BILL NUMBER: SB 348 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 10, 2013
PASSED THE ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN ASSEMBLY AUGUST 7, 2013
INTRODUCED BY Senator Galgiani
FEBRUARY 20, 2013
An act to amend Sections 52322, 52323, 52324, and 52325 of the
Food and Agricultural Code, relating to agriculture, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 348, Galgiani. Agricultural seed: county seed enforcement
subventions.
Existing law, the California Seed Law, provides for an optional
subvention program under which a county may enter into a cooperative
agreement with the Secretary of Food and Agriculture to receive an
annual apportionment of funds from the secretary for maintaining a
statewide compliance level on all seed within the county. Under those
provisions, a county with no registered seed labelers may annually
receive $100, at the discretion of the secretary, and a county with
registered seed labeler operations may annually receive a subvention
based on enforcement activity generated by the registered seed
labeler operations within the county and upon the performance of
enforcement activities necessary to carry out the provisions of the
California Seed Law. Existing law makes those provisions inoperative
on July 1, 2014, and repeals those provisions on January 1, 2015.
This bill would extend the operation of these provisions until
July 1, 2016, and would repeal the provisions on January 1, 2017.
Under existing law, the fees collected pursuant to the California
Seed Law are continuously appropriated to the Department of Food and
Agriculture to carry out its provisions.
By extending the operation of these subvention provisions, this
bill would make an appropriation.
The bill would make other technical changes.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 52322 of the Food and Agricultural Code is
amended to read:
52322. The secretary shall prepare an annual statement of the
operating expenditures and income related to this chapter that shall
be presented to the board for review as soon as possible following
the termination of any fiscal year. A copy of this statement shall be
made available to any interested person upon request.
SEC. 2. Section 52323 of the Food and Agricultural Code is amended
to read:
52323. (a) The department's cost of carrying out this chapter
shall be funded from money that is received by the secretary pursuant
to this chapter. The secretary shall also pay annually, in arrears,
one hundred twenty thousand dollars ($120,000), to counties as an
annual subvention for costs incurred in the enforcement of this
chapter. The department's costs of administering this chapter shall
be paid before allocating funds to the counties under this section.
(b) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 3. Section 52324 of the Food and Agricultural Code is amended
to read:
52324. (a) The subvention program under Section 52323 is an
optional program available to counties. The subvention to counties
under Section 52323 shall be annually apportioned as follows:
(1) At the discretion of the secretary and upon recommendation of
the Seed Advisory Board, counties with no registered seed labelers
may annually receive one hundred dollars ($100).
(2) Counties with registered seed labeler operations shall receive
subventions based upon units of enforcement activity generated by
the registered seed labeler operations within the county and upon the
performance of enforcement activities necessary to carry out this
chapter. The units of activity shall be determined by the secretary,
taking into consideration the number of lots and kinds of seed
labeled by each registered seed labeler operation within the county.
The rate per unit of activity shall be established by dividing the
total statewide units of activity into the annual funds available to
the counties under Section 52323 after deducting the amount required
for subventions in paragraph (1). Apportionment to individual
counties shall be based upon the county's total units of activity
performed multiplied by the established rate.
(b) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 4. Section 52325 of the Food and Agricultural Code is amended
to read:
52325. (a) Commissioners of counties that choose to participate
in the subvention program shall enter into a cooperative agreement
with the secretary, whereby the commissioner agrees to maintain a
statewide compliance level, determined by the secretary, on all seed
within the county. The cooperative agreement shall be in effect for a
five-year period. The units of activity and apportionment calculated
under paragraph (2) of subdivision (a) of Section 52324 to each
individual participating county shall be established annually in a
memorandum of understanding between the commissioner and the
secretary.
(b) The secretary, upon recommendation of the board or upon the
secretary's own initiative, may withhold a portion of the funds
designated to a county pursuant to paragraph (2) of subdivision (a)
of Section 52324 if that county fails to meet the performance
standards established by the secretary and set forth in the
cooperative agreement with that county.
(c) The secretary shall provide a written justification to the
board for any action taken by the secretary that does not fully
implement a recommendation made by the board pursuant to subdivision
(b).
(d) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.