in the past several years that have
5resulted in dairy producers losing revenue and equity, with many
6forced to exit the industry, while processors have faced heightened
7competition and transportation costs, and other economic
8challenges.

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9(2) A concentrated focus on these challenges is essential so that
10the California dairy industry may participate successfully in
11domestic and international markets to the benefit of dairy
12producers and processors alike.

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13(b) It is the intent of the Legislature that the Secretary of Food
14and Agriculture actively engage a California Dairy Future Task
P3    1Force to develop recommendations intended to best position both
2dairy producers and processors, as well as consumers, to achieve
3the goals of long-term success and sustainability in a market that
4continues to evolve beyond the scope of the current regulatory
5system with the addition of new products and markets.

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6(c) It is the further intent of the Legislature that these
7recommendations address current statutory and regulatory
8impediments to achieve these goals.

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9begin insert

begin insertSEC. 2.end insert  

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begin insertArticle 10 (commencing with Section 590) is added to
10Chapter 3 of Part 1 of Division 1 of the end insert
begin insertFood and Agricultural
11Code
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begin insert, to read:end insert

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12 

13Article begin insert10.end insert  California Dairy Future Task Force
14

 

15

begin insert590.end insert  

(a) The California Dairy Future Task Force previously
16established by the secretary and consisting of dairy producers,
17processors, and cooperatives shall be continued in existence for
18the specific purpose of developing a stable economic environment
19for California dairy producers and processors.

20(b) The California Dairy Future Task Force shall do all of the
21following:

22(1) Evaluate all of the following issues and any other issues it
23determines to be relevant:

24(A) Market-based and other alternative pricing models.

25(B) Pricing mechanisms that appropriately share risk and value
26between producers and processors, promote competition, and
27encourage innovation.

28(C) Impacts of milk pricing decisions on small cheese
29manufacturers and other manufacturers that do not participate in
30the whey markets, and whether revenues from their products should
31be included in the milk pool, because whey products are derived
32from the milk delivered by producers.

33(D) Whether California’s regulated milk pricing system has
34kept pace with the rapidly changing global marketplace.

35(E) Whether milk is directed to the highest and best use.

36(F) Adequacy of relevant statutes and regulations.

37(2) Hold workshops and solicit input from the dairy industry
38and related businesses.

39(3) Make recommendations to the secretary and the Legislature
40no later than July 1, 2014, regarding the addition, modification,
P4    1or repeal of existing statutes and regulations for all classes of
2milk.

3(c) Funding for the California Dairy Future Task Force, in an
4amount not to exceed five hundred thousand dollars ($500,000),
5shall be made available from the funds deposited into the
6Department of Food and Agricultural Fund pursuant to Article
714 (commencing with Section 62211) of Chapter 2 of Part 3 of
8Division 21, subject to appropriation by the Legislature.

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SECTION 1.  

Section 2159.7 is added to the Elections Code,
10to read:

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2159.7.  

Notwithstanding any other law, a person shall not offer
12to pay or pay money or other valuable consideration to another
13person, either directly or indirectly, to assist another person to
14register to vote under a certain political party by receiving the
15completed affidavit of registration. Any person who violates this
16section is guilty of a misdemeanor.

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17

SEC. 2.  

No reimbursement is required by this act pursuant to
18Section 6 of Article XIII B of the California Constitution because
19the only costs that may be incurred by a local agency or school
20district will be incurred because this act creates a new crime or
21infraction, eliminates a crime or infraction, or changes the penalty
22for a crime or infraction, within the meaning of Section 17556 of
23the Government Code, or changes the definition of a crime within
24the meaning of Section 6 of Article XIII B of the California
25Constitution.

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